Nebraska Administrative Code › Topic - TRANSPORTATION, DEPARTMENT OF › Title 428 - BOARD OF PUBLIC ROADS CLASSIFICATIONS AND STANDARDS › Chapter 2 - Procedures for Standards › Section 428-2-004 - RELAXATION OF STANDARDS - STATE HIGHWAY, COUNTY ROAD, AND MUNICIPAL STREET SYSTEMS

Current through June 17, 2024
004.01 Whenever the application of standards
  of design, construction, or maintenance, as promulgated by the Board of Public
  Roads Classifications and Standards, works a special hardship on any segment of
  highway, road, or street, a county or municipality may request that the Board
  relax the standards for such segment
004.01A
  All requests for relaxation of standards must be in writing and must be filed
  with the Secretary for the Board. All requests for relaxation of standards for
  federally funded projects are required to be reviewed by NDOR prior to filing
  with the Secretary for the Board.
All county requests for relaxation of standards must be made by the
	 County Highway Superintendent for that county, or in counties lacking such
	 officer, by the person responsible for the county highway program. All
	 municipal requests for relaxation of standards must be made by the City Street
	 Superintendent for that municipality, or in municipalities lacking such
	 officer, by the person responsible for the municipal street program. In the
	 case of multiple entities, each entity must sign and file a resolution of
	 adoption, and there must be a written request from each entity's superintendent
	 (or in entities lacking such officer, the person responsible for the highway,
	 road or street program). Additionally, whenever the application of standards of
	 design, construction, or maintenance would defeat the purpose of the
	 Scenic-Recreation functional classification, a county, municipality or other
	 interested party may request that the Board relax the standards for such
	 segment.
There must be compelling and demonstrated reasons why standard values
	 should not be used. All requests shall specify in detail what peculiar, special
	 or unique situations would make the application of the standards not feasible.
	 Analysis should include consideration of adjacent roadway sections therefore
	 the relaxation of standards request may need to include sub-standard conditions
	 beyond construction limits.
Documentation for county road and municipal street relaxation of
	 standards shall describe and explain the conditions that preclude conformance
	 to the applicable design standard, including but not limited to the
	 following:
004.01A1 One (1) copy of
  the Resolution of Adoption signed by the proper officials.
004.01A2 One (1) copy of a completed NBCS
  Form 7 One- and Six-Year Plan Highway or Street Improvement Project, from the
  current One- and Six-Year Plan, or NBCS Form 10 Notification of Revision of
  One-Year Plan, if the work is being added to the One-Year Plan.
004.01A3 Project identifiers on
  documentation, including federal-aid project numbers and control numbers for
  federally funded projects, and structure numbers.
004.01A4 For federal-aid projects,
  documentation of approval by NDOR.
004.01A5 One (1) copy of proposed
  construction plan sheets which are pertinent to the request.
004.01A6 A map, aerial photograph or
  topographic map showing the location and area of the work.
004.01A7 Identification of the applicable
  standards (Rural Area, Urban Area, etc.), State and National functional
  classifications, and type of work (New, Reconstructed and/or 3R).
004.01A8 Applicable State and National
  functional classification maps.
004.01A9 Design data (current and design
  traffic volumes, design speed, posted speed, percent of heavy trucks, hydraulic
  study if applicable, geometrics, and other such pertinent information).
004.01A10 The required standard
  value and the proposed value of the design feature shall be clearly
  stated.
004.01A11 Effect on the
  safety and operation of the facility, and its compatibility with adjacent
  sections of the road or street. The overall safety of the road or street should
  not be degraded.
004.01A12
  Sufficient crash history analysis should include the crash rate and/or history
  of the project to comparable routes, identifying crash types and crash trends
  within the project limits, and locations for potential safety
  improvements.
004.01A13 A detailed
  cost analysis of attaining full standards versus the requested alternative or
  alternatives must be quantified.
004.01A14 Features (improved roadway
  geometry, signing, delineation, roadside safety, etc.) added to mitigate the
  effects of not meeting minimum design standards.
004.01A15 Future improvements or work that
  will correct the substandard design feature, including project number (if
  available) and anticipated or estimated construction dates.
004.01A16 Environmental impacts including
  scenic, historic and other environmental features, if full standards cannot be
  achieved due to environmental implications.
004.01A17 Other factors that could affect the
  decision: for example, proposed development in the project area or local
  concerns may be issues to be addressed.
004.01A18 Attachments shall include the
  existing typical section and the proposed typical section.