Date: June 23, 2016
Section 1423 of the Fixing America’s Surface Transportation Act (FAST Act) allows a State transportation agency to relinquish park-and-ride lot facilities (or portions thereof) to a local government agency for highway purposes if authorized to do so under State law. However, the rights-of-way on the Interstate System must remain available for future highway improvements and any changes to the park-and-ride lot facilities that could impair the highway or interfere with the free and safe flow of traffic require FHWA approval.
Question 1: What does the term “for highway purposes” as it relates to park-and-ride lot facilities mean?
Answer: The term “for highway purposes” means that the use of the relinquished park-and-ride lot facility is for an eligible activity under title 23, United States Code.
Question 2: What laws and regulations pertain to the relinquishment of park-and-ride lot facilities?
Answer: The laws and regulations that pertain to the relinquishment of such facilities include:
Question 3: What is the process for relinquishment of park-and-ride lot facilities?
Answer: The State Department of Transportation (SDOT) may relinquish a park-and-ride lot facility to a local government agency in accordance with the procedures set forth at 23 CFR 620.203(f), (i), and (j). The SDOT process for relinquishment must be documented in its State DOT Right-of-Way procedural manual in accordance with 23 CFR 710.401.
Question 4: If a local government agency is interested in requesting the relinquishment of a park-and-ride lot facility, who should it contact?
Answer: The local government agency should submit its proposal to its respective SDOT for review. If the SDOT approves a proposal for an Interstate System rights-of-way, the SDOT will submit the proposal package to the FHWA Division Administrator for review and concurrence; if the SDOT approves a proposal for a non-Interstate System rights-of-way, the SDOT will follow the requirements of its oversight and stewardship agreement.
Question 5: Are there prohibited uses of the park-and-ride lot facilities?
Answer: Yes, there are some prohibited uses such as:
Question 6: Can a contractor operate a park-and-ride lot facility?
Answer: Yes, the local government agency may allow a contractor to manage the park-and-ride lot facility with FHWA’s permission. The contractor may charge a fee for public use of the park-and-ride facility; however the fee charged cannot exceed that required for the parking lot’s reasonable maintenance and operation. 23 CFR 810.106(a)(4).