Letter: MC 20-24: Montgomery County Project Approval

This Maryland bill would create a deadline for the State Highway Administration to approve project applications.

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MC 20-24 – Montgomery County – State Highways – Project Approval

Montgomery County Delegation

Washington Area Bicyclist Association – FAVORABLE WITH AMENDMENTS

November 27, 2023

Chairs Kramer and Palakovich Carr and Members of the Montgomery County Delegation,

The Washington Area Bicyclist Association (WABA), an advocacy organization with 1,200 Maryland members, supports bill MC 20-24 with amendments.

MC 20-24 would require the State Highway Administration to render a decision on a proposed highway construction project in Montgomery County within 30 days after the project application is complete, failing which, the Montgomery County Department of Transportation (MCDOT) may approve the project subject to available funding. In Maryland Code’s Transportation Article § 801-1(i)(1), “highway” is defined to include “bicycle and walking paths.”

This legislation addresses an actual need. I became aware of an onerous and cumbersome application-approval process, myself, earlier this year in conversations with MCDOT staff. I was told that SHA construction-project review routinely takes far longer than is reasonable and justifiable given the scope and complexity of project applications. I was told, further, that after MCDOT responds to the SHA’s review points, second-round review may be assigned to a staffer other than the one who conducted the first-round review, and that person may open new issues.

We suggest amending MC 20-24 to disallow identification of new issues in a second-round review.

Regarding MDOT SHA strictures applied to local projects: We also suggest reform to allow a locality to apply directly to the federal government for experimental roadway treatments, with flashing yellow arrows as an example, and elimination of the restrictive Maryland supplement to the FHWA Manual on Uniform Traffic Control Devices (MUTCD). Finally, a holistic process for review of stormwater management for bicycle/pedestrian/transit projects in built environments should be mandated, recognizing that stormwater handling may be addressed area-wide.

These additional reforms would facilitate design and construction of projects that would boost multi-modal transportation options and road safety. WABA therefore recommends you advance MC 20-24 with amendments although we do recognize these amendments would greatly expand the scope of the bill before you.

Thank you for the opportunity to testify on this legislation.

Seth Grimes, WABA Maryland organizer

seth.grimes@waba.org

More about Maryland Legislation

WABA develops and advocates for state legislation to make bicycling in Maryland safer and more accessible and for state funding to expand Maryland’s bicycle network, working directly with legislators and Maryland Dept. of Transportation (MDOT) leadership and as part of the Bike Maryland coalition. We also work on broader road-safety, transit, and environmental legislation and funding, typically as part of larger statewide coalitions. The annual Maryland legislative session runs from January to April, but our work developing legislation starts the preceding summer.

We’re thrilled that several bills we worked on or supported were enacted in 2024, directing an MDOT Vision Zero Coordinator and public review process; the Better Bus Service Act, allowing bus-lane enforcement cameras (with bikes allowed); authorizing stop-sign cameras near schools in Prince George's County; and the Sarah Debbink Langenkamp Memorial Act, addressing penalties for hitting a cyclist in a bike lane.

Our 2024 advocacy included unsuccessful efforts that we will likely pursue in future years. (It often takes years to pass a bill. ) These include a Great Maryland Trails Act, an E-bike Rebate and Voucher Program bill, and a bill addressing maintenance responsibility for sidewalks and bike paths along state roads. Another topic on our list for 2025 is contributory negligence, a prejudicial statute that says that if a crash victim is even only 1% at fault, then they are liable and may not recover (full) costs and damages from the party largely at fault.

More about Laws & Policy

WABA works with grassroots advocates at the local, county and state level to support laws and policies that make it easier and safer to walk, bike, and take transit. And we work to changes ones that make biking less safe, make it harder to build bike infrastructure, or that deprioritize the safety and convenience of people walking, biking, or taking transit.

In practice that means advocating for robust and transformative Vision Zero programs, enforceable Complete Streets policies, and funding for new infrastructure that supports biking, walking and transit.

Other regional legislative priorities include:

Reforming Contributory Negligence (passed in DC, in the works in Maryland and Virginia).
Getting rid of the Level of Service engineering standards in transportation decision-making.
Funding E-bike purchase rebates.

More about Advocacy

WABA fights for a region where biking, walking and transit are the best ways to get around.

We educate policymakers and organize grassroots advocates for to speak up for safer places to bike and walk; and for laws and policies that protect people who are walking and biking, reduce dangerous driving, and facilitate changes to the built environment.