DOT 23 CFR PART 752-2011 LANDSCAPE AND ROADSIDE DEVELOPMENT.pdf

1、411 Federal Highway Administration, DOT 752.1 and that the junk has been screened, relocated, removed or disposed of in ac-cordance with the provisions of this part. (d) If a dwelling has been acquired by condemnation, evidence that the costs involved are not included in the States claim for partici

2、pation. 40 FR 8551, Feb. 28, 1975; 40 FR 12260, Mar. 18, 1975 751.21 Relocation assistance. Relocation assistance benefits pursu-ant to 49 CFR part 24 are available for: (a) The actual reasonable moving ex-penses of the junk, actual direct loss of tangible personal property and actual reasonable exp

3、enses in searching for a replacement business or, if the eligi-bility requirements are met, a payment in lieu of such expenses. (b) Relocation assistance in locating a replacement business. (c) Moving costs of personal property from a dwelling and relocation assist-ance in locating a replacement dwe

4、ll-ing, provided the acquisition of the real property used for the business causes a person to vacate a dwelling. (d) Replacement housing payments if the acquisition of the dwelling is found by FHWA to be necessary for the feder-ally assisted junkyard control project. 40 FR 8551, Feb. 28, 1975, as a

5、mended at 50 FR 34094, Aug. 23, 1985; 54 FR 47076, Nov. 9, 1989 751.23 Concurrent junkyard control and right-of-way projects. The State is encouraged to coordi-nate junkyard control and highway right-of-way projects. Expenses in-curred in furtherance of concurrent projects shall be prorated between

6、projects. 751.25 Programming and authoriza-tion. (a) Junkyard control projects shall be programmed in accordance with the provisions of part 630, subpart A of this chapter. Such projects may include one or more junkyards. (b) Authorization to proceed with a junkyard control project may be given when

7、 the State submits a written re-quest to FHWA which includes the fol-lowing: (1) The zoning and validation of the legal status of each junkyard on the project; (2) The control measures proposed for each junkyard including, where appli-cable, information relative to perma-nent disposal sites to be ac

8、quired by the State; (3) The real property interest to be acquired in order to implement the control measures; (4) Plans or graphic displays indi-cating the location of the junkyard rel-ative to the highway, the 1,000 foot control lines, property ownership boundaries, the general location of the jun

9、k or scrap material, and any build-ings, structures, or improvement in-volved; and (5) Where screening is to be utilized, the type of screening, and adequately detailed plans and cross sections, or other adequate graphic displays which illustrate the relationship of the mo-torist, the screen, and th

10、e material to be screened at critical points of view. 40 FR 8551, Feb. 28, 1975, as amended at 41 FR 9321, Mar. 4, 1976 PART 752LANDSCAPE AND ROADSIDE DEVELOPMENT Sec. 752.1 Purpose. 752.2 Policy. 752.3 Definitions. 752.4 Landscape development. 752.5 Safety rest areas. 752.6 Scenic overlooks. 752.7

11、Information centers and systems. 752.8 Privately operated information cen-ters and systems. 752.9 Scenic lands. 752.10 Abandoned vehicles. 752.11 Federal participation. AUTHORITY: 23 U.S.C. 131, 315, 319; 42 U.S.C. 4321 et seq.; 49 CFR 1.48(b), unless otherwise noted. SOURCE: 43 FR 19390, May 5, 197

12、8, unless otherwise noted. 752.1 Purpose. The purpose of this part is to furnish guidelines and prescribe policies re-garding landscaping and scenic en-hancement programs, safety rest areas, and scenic overlooks under 23 U.S.C. 319; information centers and systems VerDate Mar2010 09:39 May 11, 2011

13、Jkt 223076 PO 00000 Frm 00421 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-412 23 CFR Ch. I (4111 Edition) 752.2 under 23 U.S.C. 131(i); and vending ma-chines in safety re

14、st areas under 23 U.S.C. 111. 48 FR 38610, Aug. 25, 1983 752.2 Policy. (a) Highway esthetics is a most im-portant consideration in the Federal- aid highway program. Highways must not only blend with our natural social, and cultural environment, but also pro-vide pleasure and satisfaction in their us

15、e. (b) The FHWA will cooperate with State and local agencies and organiza-tions to provide opportunities for the display of original works of art within the highway rights-of-way. (c) The development of the roadside to include landscape development, safe-ty rest areas, and the preservation of valuab

16、le adjacent scenic lands is a nec-essary component of highway develop-ment. Planning and development of the roadside should be concurrent with or closely follow that of the highway. Further, the development of travel in-formation centers and systems is en-couraged as an effective method of pro-vidin

17、g necessary information to the traveling public. 752.3 Definitions. (a) Safety rest area. A roadside facility safely removed from the traveled way with parking and such facilities for the motorist deemed necessary for his rest, relaxation, comfort and information needs. The term is synonymous with r

18、est and recreation areas. (b) Scenic overlook. A roadside im-provement for parking and other facili-ties to provide the motorist with a safe opportunity to stop and enjoy a view. (c) Information centers. Facilities lo-cated at safety rest areas which pro-vide information of interest to the traveling

19、 public. (d) Information systems. Facilities lo-cated within the right-of-way which provide information of interest to the traveling public. An information sys-tem is not a sign, display or device oth-erwise permitted under 23 U.S.C. 131 or prohibited by any local, State or Fed-eral law or regulatio

20、n. (e) Landscape project. Any action taken as part of a highway construc-tion project or as a separate action to enhance the esthetics of a highway through the placement of plant mate-rials consistent with a landscape de-sign plan. Seeding undertaken for ero-sion control and planting vegetation for

21、screening purposes shall not con-stitute a landscaping project. 43 FR 19390, May 5, 1978, as amended at 52 FR 34638, Sept. 14, 1987 752.4 Landscape development. (a) Landscape development, which in-cludes landscaping projects and other highway planting programs within the right-of-way of all federall

22、y funded highways or on adjoining scenic lands, shall be in general comformity with ac-cepted concepts and principles of high-way landscaping and environmental de-sign. (b) Landscape development should have provisions for plant establishment periods of a duration sufficient for ex-pected survival in

23、 the highway envi-ronment. Normal 1-year plant estab-lishment periods may be extended to 3- year periods where survival is consid-ered essential to their function, such as junkyard screening or urban land-scaping projects. (c) In urban areas new and major re-constructed highways and completed Inters

24、tate and expressway sections are to be landscaped as appropriate for the adjacent existing or planned environ-ment. (d) In rural areas new and major re-constructed highways should be landscaped as appropriate for the adja-cent environment. Planning should in-clude the opportunity for natural re-gene

25、ration of native growth and the management of that growth. (e) Landscaping projects shall in-clude the planting of native wildflower seeds or seedlings or both, unless a waiver is granted as provided in 752.11(b). 43 FR 19390, May 5, 1978, as amended at 52 FR 34638, Sept. 14, 1987 752.5 Safety rest

26、areas. (a) Safety rest areas should provide facilities reasonably necessary for the comfort, convenience, relaxation, and information needs of the motorist. Caretakers quarters may be provided in conjunction with a safety rest area VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00422 Fmt

27、 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-413 Federal Highway Administration, DOT 752.8 at such locations where accommoda-tions are deemed necessary. All facili-ties withi

28、n the rest area are to provide full consideration and accommodation for the handicapped. (b) The State may permit the place-ment of vending machines in existing or new safety rest areas located on the rights-of-way of the Interstate system for the purpose of dispensing such food, drink, or other art

29、icles as the State de-termines are appropriate and desirable, except that the dispensing by any means, of petroleum products or motor vehicle replacement parts shall not be allowed. Such vending machines shall be operated by the State. (c) The State may operate the vend-ing machines directly or may

30、contract with a vendor for the installation, op-eration, and maintenance of the vend-ing machines. In permitting the place-ment of vending machines the State shall give priority to vending machines which are operated through the State licensing agency designated pursuant to section 2(a)(5) of the Ra

31、ndolph- Sheppard Act, U.S.C. 107(a)(5). (d) Access from the safety rest areas to adjacent publicly owned conserva-tion and recreation areas may be per-mitted if access to these areas is only available through the rest area and if these areas or their usage does not ad-versely affect the facilities o

32、f the safe-ty rest area. (e) The scenic quality of the site, its accessibility and adaptability, and the availability of utilities are the prime considerations in the selection of rest area sites. A statewide safety rest area system plan should be maintained. This plan should include development pri

33、orities to ensure safety rest areas will be constructed first at locations most needed by the motorist. Proposals for safety rest areas or similar facili-ties on Federal-aid highways in subur-ban or urban areas shall be special case and must be fully justified before being authorized by the FHWA Reg

34、ional Ad-ministrator. (f) Facilities within newly con-structed safety rest areas should meet the forecast needs of the design year. Expansion and modernization of older existing rest areas that do not provide adequate service should be considered. (g) No charge to the public may be made for goods an

35、d services at safety rest areas except for telephone and ar-ticles dispensed by vending machines. 43 FR 19390, May 5, 1978, as amended at 48 FR 38611, Aug. 25, 1983 752.6 Scenic overlooks. Scenic overlooks shall be located and designed as appropriate to the site and the scenic view with consideratio

36、n for safety, access, and convenience of the motorist. Scenic overlooks may pro-vide facilities equivalent to those pro-vided in safety rest area. 752.7 Information centers and sys-tems. (a) The State may establish at exist-ing or new safety rest areas informa-tion centers for the purpose of pro-vid

37、ing specific information to the mo-torist as to services, as to places of in-terest within the State and such other information as the State may consider desirable. (b) The State may construct and op-erate the facilities, may construct and lease the operation of information fa-cilities, or may lease

38、 the construction and operation of information facilities. (c) Where the information center or system includes an enclosed building, the identification of the operator and all advertising must be restricted to the interior of the building. Where a fa-cility is in the nature of a bulletin board or pa

39、rtial enclosure, none of the advertising, including the trade name, logo, or symbol of the operator shall be legible from the main traveled way. (d) Subject to FHWA approval, States may establish or permit information systems within the right-of-way of fed-erally funded highways which provide inform

40、ation of specific interest to the traveling public which do not visually intrude upon the main-traveled way of the highway in a manner violating 23 U.S.C. 131 and other applicable local, State, and Federal laws, rules, and reg-ulations. 752.8 Privately operated information centers and systems. (a) S

41、ubject to the FHWA Regional Administrators approval of the lease or agreement, the State may permit privately operated information centers VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot f

42、or ResaleNo reproduction or networking permitted without license from IHS-,-,-414 23 CFR Ch. I (4111 Edition) 752.9 and systems which conform with the standards of this directive. (b) There shall be no violation of con-trol of access, and no adverse effect on traffic in the main traveled way. (c) Th

43、e agreement between the State and the private operator shall provide that: (1) The State shall have title to the information center or system upon completion of construction or termi-nation of the lease. (2) Advertising must be limited to matters relating to and of interest to the traveling public.

44、(3) Equal access must be provided at reasonable rates to all advertisers con-sidered qualified by the State. (4) Forty percent or more of all dis-play areas and audible communications shall be devoted free of charge to pro-viding information to the traveling public and public service announce-ments.

45、 (5) No charge to the public may be made for goods or services except tele-phone and articles dispensed by vend-ing machines. (6) Nondiscrimination provisions must be included in accordance with the State assurance with regard to 42 U.S.C. 2000d2000d5 (Civil Rights Act of 1964). The private operator

46、 may not permit advertising from advertisers who do not provide their services with-out regard to race, color, or national origin. (7) The center or system shall be ade-quately maintained and kept clean and sanitary. (8) The State may promulgate rea-sonable rules and regulations on the conduct of th

47、e information center or system in the interests of the public. (9) The State may terminate the lease or agreement for violation of its terms or for other cause. 43 FR 19390, May 5, 1978, as amended at 48 FR 38611, Aug. 25, 1983 752.9 Scenic lands. (a) Acquisition of interests in and im-provement of

48、strips of land or water areas adjacent to Federal-aid highways may be made as necessary for restora-tion, preservation, and enhancement of scenic beauty. (b) Scenic strip interests may be ac-quired in urban or rural areas, com-bined in one or more projects, author-ized separately whether or not ther

49、e is or has been a Federal-aid project on the adjoining Federal-aid highway. (c) Approval of acquisition and devel-opment of scenic strips on completed Interstate should be conditioned on a showing that the acquisition of scenic strips was considered under the High-way Beautification Program for that particular section of Interstate. 752.10 Abandoned vehicles. (a) Abandoned motor vehicles may be removed from the right-of-way and from priv