§264-20 Flexibility in highway design; liability of State, counties, and public utilities. (a) If a highway, including any bridge, principal and minor arterial road, collector and local road, or street, requires new construction, reconstruction, preservation, resurfacing (except for maintenance surfacing), restoration, or rehabilitation, the department of transportation with regard to a state highway, or a county with regard to a county highway, may select or apply flexible highway design guidelines consistent with practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials. Flexibility in highway design shall consider, among other factors:

(1) Safety, durability, and economy of maintenance;

(2) The constructed and natural environment of the area;

(3) Community development plans and relevant county ordinances;

(4) Sites listed on the State or National Register of Historic Places;

(5) The environmental, scenic, aesthetic, historic, community, and preservation impacts of the activity;

(6) Access for other modes of transportation, including but not limited to bicycle and pedestrian transportation;

(7) Access to and integration of sites deemed culturally and historically significant to the communities affected;

(8) Acceptable engineering practices and standards; and

(9) Safety studies and other pertinent research.

(b) Any other law to the contrary notwithstanding, any decision by the State, the department of transportation, a county, or any officers, employees, or agents of the State, the department of transportation, or a county to select or apply flexibility in highway design pursuant to this section and consistent with the practices used by the Federal Highway Administration and the American Association of State Highway and Transportation Officials shall not give rise to a cause of action or claim against:

(1) The State;

(2) The department of transportation;

(3) The counties;

(4) Any public utility regulated under chapter 269 that places its facilities within the highway right-of-way; or

(5) Any officer, employee, or agent of an entity listed in paragraphs (1) to (4).

(c) The exception to liability provided in subsection (b) applies only to the decision to select or apply flexibility in highway design pursuant to this section and does not extend to design, construction, repair, correction, or maintenance inconsistent with subsection (a). [L 2005, c 185, §2; am L 2006, c 70, §1]