(1) As used in this section:

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(a)(A) ‘Project’ means a bridge project proposed for funding under a draft Statewide Transportation Improvement Program that consists of:

(i) Construction of a new bridge that crosses a floatable natural waterway; or

(ii) Improvements to an existing bridge that crosses a floatable natural waterway.

(B) ‘Project’ does not mean maintenance of an existing bridge.

(b) ‘Public access’ means public access to a floatable natural waterway.

(2) The Department of Transportation shall notify the Department of State Lands, the State Parks and Recreation Department and the State Marine Board when the Department of Transportation proposes a project for funding under a draft Statewide Transportation Improvement Program, unless:

(a) The project is part of a project on a limited access highway or ferry terminal; or

(b) The Department of Transportation determines that siting public access near the project is not feasible.

(3) After receiving notice from the Department of Transportation under subsection (2) of this section, the Department of State Lands, the State Parks and Recreation Department and the State Marine Board may propose changes to the project to enable public access and may provide the Department of Transportation with an estimate of:

(a) The availability of funding from sources other than the State Highway Fund for a public access site near the project;

(b) The likelihood and type of any potential public use of a public access site near the project; and

(c) Any impacts associated with siting public access near the project.

(4) After receiving proposed changes to a project under subsection (3) of this section, the Department of Transportation shall consider:

(a) The proposed changes;

(b) Whether the proposed changes alter the purpose of or need for the project;

(c) The availability of funding from sources other than the State Highway Fund for a public access site near the project;

(d) The likelihood and type of any potential public use of a public access site near the project;

(e) Any impacts associated with siting public access near the project; and

(f) Any impacts on traffic, roadways or highway safety from siting public access near the project.

(5) To the greatest extent practicable, when constructing a project, the Department of Transportation may not adversely impact existing, lawful public access. [2019 c.409 § 2]

[1975 c.768 § 4; 1977 c.891 § 7; renumbered 410.330]

(Small Business Development Program)