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42 In Minnesota, MnDOT's Bikeway Facility Design As for cities and counties, although Boulder County, Manual covers such topics as bicycle network planning Colorado, has an on-line map of streets that have coordination, general design factors, on-road bikeways, shoulders, the county does not place signs indicating shared use paths, traffic controls, and maintenance. bikeways or bicycle lanes. Boulder County advised that The purpose of Minnesota's manual is "to provide engi- because the county does not have specific standards for neers, planners, and designers with a primary source to constructing shoulders for bicycle use, the county does implement...Mn/DOT's vision and mission for bicycle not want to convey the impression that one road is safer transportation in Minnesota" and to provide "citizens, than another for bicycle use. developers, and others involved in the transportation The policy in Phoenix is that all new arterial street planning process, guidance on the critical design and cross-sections include space for on-street bike lanes and planning elements to promote bicycle safety, efficiency, that bike lanes not be marked or signed unless a com- and mobility."543 plete segment is provided. Phoenix also advises that the The Nevada Department of Transportation (NDOT) only times that bike lanes have not been established in recommends that urban destinations be located directly recent years was when there was insufficient space or on or within a short distance of bikeways to encourage funds. the use of designated bikeways.544 NDOT also states King County in the State of Washington advises that that designated bicycle facilities or shared roadways its policy and guidelines applicable to bikeways are set improve the safety of and provide convenience for bicy- forth in the King County Road Design and Construction clists.545 Standards, which refer also to WSDOT and AASHTO The North Carolina Department of Transportation design guidelines and standards. King County cited a (NCDOT) advises that it has denied requests in North specific instance in which the county did not approve Carolina for designated bike lanes on some highway the inclusion of bikeways as part of a roadway im- improvement projects because of concerns about sub- provement project because the reconfiguration of the standard design for the proposed bikeway or incompati- roadway would result in the bikeways being substan- bility with overall traffic conditions on a given highway, dard. for example, on a high-speed, high-volume, multilane arterial with complex interchanges or intersections. E. Localities' Reported Litigation over Bikeway The Ohio Department of Transportation (ODOT) ad- Designations vises that the designation of bikeways involves choosing With respect to any litigation regarding the failure a route and posting signs and being responsible for or refusal to designate a bikeway, only Massachusetts them and that a route should connect destinations. reported such a case. In Massachusetts a complaint was ODOT recommends that a map or plan be used to locate dismissed that had alleged that the Massachusetts signed bike routes and further recommends that owner Highway Department, inter alia, failed to provide all 546 permission be obtained before posting signs. ODOT's reasonable provisions that are authorized and required Design Guidance for Roadway-Based Bicycle Facilities by Massachusetts law for the accommodation of bicycles covers maintenance of on-road bicycle facilities and and pedestrians in its reconstruction of a part of Massa- states that the responsibility for all on-road bicycle fa- chusetts Avenue in Boston.548 Massachusetts advised cilities belongs to city and county agencies unless the that the highway department declined to provide a bike 547 bikeway is on a state highway in a rural area. The lane on the Massachusetts Avenue project because of manual identifies items that may require maintenance vehicle demand. Although the intention was to accom- such as the removal of debris, filling of potholes or modate bicycles through the use of a shared right lane, cracks, cutting of bushes, removal of gravel, and correc- turning lanes were needed to improve the level of ser- tion of drainage problems. The manual states that signs vice along the corridor. At the time of the filing of the should be checked periodically to verify that they are complaint, the design of the project had been completed; still in place and are readable and that pavement mark- citizens' concerns did not become apparent until the ings should be checked for visibility. advertising of the project, when construction was about 549 to begin. 543 As for other jurisdictions, Georgia, where a designa- MINN. DEP'T OF TRANSP., supra note 512, at 17 (updated tion must be included on the Georgia Bicycle and Pe- Apr. 2008), available at http://www.dot.state.mn.us/bike/bikewaysdesignmanual.html. 544 Nevada State Bicycle Plan, for Nevada Department of 548 Kruclaneyer v. Paiewonsky, Mass. Super. Ct., Suffolk, Transportation, at VII-3 (2003), available at Mass., CA __, dismissed May 2009 (citing MGL, c. 90E 2A). http://www.bicyclenevada.com/pdf_bpc/nvbikeplan.pdf. 549 545 Massachusetts advises that one of the initial, important Id. steps for a project is holding a public hearing at or near the 25 546 Ohio Department of Transportation, supra note 513, percent project design stage when all interested parties may available at voice their concerns. Massachusetts states that the Bicycle- http://www.dot.state.oh.us/Divisions/Local/Projects/bicycle/Desi Pedestrian Accommodation Engineer's opinion is that a timely gn%20Guidelines/RoadwayBasedFacies.pdf. and well conducted public hearing assists in reducing and re- 547 WASH. STATE DEP'T OF TRANSP., supra note 531, at 1020- solving citizens' concerns about bicycle lanes and pedestrian 4. pathways.