WSR 98-21-031

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION

[Filed October 14, 1998, 8:32 a.m.]

Original Notice.

Preproposal statement of inquiry was filed as WSR 98-16-014.

Title of Rule: City/county project coordination.

Purpose: Clarify responsibilities for maintenance of state routes in relation to city and county roadways.

Statutory Authority for Adoption: RCW 47.01.101.

Statute Being Implemented: Chapter 468-18 WAC.

Summary: Updated to reflect current Washington State Department of Transportation procedures and changes in federal regulations.

Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Dennis Ingham, TransAid, (360) 705-7371.

Name of Proponent: Washington State Department of Transportation, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: This rule assists local agencies to coordinate with Washington State Department of Transportation on maintenance guidance where the local agency roads intersect highways.

Proposal Changes the Following Existing Rules: Changes include deleting WAC 468-18-060 and 468-18-080 that contains guidance either absorbed by other Washington State Department of Transportation procedures or no longer needed because of changes in federal regulations.

No small business economic impact statement has been prepared under chapter 19.85 RCW.

RCW 34.05.328 does not apply to this rule adoption.

Hearing Location: Commission Board Room, Transportation Building 1D2, Olympia, Washington 98504, on December 18, 1998, at 1:00 p.m.

Assistance for Persons with Disabilities: Contact TDD (360) 705-6980, by December 11, 1998.

Submit Written Comments to: Dennis Ingham, Department of Transportation, Olympia, Washington 98504-47390, fax (360) 705-6822, by December 11, 1998.

Date of Intended Adoption: December 18, 1998.

October 9, 1998

Gerald E. Smith

Deputy Secretary, Operations

OTS-2423.1

Chapter 468-18 WAC

((STATE AID)) CITY/COUNTY PROJECT COORDINATION

AMENDATORY SECTION (Amending DOT Order 10 and Comm. Order 1, Resolution No. 13, filed 12/20/78)

WAC 468-18-040  Design standards for rearranged county roads, frontage roads, access roads, intersections, ramps and crossings. Because of the wide variety of rearranged county roads, frontage or access roads, intersections, ramps and crossings encountered by the freeway construction and relocation of other state highways, further understandings are desirable as to the jurisdiction and the responsibility between the county and state.

((The policy on the construction, improvement and maintenance of intersections of state highways and county roads approved December 7, 1952 by the Washington association of county commissioners and January 14, 1953 by the Washington state highway commission has been the guide in determining the responsibility of these two agencies, and is hereby revised and updated to supersede the above stated policy.))

Following are the criteria, procedure and design standards that the state department of transportation shall use in the planning for frontage roads and access roads that counties will be requested to accept as county roads and the construction of rearranged county roads, intersections, ramps and crossings:

(1) At the early stages of planning, before the right of way maps are prepared, the state and county shall review the proposed improvement.

(2) The proposed design standards shall not be less than the current "Washington state county arterial design standards," except where an individual county shall have adopted a higher design standard, in which case the higher standard shall apply.

(3) The required right of way for the proposed improvement, which shall not be less than that called for by the current "Washington state county arterial design standards," shall be either deeded to the county or the county given an easement for rights of way purposes.

(4) The proposed construction shall include all the necessary traffic control and safety devices and be signed in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways, as modified and adopted by the Washington state department of transportation, to protect the driving public.

(5) An agreement shall be negotiated between the state and county at this early stage of planning, before right of way maps are approved for each rearranged county road, frontage or access road, intersection or crossing, which shall cover the standards of construction, right of way, and outline the responsibility of each agency which shall conform to the following basic principles of maintenance responsibilities:

(a) Where an existing county road is crossed by a state highway underpass, the state will construct the underpass and necessary approaches and maintain the underpass.

The roadway to be provided for county traffic will be constructed by the state.

If illumination exists on the county road at the time of construction of the underpass, the state shall provide the necessary facilities for illuminating the county's portion of the road over the state highway and the necessary approach roadway.

If it is determined that illumination will be necessary at a later date and it will be necessary to place conduits in the structure, the state shall provide same.

The county will maintain the roadway providing for county traffic including traffic stripe, snow removal, sanding and illumination, if needed, for the county road.

(b) Where an existing county road is crossed by a state highway overpass, the state will construct the structure and necessary approach roadway and maintain the structure.

The county will maintain the entire roadway under the structure except special drainage, if needed.

The state shall provide the necessary facilities for illuminating the county's portion of the road under the structure and necessary approach roadway, unless otherwise agreed.

(c) When an existing county road is crossed at grade by a new state highway, the state will assume all costs for the construction including taper sections, acceleration and deceleration lanes and be responsible for all maintenance to the right of way line.

Stop signs after installation shall be maintained in accordance with the state statutes.

The construction and maintenance of illumination will be the responsibility of the state.

When a new county road intersects a state highway, the maintenance responsibilities will be the same as outlined above. The construction costs shall be the responsibility of the county.

(d) Whenever, because of increased traffic, heavy turning movements, accident frequency or other good cause, it becomes necessary to initiate a project for the improvement of an existing intersection not incidental to a construction project, the state and county will cooperate in the cost of the improvement in each case by mutual agreement in accordance with the following formula:

(i) Ascertain the number of legs of the intersection under the existing responsibility of each agency involved.

(ii) Ascertain the traffic volume on each leg.

(iii) Add the traffic counts on each agency's intersection legs.

(iv) The resulting percentage of the traffic volume total falling to each jurisdiction should be the relative proportion of the improvement's cost to be borne by each agency: Provided,That in no case shall the county's share of the total cost of the improvement exceed fifty percent of that cost.

The maintenance responsibilities will be the same as outlined above in subparagraph (c) of this subsection.

(e) When an interchange is constructed at an intersection of a state highway and county road, the ramps, structure and crossroad within the interchange area shall be maintained and reconstructed, if necessary, by the state. Illumination, if required, shall be constructed by the state and that portion located on state right of way maintained by the state or as otherwise agreed.

Traffic signals on state right of way, if required at ramp terminals, shall be constructed, operated and maintained by the state.

(f) Where it is necessary to relocate an existing county road, the state will construct the road and the county will maintain the road.

(g) If a county road or street is dead-ended, the state will construct a cul-de-sac to the county standards.

(h) When it is necessary for the state to construct service roads, landlock prevention roads or dead-end roads, which may be desirable in lieu of damages to property, the provisions of RCW 47.52.105 shall be the guide.

These roads shall be the state's responsibility unless by agreement in accordance with the procedures outlined in the policy statement, the county will accept these roads as county roads and if such an agreement is entered into, all dead-end roads shall have a cul-de-sac constructed to the county's standard.

(i) Upon completion of the construction of each rearranged county road, frontage road, access road, intersection or crossing for which an agreement has been entered into between the state and county, an inspection by the state and county road engineer shall be made to determine that all the requirements of the agreement have been fulfilled. Upon fulfillment of the agreement, the district engineer shall notify the county in writing and the county shall accept the road as a county road or assume the responsibilities as set forth in said agreement.

Within one year the state will turn over the right of way to the county for any construction accepted by the county as a county maintained road.

[Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-18-040, filed 12/20/78. Formerly WAC 252-10-041.]

AMENDATORY SECTION (Amending DOT Order 10 and Comm. Order 1, Resolution No. 13, filed 12/20/78)

WAC 468-18-050  Policy on the construction, improvement and maintenance of intersections of state highways and city streets. (1) Legal reference. Section 61, chapter 220, Laws of 1949 provides in part as follows: ". . . ; and all such streets including curbs and gutters and street intersections and such bridges and wharves shall be constructed and maintained by the director from any state funds available therefor.

"The jurisdiction control and duty of the state and city and town with respect to said streets shall be as follows:

"(a) . . .

"(b) The city and town shall exercise full responsibility for and control over any such street beyond the curbs, and if no curb is installed beyond the portion used for highway purposes."

(2) The problem. The construction of partially and fully controlled limited access freeways or similarly designed state highways through cities and towns is becoming more frequent. The construction of cloverleaf and other types of interchanges makes it difficult to determine exactly which features of the interchange constitute the "street intersection" for which responsibility is established by law.

(3) The policy. After the access plan for any partial, or fully controlled limited access highway has been approved by a city or town, the state and city authorities shall negotiate an agreement establishing responsibility for construction and maintenance of the various features of each interchange. To illustrate the basic principles of these responsibilities and to serve as a guide in such negotiations, the attached sketches of typical intersections and interchanges are hereby made a part of this policy. The scope of this policy does not include the roadside areas enclosed in the loops or ramps of an interchange or the slopes of cuts and fills, responsibility for which is more clearly defined by statute.

On April 30, 1997, the department of transportation and the Association of Washington Cities approved guidelines on the interpretation of selected topics of chapter 47.24 RCW and the above figures for the construction, operation and maintenance responsibilities of the department and cities for city streets that are part of state highways. These guidelines are general in nature and do not preclude the department and individual cities from entering into agreements to address particular circumstances.

[Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-18-050, filed 12/20/78. Formerly WAC 252-10-050.]

REPEALER

The following sections of the Washington Administrative Code are repealed:

WAC 468-18-060 Secretary of transportation to proceed with hearings under the Federal Aid Highway Act of 1956.

WAC 468-18-080 Policy governing the application of federal aid secondary funds.