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<section article="gtr" article_name="Transportation" number="8-630" title_number="8" title_name="Highways" subtitle_number="6" subtitle_name="Construction and Maintenance">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Municipal corporation” means a municipality as defined in § 1–101 of the Local Government Article.</text>
    </level>
    <level label="3">
      <text>“Urban highway” means a highway, other than an expressway, that is:</text>
      <level label="i">
        <level label="1">
          <text>Constructed with a curb and gutter and an enclosed type storm drainage system;</text>
        </level>
        <level label="2">
          <text>Located in an urban area and on which is located a public facility that creates appreciable pedestrian traffic along the highway from adjacent areas;</text>
        </level>
        <level label="3">
          <text>Located within urban boundaries as defined by the U.S. Census Bureau; or</text>
        </level>
        <level label="4">
          <text>Located within the boundaries of a municipal corporation; and</text>
        </level>
      </level>
      <level label="ii">
        <text>Part of the State highway system.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>Sidewalks shall be constructed at the time of construction or reconstruction of an urban highway, or in response to the request of a local government unless:</text>
      <level label="i">
        <text>The Administration determines that the cost or impacts of constructing the sidewalks would be too great in relation to the need for them or their probable use; or</text>
      </level>
      <level label="ii">
        <text>The local government indicates that there is no need for sidewalks.</text>
      </level>
    </level>
    <level label="2">
      <text>Sidewalks constructed under this section shall be consistent with area master plans and transportation plans adopted by the local planning commission.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>If sidewalks or bicycle pathways are constructed or reconstructed as part of a roadway construction or reconstruction project, the Administration shall fund the sidewalk or bicycle pathway construction or reconstruction as a part of the cost of the roadway project.</text>
    </level>
    <level label="2">
      <text>Except as provided in paragraphs (3) and (4) of this subsection, if sidewalks or bicycle pathways are constructed or reconstructed in response to a request from a local government in its annual priority letter for the Department’s consideration for inclusion in the Consolidated Transportation Program under § 2–103.1 of this article and the adjacent roadway is not being concurrently constructed or reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be shared equally between the State and local governments.</text>
    </level>
    <level label="3">
      <text>If sidewalks or bicycle pathways within a sustainable community as defined in § 6–301 of the Housing and Community Development Article are constructed or reconstructed in response to a request from a local government in its annual priority letter for the Department’s consideration for inclusion in the Consolidated Transportation Program under § 2–103.1 of this article and the adjacent roadway is not being concurrently constructed or reconstructed, the cost to construct or reconstruct the sidewalk or bicycle pathway may be funded entirely by the State.</text>
    </level>
    <level label="4">
      <level label="i">
        <text>This paragraph does not apply to a priority funding area that is a sustainable community as defined in § 6–301 of the Housing and Community Development Article.</text>
      </level>
      <level label="ii">
        <text>From the funding programmed for sidewalks and bicycle pathways by the Department in the Consolidated Transportation Program under § 2–103.1 of this article, the Administration shall prioritize funding for sidewalks and bicycle pathways that are, or are adjacent to highways that are, subject to:</text>
        <level label="1">
          <text>A complete streets policy, as defined in § 2–112 of this article; or</text>
        </level>
        <level label="2">
          <text>Another similar Vision Zero program under Subtitle 10 of this title.</text>
        </level>
      </level>
      <level label="iii">
        <text>If sidewalks or bicycle pathways within an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article are constructed or reconstructed in response to a request from a local government in its annual priority letter for the Department’s consideration for inclusion in the Consolidated Transportation Program under § 2–103.1 of this article and the adjacent roadway is not being concurrently constructed or reconstructed, and if the Administration determines that construction would not occur under this section due to insufficient contribution of funds by the local government, the cost to construct or reconstruct the sidewalk or bicycle pathway shall be shared between the State and local government as follows:</text>
        <level label="1">
          <text>75 percent of the cost shall be funded by the State; and</text>
        </level>
        <level label="2">
          <text>25 percent of the cost shall be funded by the local government.</text>
        </level>
      </level>
      <level label="iv">
        <text>If sidewalks or bicycle pathways within an area designated as a priority funding area under § 5–7B–02 of the State Finance and Procurement Article are constructed or reconstructed based on a determination by the Administration that a substantial public safety risk or significant impediment to pedestrian access exists and the adjacent roadway is not being concurrently constructed or reconstructed, then:</text>
        <level label="1">
          <text>The Administration shall categorize the sidewalk or bicycle pathway construction project as “system preservation” and give corresponding funding priority to the project; and</text>
        </level>
        <level label="2">
          <text>The cost to construct or reconstruct the sidewalk or bicycle pathway and to acquire the necessary right–of–way may be funded entirely by the State.</text>
        </level>
      </level>
    </level>
    <level label="5">
      <text>If sidewalks or bicycle pathways are being constructed or reconstructed in response to a request from a local government in its annual priority letter for the Department’s consideration for inclusion in the Consolidated Transportation Program under § 2–103.1 of this article and the adjacent roadway is not being concurrently constructed or reconstructed, the local government shall:</text>
      <level label="i">
        <text>Provide public notice and opportunities for community involvement prior to the construction of a sidewalk or bicycle pathway project; and</text>
      </level>
      <level label="ii">
        <text>Secure any necessary right–of–way that may be needed beyond the right–of–way already owned by the State.</text>
      </level>
    </level>
    <level label="6">
      <level label="i">
        <text>Except as provided in subparagraph (ii) of this paragraph, after sidewalks and bicycle pathways are constructed under this section, they shall be maintained and repaired by the political subdivision in which they are located.</text>
      </level>
      <level label="ii">
        <text>Subject to approval and the availability of funds, the Administration promptly shall reimburse a political subdivision for the preapproved and documented costs incurred in reconstructing a segment of a sidewalk or bicycle pathway that has deteriorated to the extent that repair is not practical or desirable for public safety.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <text>The Administration may not construct any project that will result in the severance or destruction of an existing major route for pedestrian transportation traffic, unless the project provides for construction of a reasonable alternative route or such a route already exists.</text>
  </level>
  <level label="e">
    <text>The Administration shall develop guidelines jointly with local governments to carry out the provisions of this section.</text>
  </level>
  <level label="f">
    <text>The Administration shall maintain and repair all facilities for nighttime illumination that:</text>
    <level label="1">
      <text>Are constructed by the Administration for the safe conduct of vehicular traffic; and</text>
    </level>
    <level label="2">
      <text>Exist adjacent to urban highways.</text>
    </level>
  </level>
</section>
