Article - Transportation

8-630.

(a) (1) In this section the following words have the meanings indicated.

(2) "Municipal corporation" has the meaning stated in Article 23A, § 9 of

the Code.

 (3) "Urban highway" means a highway, other than an expressway, that

is:

(i) 1. Constructed with a curb and gutter and. an enclosed type
storm drainage system;

2. Located in an urban area and on which is located a public
facility that creates appreciable pedestrian traffic along the highway from adjacent
areas;

3. Located within urban boundaries as defined by the U.S.

Census Bureau; or

4. Located within the boundaries of a municipal corporation;

and

(ii) Part of the State highway system.

(b) (1) 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:

(i) 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

(ii) The local government indicates that there is no need for

sidewalks.

(2) Sidewalks constructed under this section shall be consistent with
area master plans and transportation plans adopted by the local planning
commission.

(c) (1) 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.

(2) Except as provided in paragraph (3) of this subsection, if sidewalks or
bicycle pathways are constructed or reconstructed in response to a request from a
local government 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.