C-number: C-64-14-109-M
Item Text
52. DELEGATION OF AUTHORITY TO THE DIRECTOR OF TRANSPORTATION TO REQUEST ROADWAY ABANDONMENTS OF STATE ROUTES OR HIGHWAYS FROM ARIZONA DEPARTMENT OF TRANSPORTATION Authorize the Maricopa County Department of Transportation (MCDOT) Director/County Engineer to request abandonment of state routes or highways from the Arizona Department of Transportation (ADOT) to the County in accordance with Arizona Revised Statues (A.R.S.) Section 28-7209. Staff requests that the Board of Supervisors allow the Maricopa County Department of Transportation (MCDOT) Director/County Engineer to act as their representative to request abandonment of portions of a state route or state highway pursuant to A.R.S. Section 28-7209. As the road system in Arizona grows and changes to meet land development demands and population growth, the functions of the roads must adapt to the needs. Conversely, local roads that primarily serve regional and statewide through trips or connect to state roadway facilities may be candidates for transfer to the state highway system. A transparent and cooperative process is needed to determine which agency is best suited to provide long-term ownership and management of the road. A.R.S. Section 28-304 authorizes the State Transportation Board to vacate or abandon a portion of a state route or state highway to a local jurisdiction, provided that, pursuant to A.R.S. Section 28-7209, four years advance notice is provided by the State to the local jurisdiction and the road surface is in such condition that surface treatment and major maintenance will not be required for five years. The statute allows for a waiver of the four year notice requirement if the State Transportation Board and the local jurisdiction both agree to the waiver. For transfers of roadways in unincorporated areas, the abandonment must be made by the state to the county. Sometimes, when a municipality expresses interest in annexing such a roadway, Maricopa County receives a request from the city or town asking that Maricopa County request a waiver of the 4-year advance notice requirement to ADOT so that the city or town can proceed to annex the roadway expeditiously. Imminent planned developments may make such expedited abandonments and annexations desirable. This requested action would allow the MCDOT Director/County Engineer to request waivers of the four year notice requirement for abandonment. This could facilitate cooperative transfers with municipalities as described above. Supervisory Districts: All (C-64-14-109-M-00)
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