§163.1. Use of highway funds for bicycle facilities

A.(1) The department annually may expend a reasonable amount of the transportation trust fund for the establishment, construction, and maintenance of bicycle facilities. Bicycle facilities may be established wherever a highway, road, or street is being constructed, reconstructed, relocated, or as separate projects, unless the department determines the following:

(a) The roadway is one on which the presence of bicyclists and pedestrians is prohibited by law.

(b) The cost of providing bicycle facilities would be excessively disproportionate to the need or probable use. "Excessively disproportionate" is defined as exceeding twenty percent of the cost of the project.

(c) There is a sparsity of population which demonstrates absence of need or prudence, or future development is not anticipated.

(2) Bicycle facilities shall not be constructed in conjunction with preservation projects if the construction of the facility requires right-of-way acquisition, utility relocation, or major construction. Retrofits, including but not limited to narrowing lanes, restriping, and other general improvements, shall be considered in conjunction with preservation projects.

(3) When population levels and development demonstrates that bicycle facilities would fill a need and construction of the facility would require right-of-way acquisition, utility relocation, or major construction, the department shall work with a municipality or parish to identify funding for the facility as a separate project.

(4) Maintenance of sidewalks and bicycle facilities outside the limits of the curb or shoulder shall be the responsibility of the municipality or parish. Maintenance agreements shall be required.

B. Any municipality or parish may expend a reasonable amount of funds received from the parish transportation fund for the establishment, construction, and maintenance of bicycle facilities.

C. Repealed by Acts 2010, No. 618, §4.

D. The amount expended by the department as permitted by this Section may be at least one percent of the total funds appropriated to the transportation trust fund in any given fiscal year.

E. Any municipality or parish which receives funds from the parish transportation fund may expend at least one percent of those funds for the establishment of bicycle facilities. However,

(1) This Subsection shall not apply to a municipality in which the one percent equals two hundred fifty dollars or less, or to a parish in any year in which the one percent equals one thousand five hundred dollars or less;

(2) A municipality or parish in lieu of expending the funds each year may credit the funds to a special fund or account, to be held for not more than ten years, and to be expended only for the purposes required by this Section.

F. The department shall recommend construction standards for bicycle facilities.

G. The department shall provide a uniform system of marking bicycle facilities in accordance with the Manual on Uniform Traffic Control Devices, such system to be used on all facilities under the jurisdiction of the department and municipalities and parishes.

H. The department and municipalities and parishes shall restrict the use of bicycle facilities under their respective jurisdictions to pedestrians and nonmotorized vehicles, except for electric personal assistive mobility devices where such devices do not pose a hazard to the device users or other users of the facility.

Added by Acts 1974, No. 577, §2. Amended by Acts 1977, No. 291, §1; Acts 1999, No. 368, §1, eff. June 16, 1999; Acts 2010, No. 618, §§3, 4.