Policy

Safety, liability and resiliency concerns drive many of the actions, activities and management decisions for all roads in the United States. The federal, tribal, state or local government that owns the road not only has a public duty to make the road as safe as possible, but also carries the legal responsibility (liability) for maintaining a safe road and, increasingly, is making decisions based on anticipated infrastructure needs for climate change.

Safety goals and expectations continue to change and evolve with technology and driver behavior. With few exceptions, historic roads, regardless of an illustrious past, must meet many of the expectations and obligations of the modern highway network. While a historic road may have been a safety innovator and model fifty years ago, it is likely that new safety regulations, liability and resiliency concerns will govern its management today. There exist, however, innovative safety options and strategies that can enhance a historic road’s safety while also respecting preservation goals. Some solutions may be simple—the redesign of a cast iron lamp post in a light-weight steel that offers a break-away feature should it be struck by an errant automobile. Others may be more involved (and expensive), such as the placement of a concrete core inside a historic stone wall to meet modern crash standards. Still others may involve cutting edge technology and creativity such as intelligent transportation systems, speed management or traffic calming. It is essential to assess the current safety, liability and resiliency status of a historic road in order to advocate for or implement alternate methods and solutions more appropriate for a historic road. When identifying issues of safety and liability concerning a historic road, it is helpful to identify the following:

MANAGING AGENCY: Almost every road in the United States is owned and managed by the federal, tribal, state or local government. In a few rare instances a road may be privately owned and managed. Ownership impacts virtually every decision from physical features, funding and maintenance, to the ethic a particular organization may have toward historic preservation. The managing agency (often a state or tribal transportation department, or local department of public works) will have information on future plans and activities for roads under their jurisdiction.

FUNCTIONAL CLASSIFICATION: All roads in the United States are identified by a “functional classification” characterizing the road’s use. Functional classification is the basis from which most management decisions, design requirements and safety policies arise. Functional classifications are: freeway, arterial, collector and local.

LAND USE: Land use planning policy (zoning, master plans, comprehensive plans), perhaps seemingly unrelated, can have a significant impact on historic roads. Plans that allow for or encourage suburban sprawl can put unexpected pressures on historic roads as populations grow and transportation patterns adjust to new destinations. Conversely, plans that encourage agricultural preservation or smart growth may, by default, preserve the character of historic roads by working to maintain a service level that allows the road to continue functioning safely.

RESILIENCY AND CLIMATE CHANGE: Specific regional concerns such as avalanche, frost heave, flood, hurricane, tsunami or earthquake may place special burdens on historic roads not considered originally and exacerbated by climate change. Historic bridges and culverts, considered safe by modern safety and engineering standards, may not offer sufficient clearance or capacity for high volume storms. Increasing wind or ice events may threaten historic trees now identified as hazards, and historic views along tidal waterways may be compromised by the construction of new storm barriers. As the managers of historic roads assess the resource and prepare plans to accommodate climate change, make sure historic features, materials and landscape relationships are proactively considered and addressed as a part of the planning strategy.

LIABILITY LAWS: Liability concerns are based in safety considerations, but are the direct result of public policy and law. What is the risk the road owner (managing agency) carries? Will the state, tribal or local government managing a historic road carry a burdensome risk, or be accused of negligence should an accident, injury or fatality occur along the road? Every locale’s laws vary.