Federal law now explicitly allows cities to apply NACTO street design guidance to federally-funded projects on city streets—even if a state requires different standards.
On November 15, 2021, President Biden signed the Infrastructure Investment and Jobs Act into law. In a step forward for cities seeking to streamline design and Complete Streets processes, the IIJA contains a new provision granting cities authority to use federally-recognized design guidance of their choice when implementing federally-funded projects on city-owned streets:
“A local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws.”
(Standards 23 USC §109, IIJA Section 11129)
Since Congress and the Federal Highway Administration have recognized the NACTO Urban Street Design Guide and Urban Bikeway Design Guide, cities and communities looking to apply the Urban Street Design Guide and Urban Bikeway Design Guide to federally-funded local projects can now do so—without needing state permission. (Remember, NACTO standards are compliant with, but not a substitute for, the Manual on Uniform Traffic Control Devices!)
How to Adopt a Design Guide
To comply with the law, cities should formally adopt the Guide via a stand-alone departmental memo, a legislative resolution or ordinance, or through reference in their existing design guidance. There are several paths to adopting a design guide, including:
Departmental Memo
One fast way for a city to adopt NACTO guidance is for the city’s chief transportation engineer or equivalent to issue a memo stating “the Urban Street Design Guide and Urban Bikeway Design Guide of the National Association of City Transportation Officials [or other FHWA-recognized guide] are adopted as the city’s official street and roadway design standards including for the purposes of Federally-funded projects” or similar text. All departments involved in design decisions should be signatories to the memo.
City Council Ordinance
A city council may adopt a NACTO guide or other recognized design guide through a Complete Streets ordinance or equivalent tool. The following examples are strong ordinances because they include a statement stating that “the Urban Street Design Guide of the National Association of City Transportation Officials [or other FHWA-recognized guide] is hereby adopted as the city’s official design standard.” If desired, a clause can be added specifying that the adoption is relevant to “all street and roadway projects on city-owned streets regardless of funding source.”
Click the link below to download this information as a PDF.
Photo Credits: Riverside Park bike path – City of Grand Rapids, Michigan