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Memorandum - l;larilication of r ri W A's uversignt xole in Accessir,lllty - uTIlce of t,ivii... rage s or ~
<br />Sidewalks and Street Crossings
<br />Where sidewalks are provided, public agencies shall provide pedestrian access features such as continuous,
<br />unobstructed sidewalks, and curb cuts with detectable warnings at highway and street crossings. 28 CFR 35.151
<br />(c), referencing 28 CFR Part 36, App. A, ADA Accessibility Guidelines (ADAAG). The FHWA encourages the use
<br />of ADAAG standards. If pedestrian signals are provided, they must have a reasonable and consistent plan to be
<br />accessible to persons with visual disabilities.
<br />Sidewalks and street crossings generally should use the guidelines the Access Board is proposing for public
<br />rights-of-way. The FHWA distributed an information memorandum on November 20, 2001, stating that Designing
<br />Sidewalks and Trails, Pan` 11, Best Practices Design Guide can be used to design and construct accessible
<br />pedestrian facilities. This report provides information on how to implement the requirements of Title II of the ADA.
<br />Designing Sidewalks and Trails for Access is the most comprehensive report available for designing sidewalks
<br />and street crossings and contains compatible information on providing accessibility with information published by
<br />the Access Board in the ADAAG. This report can be found at wwvd.,fhwa do...t..gov/enyironmentlsidewal_k2.
<br />When the Access Board completes guidelines for public rights-of-way and they are adopted by the United States
<br />Department of Transportation and DOJ as standards under the ADA and Section 504, they will supersede the
<br />currently used standards and criteria.
<br />When Federal-aid highway program funds are used for parking facilities, or buildings such as transit facilities, rest
<br />areas, information centers, transportation museums, historic preservation projects, or other projects where
<br />pedestrians are expected, the project must meet the current applicable accessibility standards, whether or not the
<br />project is within the public right-of-way. The ADAAG includes special provisions for building alterations and for
<br />historic preservation projects.
<br />Shared Use Paths and Trails
<br />The design standards for shared use paths and trails are specific to the function of the path or trail:
<br />Shared use paths and pedestrian trails that function as sidewalks shall meet the same requirements as
<br />sidewalks. Where shared use paths and pedestrian trails cross highways or streets, the crossing also shall
<br />meet the same requirements as street crossings, including the provision of detectable warnings.
<br />Shared use paths and pedestrian trails that function as trails should meet the accessibility guidelines
<br />proposed in the Access Board's Regulatory Negotiation Committee on Accessibility for Outdoor Developed
<br />Areas Final Report found at www..acces....s..-board,.gov/ou.tdoor/o..u...tdoor-_rec rpth.tm. This report also has
<br />guidelines for Outdoor Recreation Access Routes (routes connecting accessible elements within a picnic
<br />area, camping area, or a designated trailhead).
<br />Recreational trails primarily designed and constructed for use by equestrians, mountain bicyclists,
<br />snowmobile users, oroff-highway vehicle users, are exempt from accessibility requirements even though
<br />they have occasional pedestrian use.
<br />Most trailside and trailhead structural facilities (parking areas, restrooms) must meet the ADAAG standards.
<br />Technical Feasibility and Cost
<br />When constructing a new transportation facility or altering an existing transportation facility, a public agency
<br />should consider what is included within the scope of the project. For elements that are within the scope of the
<br />project, the ADAAG provides that "Any features of a...facility that are being altered and can be made accessible
<br />shall be made accessible [i.e., made to conform with ADAAG] within the scope of the alteration." ADAAG 4.1.6(j).
<br />The only exception to this rule is where conformity with ADAAG is "technically infeasible," meaning that "existing
<br />structural conditions would require removing or altering aload-bearing member which is an essential part of the
<br />structural frame [e.g., in the case of a highway project, a bridge support]; or because other existing physical or site
<br />constraints prohibit modification of addition of elements, spaces, or features which are in full and strict compliance
<br />with the minimum requirements for new construction and which are necessary to provide accessibility." ADAAG
<br />4.1.6(j).
<br />Where making an alteration that meets accessibility requirements is technically infeasible, the public agency must
<br />ensure that the alteration provides accessibility to the "maximum extent feasible." If a public agency believes that
<br />full ADAAG compliance is technically infeasible, the public agency should document that the proposed solution to
<br />the problem meets the "maximum extent feasible" test. With respect to any element of an alteration that is within
<br />the scope of the project and is not technically infeasible, DOJ guidance provides that under ADAAG standards
<br />"cost is not a factor." DOJ Technical Assistance Manual for Title II of the ADA, II-6.3100(4). Consequently, if the
<br />accessibility improvement is technically feasible, the public agency must bear the cost of fully meeting ADAAG
<br />http://www.fhwa.dot.gov/civilrights/ada_memo_clarificationa.htm 11/28/2 07
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