In February 2013, the Board release for public comment a notice to broaden its rulemaking on public rights-of-way to encompass shared use paths used by pedestrians, bicyclists, and others for transportation or recreation.  This proposal would supplement the guidelines being developing for public rights-of-way by applying relevant provisions to shared use paths as well.  It also would add new provisions tailored to shared use paths that cover grade, cross slope, surfaces, and protruding objects.

This proposal incorporates comments from the public received in response to an earlier advance notice on this effort. 


Advance and Supplemental Rulemaking Notices

The proposed supplemental provisions on shared use paths are further described in a published notice which includes instructions for submitting comment. The deadline for comments is May 14, 2013.



  • March 28, 2011 - Board issues advance notice of proposed rulemaking for public comment
  • June 27, 2011 - Deadline for comments on the advance notice
  • February 13, 2013 – Board issues notice to supplement its rulemaking on public rights-of-way to address shared use paths
  • May 14, 2013 – Deadline for comments on the supplemental notice of proposed rulemaking