[§264-18] Use of highway fund for bikeways. (a) Out of the state highway fund reasonable amounts shall be expended as necessary by the State for the establishment of bikeways. Bikeways shall be established, whenever practicable, wherever a highway, road, or street is being constructed, reconstructed, relocated, or rehabilitated.
(b) Bikeways are not required to be established under subsection (a):
(1) Where the establishment of the lanes, paths, routes, and ways would be contrary to public safety; or
(2) If the cost of establishing the lanes, paths, routes, and ways would be excessively disproportionate to the need or probable use; or
(3) Where low population density, other available ways, or other factors indicate an absence of any need for the lanes, paths, routes, and ways.
(c) The department of transportation, when requested, shall provide technical assistance and advice to counties in carrying out the purpose of this section. The department of transportation shall recommend construction standards for bikeways. The department of transportation, in the manner prescribed for marking highways under section 264-25, shall provide a uniform system of marking and signing such lanes, paths, routes, and ways which shall apply to lanes, paths, routes, and ways under the jurisdiction of the department of transportation and the counties. Notwithstanding any provision to the contrary, the department of transportation and the counties may restrict the use of the lanes, paths, routes, and ways to pedestrians and non-motorized vehicles.
(d) As used in this section, the term "bikeway" shall have the same meaning as in section 291C-1.
(e) The department of transportation shall report annually to the legislature before the convening of each regular session as to bikeway expenditures and current projects. [L 1995, c 222, §2]