Companion Guide to Video August 2012

www.fhwa.dot.gov/federal-aidessentials

Project Development

Design

Pedestrian Accessible Design 

Requirements

Federal law requires all new construction and alterations of 

existing facilities to be made accessible to people with disabilities

Many of us take for granted how easy it is to 

leave home to go to the park, the doctor's office, 

school, or work, the everyday activities of our 

lives. We seldom pay much attention to the 

sidewalks within the public right of way that we 

use to get around. However, people with 

disabilities may find these very same sidewalks 

barriers that take away their travel options. 

These barriers make it 

difficult or even 

impossible to go where 

they want to go, to do 

what they need to do. 

This is one reason why 

Federal laws were created, to help people with 

disabilities exercise their right to participate in the 

activities of daily life. The Americans with 

Disabilities Act, which is commonly referred to as 

the ADA, and Section 504 of the Rehabilitation 

Act, simply known as Section 504, are the 

Federal laws designed to prevent discrimination 

against people with disabilities. 

To prevent this from happening, we want to 

provide you with some important information 

about accessible design requirements on 

Federal-aid projects. We will define what 

accessibility means, describe basic accessibility 

standards, and provide recommendations for how 

to comply with these two Federal laws. 

The ADA and Section 

504 govern the design of 

pedestrian facilities such 

as sidewalks and curb

ramps within the public 

right-of-way to ensure all users have access. To 

comply with these laws, every Federal-aid project 

that either alters existing or constructs new 

pedestrian facilities must be designed and 

constructed so that these facilities are accessible 

to people with disabilities. Designs for your local 

construction projects must consider the impact on 

the pedestrian facilities that will be affected by the 

proposed construction. The ADA does not require 

agencies to construct new pedestrian facilities, 

but if they do, those facilities must be accessible 

to all pedestrians. 

To provide access to all persons, design the 

pedestrian facilities on your projects in 

accordance with the guidelines developed by the 

United States Access Board. The U.S. 

Department of Transportation or U.S. DOT has 

adopted, with modifications, the U.S. Access 

Board's 2004 Americans with Disabilities Act 

Accessibility Guidelines, or ADAAG, as the 

standard for all Federal-aid projects. These 

requirements address details such as the width 

and slope of sidewalks and transitions between 

crosswalks and sidewalks. 

Section 504 regulations specifically require the 

installation of detectable warnings. Detectable 

warnings are installed to help people with visual 

disabilities recognize when they are leaving the 

sidewalk and crossing a road or busy driveway. 

The requirement for 

installing detectable 

warnings is the 

modification to the 2004
Federal-aid Essentials for Local Public Agencies

ADAAG adopted by the U.S. DOT. 

The 2004 ADAAG was originally written 

specifically for site and building construction. 

However, it also provides design standards for 

sidewalks and curb ramps. These standards are 

used as minimum deciding requirements for 

Federal-aid highway projects. Since the ADAAG 

does not address some aspects of pedestrian 

facilities within the public right of way, agencies 

should develop a reasonable policy and 

consistently apply it. 

The absence of a standard does not relieve 

agencies of their responsibility for accessible 

design. The Access Board is finalizing the Public 

Rights-of-Way Accessibility Guidelines, or the 

PROWAG, which was created specifically for the 

pedestrian environment. To achieve accessible 

design, agencies may use any draft version of 

the PROWAG as a best practice. But they are 

not required to do so until it has been finalized 

by the Access Board and adopted either by the 

U.S. Department of Justice, or the U.S. DOT. 

Accessible design requirements not only apply 

to new construction or reconstruction projects, 

but also apply if your project is considered an 

alteration. Types of projects that may be 

considered alterations include resurfacing, road 

widening, or even traffic signal improvements. A 

project that impacts curb cuts, median strips, 

ramps, sidewalks, pedestrian crosswalks, or 

parking spaces also may be considered an 

alteration. 

For example, the scope of many Federal-aid 

highway projects is limited to the resurfacing of 

the road without affecting anything beyond the 

curb. However, this type of project affects the 

pedestrian crosswalks that connect adjacent 

sidewalks if they exist. Projects such as these 

are often considered an alteration, which 

triggers the 

requirement to 

bring any deficient 

curb ramps up to 

standard. The 

definition of what 

an alteration is 

may vary from 

location to location, depending on local estate 

policies and court rulings. 

Many simple resurfacing or pavement 

preservation projects will be considered 

alterations. If it is a Federal-aid project and the 

appropriate accessible sidewalk or curb ramp 

improvements aren't included, Federal 

requirements won't allow the project to proceed 

to construction. This can be resolved by 

incorporating accessible pedestrian features in 

the project scope and design to achieve 

compliance with accessible design 

requirements. Doing this helps eliminate barriers 

for people with disabilities. 

By law, your 

Federal-aid project 

must be made ADA 

compliant as long 

as it is considered 

feasible from an 

engineering 

perspective, no matter how large or small the 

cost. If you encounter a challenging situation 

during the design of your Federal-aid highway 

project and conclude you cannot apply these 

standards reach out to your State DOT for 

assistance as early as possible. There are 

examples of local agencies having to remove 

and replace newly constructed pedestrian 

facilities or even being sued because they did 

not comply with the ADA. So consider these 

choices carefully. 

Finally your project plans must describe how the 

2004 ADAAG, coupled with the U.S. DOT 

modification standard will be met during 

construction. When you request authorization to

advance your federal aid project to construction, 

the project plans will be reviewed to ensure 

accessible design features are incorporated to 

the maximum extent technically feasible. Making 

sure the project design requirements are clearly 

indicated as being ADA specific will help to 

avoid problems with this review. 

Incorporating accessible design features in your 

Federal-aid projects helps ensure everyone, 

including individuals with disabilities, can 

participate in all facets of society. Considering 

these guidelines can go a long way in helping 

you and your agency get projects authorized 

and funded. 
Federal-aid Essentials for Local Public Agencies

The content of this 

document is not a 

substitute for 

information obtained 

from State departments 

of transportation, 

appropriate FHWA 

Division Offices, and 

applicable laws. 

Scenarios have been 

simplified for emphasis 

and do not necessarily 

reflect the actual range of 

requirements applicable 

to the scenario or this 

topic. This document

was created under 

contract number LI 

DTFH63-11-F-00066 by 

the Federal Highway 

Administration, U.S. 

Department of 

Transportation, and is 

offered to the public to 

heighten and focus 

awareness of Federal-aid

requirements within the 

local public agencies 

community and 

reinforces the 

importance of these 

necessary policies, 

procedures, and 

practices.

This companion resource 

is the script content for 

the video production of 

the same name. 

Additional Resources

• Link to key information on the ADA program

http://www.fhwa.dot.gov/civilrights/programs/ada.htm

• A link to FHWA’s accessibility resource library

http://www.fhwa.dot.gov/accessibility/

• Federal regulations on accessibility of transportation facilities

http://www.ecfr.gov/cgibin/retrieveECFR?gp=&SID=2cc7137359a0b36b9d1d73ca56983eb9&r

=PART&n=49y1.0.1.1.27

• Information on accessible public rights of way

http://www.access-board.gov/prowac/index.htm

• Proposed Federal guidelines for accessible design

http://www.access-board.gov/prowac/nprm.pdf