28-6310. Interim roadway by city or town

A. After receiving approval from the director and the regional planning agency, a city or town may design and construct an interim roadway within a transportation corridor that is listed in the regional transportation plan of the county in which the city or town is located for temporary use pending construction of a controlled access highway without complying with section 28-6309.

B. If a city or town proposes to design and construct an interim roadway pursuant to this section, the city or town shall:

1. Finance the design and construction of the interim roadway by using any manner of financing that a city or town is authorized by law to use to finance transportation projects.

2. Conduct public hearings to receive public comment on the proposed design and construction of the interim roadway.

C. The interim roadway shall be designed and constructed to reasonably mitigate any adverse environmental impact of the interim roadway on the surrounding area.

D. Except as provided by subsection E of this section, monies in the regional area road fund and the state highway fund shall not be used to pay or reimburse the cost of an interim roadway constructed pursuant to this section.

E. If a city or town acquires a right-of-way for an interim roadway under this section:

1. The city or town shall pay for the right-of-way.

2. Regional area road fund monies and state highway fund monies shall not be used to pay or reimburse the right-of-way costs unless payment or reimbursement is approved by a written intergovernmental agreement entered into by the city or town and the department.

F. A city or town shall indemnify and hold the state harmless for all costs and liability resulting from an interim roadway constructed by a city or town pursuant to this section.