Corridor Protection through NEPA
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 132, Issue 2
Abstract
The addition of interchanges, traffic signals, or unsignalized driveways to an arterial corridor increases crash risk and decreases travel speeds. As adjacent vacant land is developed, however, private landowners often desire direct access to the arterial route. Because the Virginia Department of Transportation has the authority to allow direct access provided no immediate adverse impact would occur, arterials in high-growth areas tend to have an increasing number of intersections as demands for direct access grow. This study investigated the feasibility of using the provisions of the National Environmental Policy Act (NEPA) to limit corridor access (e.g., grade-separated interchanges or at-grade intersections) through four administrative mechanisms: (1) including the limited access requirement as a condition in the record of decision; (2) effecting a contract (the Federal-Aid Project Agreement) that stipulates limiting access as a requirement; (3) implementing a supplemental agreement between interested parties that indicates how the character of the corridor shall be maintained; and (4) documenting the corridor-preservation conditions that remove the requirement of an Environmental Impact Statement. Factors that limit the effectiveness of these mechanisms include (1) the source of funds for the project; (2) the extent to which environmental concerns remain constant after the NEPA process is concluded; (3) the willingness of agencies to exercise the authority they are accorded through NEPA-related agreements; and (4) the passage of congressional legislation that enhances or restricts the scope of NEPA. Case studies of projects in Virginia where the NEPA process has helped preserve the characteristics of corridors show that the process may serve to raise barriers to adding access points but does not guarantee that access points may never be added.
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Acknowledgments
The writers thank the individuals who contributed time, energy, and inspiration to this work. J. C. Southard suggested the original idea behind this paper—that of using NEPA as a corridor preservation instrument—and provided review comments throughout the project. W. S. Ferguson provided insights, M. F. Kirkland and K. J. Peters provided additional legal research, and L. D. Evans provided essential editing.
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Information & Authors
Information
Published In
Journal of Professional Issues in Engineering Education and Practice
Volume 132 • Issue 2 • April 2006
Pages: 158 - 167
Copyright
© 2006 ASCE.
History
Received: Jul 19, 2005
Accepted: Oct 1, 2005
Published online: Apr 1, 2006
Published in print: Apr 2006
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