Original Notice.

     Preproposal statement of inquiry was filed as WSR 08-24-031.

     Title of Rule and Other Identifying Information: WAC 468-18-040 Design Standards for rearranged county roads, access roads, intersections, ramps and crossings, and 468-30-070 Procedure for transfer of abandoned state highways to counties, 468-30-075 Procedure for transfer of abandoned state highways to cities and towns.

     Hearing Location(s): Transportation Commission Board Room, Transportation Building, 310 Maple Park Avenue S.E., Olympia, WA 98501-3261, on April 8, 2009, at 2:00 p.m.

     Date of Intended Adoption: April 8, 2009.

     Submit Written Comments to: Rebecca Hawkins, Department of Transportation, P.O. Box 4733, Olympia, WA 98504-7410, e-mail Hawkire@wsdot.wa.gov, fax (360)705-6815, by April 7, 2009.

     Assistance for Persons with Disabilities: Contact Grant Heap by April 3, 2009, TTY (800) 833-6388 or (360) 705-7760.

     Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: Revising language for clarity, and consistency with Washington state department of transportation (WSDOT) policies and practices.

     Anticipated effects: Creates an alternative mechanism for "certification" as required under RCW 36.75.090 and 47.24.010.

     Reasons Supporting Proposal: The revisions would allow WSDOT and local agencies to coordinate property transfers in a more efficient manner, which will help to conserve state and local resources.

     Statutory Authority for Adoption: RCW 36.75.090, 47.24.010.

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

     Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: RCW 36.75.090 and 47.24.010 require WSDOT to "certify" portions of highway to be transferred to cities or counties.

     WAC 468-30-070 and 468-30-075 established a 10-step certification process for this purpose. This change would create an alternative, where a more streamlined coordination process is appropriate.

     Revision of WAC 468-30-040 also updates and clarifies the process.

     Name of Proponent: WSDOT, governmental.

     Name of Agency Personnel Responsible for Drafting: Rebecca Hawkins, 310 Maple Park Avenue S.E., Olympia, WA 98504-7336, (360) 705-7248; Implementation: Ahmer Nizam, 310 Maple Park Avenue S.E., Olympia, WA 98504-7336, (360) 705-7271; and Enforcement: Pasco Bakotich III, 310 Maple Park Avenue S.E., Olympia, WA 98504-7336, (360) 705-7231.

     No small business economic impact statement has been prepared under chapter 19.85 RCW. Economically we are not changing anything, just clarifying the process and providing an alternative to the "certification" process.

     A cost-benefit analysis is not required under RCW 34.05.328. There is no impact to small businesses.

March 2, 2009

Stephen T. Reinmuth

Chief of Staff

OTS-2202.1

AMENDATORY SECTION(Amending Order 186, filed 12/21/98, effective 1/21/99)

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.

     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 and determine what cooperative agreements will be needed between the state and county.

     (2) The proposed design standards shall not be less than the current (("Washington state county arterial design standards,")) "city-county design standards" located within the "Local Agency Guideline Manual," 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)) (4) Unless otherwise agreed to between the state and county, the ((responsibility)) responsibilities 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)) All roads under this subsection 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)) otherwise agreed to between the state and county.

     (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)) state 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.)) (5) The transfer of any right of way by the state to a county for any rearranged county road, frontage road, access road, intersection, crossing, or improvements constructed under this chapter shall be in accordance with WAC 468-30-070, as amended.

[Statutory Authority: RCW 47.01.101. 99-01-121 (Order 186), § 468-18-040, filed 12/21/98, effective 1/21/99. 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.]

OTS-2203.1

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

WAC 468-30-070   Procedure for transfer of abandoned state highways to counties.   A public highway which is or has been a part of the route of a state highway and is no longer necessary as such may be certified to the county in which it is located in the following manner:

     The ((state aid engineer)) department of transportation shall notify the affected board of county commissioners and the county engineer of any certifications anticipated for the ensuing calendar year not later than August 1 of the previous year, so that the county may provide in its budget for the maintenance and/or reconstruction of roads which are transferred to it by the department of transportation in accordance with RCW 36.75.090.

     (1) When a tentative date has been determined on which the transfer of the highway is to be made, the ((district engineer)) appropriate department of transportation region shall arrange for a joint maintenance inspection by representatives of the ((highway)) department of transportation and the county.

     (2) ((The highway department shall be represented by the district state aid engineer and the district maintenance engineer or his designated representative.

     (3) The county shall be represented by the county road engineer and his maintenance engineer, supervisor or designated representative.

     (4))) Any and all routine maintenance deficiencies which are noted at the time of this inspection shall be corrected by the ((district)) department of transportation region maintenance forces.

     (((5))) (3) Upon completion of any maintenance work deemed necessary, the ((district engineer)) department of transportation shall by letter inform the county engineer to the effect that all maintenance deficiencies noted during the inspection have been corrected.

     (((6))) (4) The county engineer shall by letter subsequently inform the ((district engineer)) department of transportation that the road or highway to be transferred is either (a) in a condition acceptable to the county, or (b) in a condition not acceptable to the county, in which case the unacceptable conditions shall be enumerated in detail.

     (((7))) (5) In the event that the ((district engineer)) department of transportation feels that additional maintenance work is required, ((he)) it shall direct such work to be done and again follow the procedure outlined in subsection (((5))) (3) of this section; and the county engineer shall then follow the procedure outlined in subsection (((6))) (4) of this section.

     (((8))) (6) In the event that it becomes impossible for the ((district)) department of transportation and the county to reach agreement, a full report of the initial inspection and the apparent points of disagreement shall be transmitted to the ((state aid)) highways and local programs engineer, who will then consult with the state maintenance engineer and the county engineer and provide the ((director)) secretary of transportation with all significant information and with ((his)) their own recommendations.

     (((9))) (7) The secretary of transportation will take final action on the transfer of the road and the county shall be provided with a copy of ((his)) the decision two weeks before the certification is made.

     (((10))) (8) After the certification has been made, the ((state)) department of transportation will provide the county with all available maps, conveyances, permits, franchises and other documents which may relate to that portion of the road or highway transferred.

     Maintenance is described as being the preservation and upkeep of a highway, including all of its elements, in as nearly its original, or as constructed, or as subsequently improved, condition as possible. This includes traffic control devices and other safety control measures deemed necessary.

     In the alternative, the department with any county may enter into an agreement that modifies the above highway certification process so long as the agreement complies with the provisions of RCW 36.75.090.

[Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), § 468-30-070, filed 12/20/78. Formerly WAC 252-12-055.]

     The ((state aid engineer)) department of transportation shall notify the affected legislative body and the city or town engineer of any certifications anticipated for the first half of July of the ensuing calendar year not later than August 1 of the previous year, so that the city or town may provide in its budget for the maintenance and/or reconstruction of roads which are transferred to it by the department of transportation in accordance with RCW 36.75.090 and 47.24.010.

     (1) The department of transportation shall make such certifications between the first and fifteenth of July each year. A reasonable time prior to the certification of a highway, the ((district administrator)) appropriate department of transportation region shall arrange for a joint maintenance inspection by representatives of the ((transportation)) department of transportation and the city or town.

     (2) ((The transportation department shall be represented by the district state aid engineer and the district maintenance engineer or his designated representative.

     (3) The city or town shall be represented by the city or town engineer and his maintenance engineer, supervisor or designated representative.

     (4))) Any and all routine maintenance deficiencies which are noted at the time of this inspection shall be corrected by the ((district)) department of transportation region maintenance forces or by contract.

     (((5))) (3) Upon completion of any maintenance work deemed necessary, the ((district administrator)) department of transportation shall by letter inform the city or town engineer to the effect that all maintenance deficiencies noted during the inspection have been corrected.

     (((6))) (4) The city or town engineer shall by letter subsequently inform the ((district administrator)) department of transportation that the road or highway to be transferred is either (a) in a condition acceptable to the city or town or (b) in a condition not acceptable to the city or town in which case the unacceptable conditions shall be enumerated in detail.

     (((7))) (5) In the event that the ((district administrator)) department of transportation feels that additional maintenance work is required, ((he)) it shall direct such work to be done and again follow the procedure outlined in subsection (((5))) (3) of this section; and the city or town engineer shall then follow the procedure outlined in subsection (((6))) (4) of this section.

     (((8))) (6) In the event that it becomes impossible for the ((district)) department of transportation and the city or town to reach agreement, a full report of the initial inspection and the apparent points of disagreement shall be transmitted to the ((state aid)) highways and local programs engineer, who will then consult with the ((state)) department of transportation maintenance engineer and the city or town engineer and provide the secretary of transportation with all significant information and with ((his own)) their recommendations.

     (((9))) (7) The secretary of transportation will take final action on the transfer of the road and the city or town shall be provided with a copy of ((his)) the decision two weeks before the certification is made.

     (((10))) (8) After the certification has been made, the state will provide the city or town with all available maps, conveyances, permits, franchises and other documents which may relate to that portion of highway transferred.

     Maintenance is described as a program to preserve and repair a system of roadways together with its elements to ensure its designed or established structural life and operational expectancy. This includes traffic control devices and other safety control measures deemed necessary.

     In the alternative, the department with any city or town may enter into an agreement that modifies the above highway certification process so long as the agreement complies with the provisions of RCW 36.75.090.

[Statutory Authority: Chapter 34.04 RCW. 79-09-044 (Order 35), § 468-30-075, filed 8/20/79.]

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