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Maryland Department of Transportation
State Highway Administration
Accessibility Policy & Guidelines for
Pedestrian Facilities along State Highways
December 2005

Design Waiver Process

  1. The Lead Project Manager/Division Chief determines that full ADA compliance cannot be provided within the scope of the Level 2 or Level 3 project (with input from all support divisions).
  2. The Lead Project Manager/Division Chief reviews the project with SHA’s ADA Compliance Coordinator.
  3. If SHA’s ADA Compliance Coordinator agrees that full ADA compliance can not be reasonably provided, the Lead Project Manager will then make a formal request in writing to the Director of the Office of Highway Development for consideration. The formal waiver request should include at minimum the following information:
    • Project description and typical sections (existing and proposed);
    • Length/Scope/Cost of the project;
    • Description of design required to meet full ADA compliance;
    • Description of existing non-compliance;
    • To what degree will compliance be met if granted a waiver?
    • Reason(s) for non-feasibility of meeting ADA and waiver request:

    • ex. lack of right of way;
      ex. delay to project schedule due to right of way negotiations;
      ex. additional utility relocations;
      ex. impacts to existing structures;
      ex. impacts to environmental or historical sensitive areas;
    • Accident data for the project area including accident data involving pedestrians;
    • Existing and proposed posted speed limit;
    • Percentage of truck traffic;
    • Does lighting exist or will it be included in the project;
    • Are there existing or proposed major pedestrian destinations or generators;
    • Is there evidence of existing pedestrian traffic in the general area?
  4. If the Director agrees that full ADA compliance can not be included in the project, a waiver will be granted. If the Director does not agree, the Lead Project Manager will modify the project to include full compliance or a partial compliance alternate suggested by the Director. If the Lead Project Manager’s Senior Manager disagrees with the Director’s finding, the Director may recommend a presentation to SHA’s Fast Response Action Team (FRAT).
  5. Upon the recommendation of the Director, a presentation will be made to FRAT. The decision by FRAT will be final.

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Revised: June 18, 2008