Flathead Business & Industry AssociationAccess Management
And
CysanniPoh'Pape r
T r a n P l a n 21 - 2002 Update
State of Montana
Department of Transportation
.. ..... ........... ... .
RAN PLAN 21
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........ ... .. ....
Montana Department of Transportation
Access Management and Land Use Planning
Policy Paper
Table of Contents
■
1. Introduction ..........►► ...................►........... ►.............►.......................►.......................... 1
A. Current Land Use Planning Authority in Montana .................................... 1
B. 1995 TranPlan 21 Response to Land Use Planning Issues ....................... 3
C. Current Land Use Planning Activities Mn Montana .................................... 4
D. Current Access Management Practices in Montana ........... ........................ 5
E. Access ?Management Implementation .........................................................
F. Access Management Strategies and Mechanisms ...................................... 9
II. Access Management and Land Use Planning Issues.........................................12
A. Issues Raised by the Public .............................................. ........................ 12
B. Issues Raised by MDT Staff ............................................... .... ► ..... ... .... ► . ... 13
III. Policy Goals and Actions ............................................. ► . ► ......................... ► ........18
A. Access Management................................................................................. 18
B. Land Use Planning and Transportation .................................... ►............... 19
I■ . References.............►......►...........................a..........................►...........►.................22
Montana Department of Transportation - TranPlan 212002 Update
Access .Management and Land Use Planning Policy Paper
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L Introduction
Background on Current Land Use Planning and
Access Management for Transportation in Montana
■
This document is the TranPlan 212002 Update to the 1995 Access Management and Land Use
Planning Policy paper. This policy paper addresses access management and the broader issue of
the linkage between land use and transportation in Montana. For both areas, the paper describes
the conclusions from the original 1995 TranPlan 21, the issues addressed in the original policy
paper, current policies and practices, the major issues raised for this update, and the
recommended policy goals and actions that address these issues.
Access management and land use planning were subject to an in-depth treatment in 1995 because
Montanans raised many issues about the impact that development was having on the
transportation system and concern that MDT's decisions were making it more difficult for local
communities to manage growth. In 1995, strong sentiment was expressed in a number of
communities that MDT take a more active role incorporating land use in highway planning
decisions. Because MDT does not have the authority over land use, the 1995 policy paper
concluded that MDT should not adopt a more active role in land use planning. Instead, the paper
concluded that MDT has a strong policy interest in ensuring that the development review
decisions and the land use planning actions of local jurisdictions preserve the efficient and safe
function of Montana's transportation corridors. This policy interest was covered in the 1995
policy paper through actions concerning access management, and coordination with local
jurisdictions' planning activities. In addition, actions addressed developer responsibilities to
mitigate traffic impacts from major new developments.
The issues addressed in the original policy paper and the conclusions arrived at still hold for the
2002 TranPlan2l Update, The 2002 update paper is consistent with the findings and direction set
in 1995. Today, the imperative for implementing access management and corridor preservation,
and for establishing close coordination with Montana's local governments, is greater due to the
continued concentration of growth in Montana's most developed counties.
A. Current Land Use Planning Authority in Montana
Before discussing MDT's policy goals and actions related to access management and land
use planning, it is important to note that the State of Montana in general, and the Montana
Department of Transportation in particular, have no enabling legislative authority relative to
decisions over land use. Land use planning authority resides at the local level. Local
jurisdictions have the authority to address land use planning through. three authorities: 1) a
growth policy, 2) sub -division laws, and 3) zoning and permitting regulations. These
authorities are described below.
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1. Growth Policy
The Local Planning Enabling Act (76-1-101 through 76-1- 606, Montana Code
Annotated) enables local government to prepare a growth policy and sets out the
required procedures. If enacted., the growth policy must cover the entire jurisdiction
and address all aspects that affect the community's public facilities, transportation,
parks, recreation, economy, and housing. The planning jurisdiction may focus on
incorporated urban areas or may include the entire county.
2. Sub -Division Laws
Sub -division laws regulate the process of platting land into lots and providing public
facilities (roads, water, sewer, and storm drainage) to the lots. Before granting
approval, local governments must assess the anticipated needs of the proposed
subdivision for local services including roads and maintenance, and overall public
health and safety related to the development.
3. Zoning and Development Permitting
Zoning is a legal tool local governments use to protect public health, safety, and
welfare by dividing jurisdictions into use districts (zones), restrict various uses to
certain zones, and impose requirements that permitted uses must meet. In Montana,
three different statutes authorize local governments to enact zoning regulations;
however, zoning is not mandated.
Many planners and local officials in Montana have expressed interest in alternatives to
zoning for regulating land use. One alternative, using existing state enabling statutes,
involves development permit regulations, which affect the character and quality of
new development as opposed to zoning, which only affects the location. Development
permit regulations may be adopted under any of the three zoning enabling statutes.
Development permit regulations may be used to implement a jurisdiction's land use
plan and mitigates transportation impacts by having different requirements for
different areas in a county. For example, there could be more specific requirements to
manage growth in incorporated and unincorporated communities, and less restrictive
or specific standards in the rest of the county. Growth management has been a topic of
interest in recent years and usually means that a growth area is designated by a
boundary line, and within that growth area development at higher densities is
encouraged by various mechanisms such as providing infrastructure (roads, water,
sewer) to support this development. Montana's local governments have the authority
to establish goals for local growth.
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B. 1995 TranPlan 21 Response to Land Use Planning
Issues
In response to the access management and land use issues evaluated in the planning process,
the following overall policy goals and actions were adopted in the 1995 TranPlan 21
Access Management and Land Use Planning Policy Paper:
• MDT established a policy goal encouraging local jurisdictions to establish land use
planning and development permitting mechanisms that would enable local jurisdictions
to better manage the land use aspects of transportation/land use coordination.
Since TranPlan 21 was adopted in 1995, MDT and the planning officers in many of
Montana's cities and counties have developed a close working relationship in
reviewing proposed developments within the Systems Impact Action Process
(described later in this document) a development's impact on the safety and function
of the public roadway system may be mitigated either by conditions included in local
platting approvals or through approach permits issued by MIST --r depending on the
jurisdictional authority over the adjacent roadways. The close working relationship
between the MDT and local planning offices enables local governments to better
manage both land use and transportation. aspects of development. These reviews are
limited to site impacts.
Montana's urban areas, along with other areas that are under development pressures,
also receive support from MDT to develop transportation plans. The local government
offices manage these plans. Consequently, the urban area transportation plans are
consistent with local land use plans. However, many of Montana's local governments
are at a disadvantage because they lack resources to support local planning efforts.
The TranPlan 212002 Update retains the goal of encouraging local land use planning
with the additional specific focus of encouraging local jurisdictions to better support
MDT's corridor preservation objectives.
• MDT established a goal of working with local jurisdictions to require developers to
mitigate the roadway systems impacts resulting from large developments by
contributing to improvements required to accommodate travel demands.
This goal resulted in MDT establishing a defensible mechanism known as the Systems
Impact Action Process. The TranPlan 21 2002 Update refines this goal by focusing
the State's permitting authority and its working relationship with local government
decision makers.
• Potential policy goals and actions that would have increased MDT's direct activity in
the area of land use planning were not adopted
The TranPlan 212002 Update did not revisit these decisions because MDT is not the
appropriate agency for initiating or coordinating land use -related actions. Regardless
of the issue of authority, within the 1995 TranPlan 21 there was greater concern
expressed by the public over NMT's direct involvement in local land use planning. In
addition, during the development of projects, especially those that add capacity to the
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highway system, local governments normally advise and participate in project
planning including design elements that enhance local land use goals.
C. Current Land Use Planning Activities in Montana
I. Status of Land Use Planning in Montana
Land use planning is varied and inconsistent across Montana. During the 1.999
legislative session attempts were made to address these inconsistencies through new
legislation that requires local jurisdictions to develop growth policies. MCA 76-1-601
states that each planning board shall prepare and propose a growth policy for the entire
jurisdictional area. Growth policies are a comprehensive development plan or master
plan that must include certain components such as community goals and objectives,
projected trends for the life of the growth policy, and an implementation strategy. The
policy may also propose ordinances or resolutions for possible adoption by the
appropriate governing body.
2. Even with the new requirement to develop growth
policies, development and application of these growth
policies has Keen inconsistent. No state agency
oversees or regulates the creation of growth policies
and there has been some confusion regarding the
deadlines for adopting growth policies, coordination
of 'Transportation and Land Use Planning
The Transportation Efficiency Act for the Twenty -First Century (TEA-21) requires
state transportation agencies and metropolitan planning organizations (NWOs) to
consider projects and strategies that will; "support economic vitality," "increase
accessibility and mobility options," "protect and enhance the environment," "improve
quality of lire," and "enhance the integration of the transportation system." These
parallel considerations are commonly included in land use planning activities. TEA-21
eliminated any specific reference to state -level responsibility regarding land use
planning because states rarely have authority to directly mare land use decisions. At
this time, the Federal Regulations interpreting TEA-21 have not been finalized and the
Federal Highway Administration has issued guidance to states to follow the statutory
language of TEA-21. Consequently, while land use coordination is not a specific
requirement, the underlying goals of most land use plans have to be considered within
the parameters of the statewide plan.
Many regions of Montana lack current growth policies that can serve as a reference for
the statewide, policy level transportation plan. In practice, consistency between the
local land use plans and state transportation system development and management is
achieved through the Systems Impact :Process (described later in this document) for
large site developments. Local officials also assure consistency with their
jurisdiction's land use plans through the project nomination process for the Secondary
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and Urban Highway Programs, in which they act as the principal project originators. In
addition, local elected officials are directly involved through advisory and steering
committees in the project development process (especially for capacity expansion
projects) including all access management for individual projects.
In Montana's three metropolitan areas (Billings, Great Falls, and Missoula),
transportation planning is conducted in accordance with Section 134 of 23 USC,
which includes the considerations for strategies and projects described above. As with
most metropolitan areas nationally, the counties and cities that comprise Montana's
three MPOs are also responsible for local land use planning. In addition to supporting
the federally -mandated transportation planning efforts in the metropolitan areas, MDT
also supports planning efforts in smaller urban areas including Bozeman, Helena,
Kalispell, and Butte that are managed by the local agencies responsible for land use
planning. Taken together, these efforts ensure coordination between transportation
planning and land use planning in those areas where there is the highest level of
interest in, and commitment to, land use planning.
D. Current Access Management Practices in
Montana
Access management describes a set of administrative, engineering, and management
practices that preserve the safe and efficient operation of Montana's highway system. The
practice of access management addresses elements such as access spacing, intersection and
traffic signal spacing, denial of access requests, and geometric design standards. These
standards should reflect differences between urban and rural areas, as well as difference
between the hierarchies of functional classes, allowing greater degree of access on lower
volume and speed routes, while restricting access on higher volume and speed routes.
Access management is controlling the design and operation of all approaches and public
street connections onto highways. Management or control of vehicular access to the system
of state highways and arterial roadways is a practice that has gained increased attention in
recent years as a means of preserving and enhancing system performance, improving safety,
and addressing concerns such as traffic congestion and the escalating costs of upgrading
roads. Several western states, including Colorado and Oregon, have adopted very
comprehensive access management programs that go well beyond the traditional right-of-
way issues. This movement is consistent with the overall direction of transportation
agencies, which now focus as much attention on asset management, corridor preservation,
and highway maintenance as on capital construction.. Many states are looking to access
management as an essential tool for preservation of the functional integrity and hierarchy of
the existing highway system.
MDT is not new to access management; the department has been involved with access
management initiatives for several years:
• 1992 Access Management Plan
The Montana Highway Commission adopted an Access Management Plan developed
by MDT staff. That document mainly clarified the process by which an access control
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regulation could be modified to allow access at points not granted at the time access
rights were originally acquired.
■ Access management in the 1995 TranPlan 21
The original TranPlan 21 Access Management and Land Use Planning Policy Paper
identiffled the state of access management and land use planning in the state, at that
time. Through the policy paper, MDT adopted policy goals and actions aimed at
strengthening access management including.
--- The establishment of a classification system for access management.
The inventory and refinement of methods to ensure that there is adequate
authority to manage access in Montana.
-- The work to communicate the performance benefits arising from an access
management policy.
The 1995 issue identification process, further confirmed by the TranPlan 21 2002
Update analysis, found that almost all Montanans believe that the highway system is
basically complete, and that the focus of attention should be on maximizing the
productivity of the existing infrastructure, and preserving and maintaining current
facilities. In addition, it has been noted by MIST staff that enhancement of access
management standards, and more rigorous enforcement of those standards, is desirable
from the Department's standpoint of maintaining safety and system performance.
• The 1999 Montana Department of Transportation Access Management Project
Final Report
The 1999 Access Management Project Report provides a detailed description of access
management and its benefits for Montana. The issues identification for that study
reiterated the need for access management in Montana.
The conclusions from the 1999 Access Management Project included:
-- Develop and implement an Access Classification System.
-- Develop and implement access management guidelines.
• MDT's Systems Impact Action Process
The 1.995 TranPlan.21 established policy direction and a mechanism to hold private
developers responsible for funding improvements to the transportation system required
by the increased traffic demands generated by their development. The policy provides
a mechanism to ensure that improvements are able to keep pace with growth. Paying
for the new infrastructure necessary to maintain safe and efficient levels of
transportation service in Montana's fast growing areas is one of the most consistent
and difficult challenges facing MDT and local jurisdictions. In order to implement
TranPlan2 1's direction, MDT developed the Systems Impact Action Process.
MDT's Systems Impact Action Process provides a coordinated review of projects
initiated outside of MIST that may significantly and permanently impact the
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transportation system's safety or functionality. Through this process MDT coordinates
with the local agencies that have land use authority. The process provides coordination
within MDT and with other state, federal and local review and permitting agencies.
As part of the development approval process, either local jurisdictions and/or MDT
have authority to require developers to mitigate transportation system impacts.
Mitigations can include the developers paying for the design and construction of traffic
signals, turn lanes, and improved roadway geometric designs and surfaces. Direct
authority to require these improvements may reside in the local government platting
approvals and/or MDT granting of access permits for developments crossing state
right-of-way. To ensure a comprehensive traffic impact review, developers are
responsible for traffic impact studies for all developments greater than a particular
size. These are then comprehensively reviewed for technical accuracy and the
appropriateness of the mitigations suggested by the developer.
The goals of this process include:
Provide a one -stop process for private developers to request access to and from
the state highway system.
— Facilitate a timely review of the developer's request by a varied group of MDT
technical offices.
-- Identify reasonable accommodation of the developer's project needs.
--- Preserve the safety and efficiency of Montana's transportation system.
-- Protect taxpayer investments by recovering costs from developers for their
pro j ect' s impacts to the transportation system.
— Ensure MDT permitting does not precede an environmental process
(NEPA/MEPA.).
A large number of projects go through the System Impact Action Process. In the spring
of 2002, MDT has 45 projects at various stages of review, including the following:
-- Bozeman Home Depot, a commercial development in Bozeman. The developer is
paying for traffic signals and geometric improvcments.
-�- Elk Grove Development, a residential development requesting access to US-191.
The developer is responsible for paying to install a turn lane and widen the road,
including the purchase of right-of-way.
Bull Mountain Rail Spur, a 27-mile rail spur from the Bull Mountain Mine to the
BNSF main line near Broadview. The mine is responsible for constructing grade
separated highway crossing at two locations: US-87 and MT-3.
For MDT, the most effective method of addressing transportation issues related to new
development is the System Impact Action Process. The process provides a coordinated
review that protects the taxpayer's investment in the transportation system while
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allowing the development of private property in accordance with local land use
planning decisions.
E. Access Management Implementation
The 1999 Access Management Project established a new access classification system for
Montana's National Highway System and Primary System. The classification system
distinguishes between four major categories of roadway.
• Rural very low volume
• Rural
• Intermediate
Developed access
The classification system provides a framework for managing access onto the roadway. For
each of the categories, the Access Management Project developed access guidelines that
recommend.
• Minimum unsignalized access spacing.
• where non -direct access will be sought. (This includes instances where direct access
would be denied when other access is available.)
Median opening spacing.
• Signal spacing and bandwidth.
The overall approach for implementing these guidelines involves consistent application of
the access management classification system. The guidelines provide a clear set of access -
related objectives for Montana's roadways that MIST can plan for and design consistently.
1. Implementing Mechanisms
The basis for implementing the access classification system has applied the following
mechanisms.
• MDT review, refinement, and adoption of the access guidelines as the statewide
access "plan" or objectives for the National Highway and Primary Systems.
• Completion of access control projects using the access control resolution process.
. Update and amendment of the 1983 Driveway Approach Standards to establish
the guidelines as standards that apply to issuing driveway approach permits.
Application of the access guidelines governing driveway spacing and other
design criteria in projects that are subject to access control resolutions.
Improvement in communication and coordination with the appropriate land use
planning authorities.
. Ensuring MDT employees in headquarters and the Districts are trained in and
consistently apply the acccss guidelines.
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2. Implementing Authority
The access classification system would be implemented using MDT's existing
authority. This is consistent with how MIST has applied standards in the past. Through
its general police powers and responsibilities to protect the public health, safety, and
welfare on state highways, MDT and the Transportation Commission may implement
appropriate engineering standards and procedures to manage, by regulation, access on
highways. MI3T's current approach to regulating driveway access is specified in the
Administrative Rules of Montana (Chapter 5, Preconstruction Bureau, Sub -Chapter 1,
Highway Approaches).
F. Access Management Strategies and Mechanisms
The specific methods and criteria for determining how much access to provide, and how to
physically provide or limit access, are the elements of an access management strategy.
Successful access management strategies include:
• A classification system, defining the "access class" for each facility in the state system.
• Guidelines for determining the level of controls that are appropriate for a given area
and facility type.
• Criteria which define the preferred characteristics within an access class; examples
I
nclude criteria for minimum intersection and driveway spacing, installation of barrier
medians, location of median breaks, turn prohibitions at intersections and driveways,
use of frontage roads, traffic signal spacing, etc.
• Procedures for handling requested variances.
Additional components might include a permit or fee system, guidelines for
"grandfathering" existing access, and administrative responsibilities. Other than the traffic
engineering tools noted above, other techniques that a state may use to effect access
management include the following:
• Statutory Access Control. The Montana Transportation Commission may designate a
roadway as a "Controlled Access Highway and Facility" in order to facilitate the flow
of traffic, preserve the public peace, support health and safety, promote general
welfare and efficient travel, and to otherwise facilitate implementation of the purposes
and intents set forth in Montana Code Annotated 60-1-101 and 60-1-102. Access
rights may be controlled and/or limited by the State either through. exercising its police
power, or, if it is determined that the police power does not apply to an individual
parcel, through eminent domain.
• Acquisition of Access Rights. The State has the power to purchase access rights or
restrictions. These may be used to control the location and number of access points to
a given parcel, as well as to limit changes in the use of an access point if that change
would generate additional demand on the arterial roadway.
• Subdivision Regulations. The State has no authority to review subdivision plans,
,which are reviewed at the local level. This strategy allows local government to ensure,
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for example, that the development has adequate internal circulation, setbacks, and no
direct access onto highways from individual lots.
• Driveway Permit System. The State (as well as lower levels of government) has the
authority to require a permit for construction of a private driveway onto a public road.
This authority may be used to prevent further access from the same parcel (restrictive
covenant).
• Official Mapping. By officially mapping a future transportation corridor or
improvement, the State and most levels of government have the authority to retain full
access control over the planned facility. Limitations may apply to Montana's ability to
officially map a state highway improvement until alignment studies and environmental
analysis has been completed.
• Corridor Planning. Multi jurisdictional planning efforts, authorized by state and
federal statutes, may be used to develop corridor plans. The plans could include
specifics as to how corridor preservation and access management will be achieved, and
the type and scale of development that will be encouraged through specific access
locations, frontage roads, and other physical techniques. MDT's corridor preservation
report, "The Preservation of Right-of-way for Transportation Corridors," provides a
good starting point for this type of approach in Montana.
• Land Use Planning and Zoning. This is predominantly the domain of local
government. However, MDT controls access to state facilities, and thus exerts some
influence. The State, through a technical and policy support role, can impact the
development of land use plans and zoning ordinances to favor access management.
The potential value of a supportive role, rather than a regulatory one, should not be
dismissed. The most damage can be done, or the most benefit can be had, during early
stages of development before a locality has the expertise or resources to define access
management strategies. By providing model ordinances, site design and access
guidelines, or even review of applications, the State could affect important
development decisions in critical "formative" years of a corridor's urbanization.
Many of the potential strategies noted above for access management may also be applied to
corridor preservation efforts. -
Land Purchase. Many techniques are available to help ensure that land is available for
additional right-of-way when and if needed. These include outright purchase, purchase of
easements, and land -banking. Disadvantages include the difficulty of predicting with
accuracy the final alignment of a transportation project, and the inefficiencylunpopularity
of committing scarce funds for projects with such a long-term payback.
Of iciai Mapping. As noted above, official mapping of future transportation corridors
may be necessary to effectively prevent development from taking place within the
corridor. To avoid acquisition battles, and other property rights challenges, some care
must be exercised in the tinning and duration of such techniques_
• Setback Standards. These must be used with care to reserve land for future expansion of
existing facilities, including frontage roads. Setback standards that promote public safety
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and welfare (for example, safety buffers of sight clearance) do not require compensation of
landowners. Conversely, setbacks for the sole purpose of reserving land for future roadway
widening will generally result in a "taking" action requiring compensation.
Dedications. Dedications are typically requested at the state level only when a
development has access onto a state facility. Local government may use this technique
liberally in exacting land for necessary improvements. However, a recent ruling of the
U.S. Supreme Court places more stringent burden of proof upon government in
establishing proportionality and nexus between the impact and the dedication.
The 1999 Access Management project provided a comprehensive set of recommendations
and an implementation plan for improving the productivity of the current highway system
and improving safety through strengthened access management. The recommendations
specified the following key elements:
• A classification of roadways to target effort where it is most needed.
+ New approach standards with minimum driveway separation.
0 Strengthened procedures for the consistent application of approach standards when
permits are issued.
• Guidance for undertaking access control projects to purchase access rights and
preserve critical corridors.
The Montana Transportation Commission endorsed these recommendations; however,
MDT has not implemented them due to a lack of resources.
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11. Access Management and Land Use Planning
Issues
■
Access management and land use planning issues were identified through open house forums,
mail -in. and telephone surveys with the public, and through discussions with MDT staff. It is
important to note that the Mate, and hence MDT, has no authority over land use planning and
MDT's actions must therefore be limited primarily to access management and the close
coordination with local governments responsible for land use decisions_
A. Issues Raised by the Public
Despite the limited experience with land use planning in Montana, there is growing interest at
the local level, especially in the faster growing communities, in using land use planning to
manage growth, preserve the quality -of -life, and protect the environment. This interest is also
reflected in a range of general transportation -related issues identified for the statewide plan.
The public and stakeholder involvement conducted as part of the TranPlan 21 update found
that many of the 1995 issues remain important. These issues included:
• Concern about the increasing demands placed upon the highway system because of
new development patterns.
Recognition that current development patterns, access management practices, and
sometimes weak land use planning reduces the effectiveness of the transportation
system..
Resistance, on the part of some, to address increased transportation demands through
increased highway capacity.
• Desire to see transportation system management, demand management, and other
modal options pursued to meet increased transportation demand. This concern is often
linked with a reluctance to increase highway capacity.
• Recognition that land use decisions affect transportation system performance.
In addition to the above, public involvement and stakeholder meetings conducted for the
TranPlan 212002 Update identified the following related issues:
• Strong interest in MDT being more proactive in corridor preservation by purchasing or
protecting right-of-way in advance of construction projects in key corridors.
Concern over the increasing costs of right-of-way in many corridors.
0 Recognition that local jurisdictions and MDT need to coordinate planning.
• Concern over the function and design of highways through urban and developing
areas, including amenities related to local land use goals, which are considered
generally under the heading of `context sensitive design."
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In several communities, issues were raised about the function and design of major state
highways as they approach and pass through communities. In some communities these
issues are characterized as "context sensitive design." The issue raised is that MDT
needs to work with and involve local communities to an even greater extent in design
decisions that are made for state highways that pass through these communities. The
issue is a planning issue because MDT needs to find a way to move traffic through and
into growing communities on the state's major highway corridors. The land use
planning, development approval, and street planning decisions that local communi -ies
make determine how effective MDT can be and the options open to MDT in meeting
these demands. Context sensitive design issues arise when there are competing and
different goals and objectives for particular highways and transportation corridors.
Because of their importance, these issues are addressed in the Roadway System
Performance Policy Paper.
B. Issues Raised by MDT Staff
Interviews with NIDT staff identified several issues arising from the current conditions and
practices of access management and land use planning in Montana.
1. Access Management Issues
■ Incomplete implementation of prior access management processes and
actions.
Despite the 1999 Access Management Project final report, access management in
Montana is not implemented to the same degree as it is in several states with
more aggressive, proactive programs.
• Lacy of consistent rigorous application of access management policies.
On the Interstate Highway System, complete control of access is federally
regulated and achieved through strict geometric design standards. Not only the
design of interchanges, but also the spacing between interchanges is specified for
urban and rural conditions. on state arterial highways, however, it does not
appear that the Department's policies are uniformly or rigorously applied
throughout the state.
Lacy of consistency in application of access management standards.
There is a lack of consistent statewide application of uniform access management
standards. Further, Department staff report that it has been difficult to enforce
access controls unless there is a clear safety problem directly addressed by the
proposed control. Denial of access, or conditioning of access, is difficult if the
principal benefits are preservation of capacity and system functionality or
performance.
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Limited tools for preserving corridors in current access management
approach.
The 1999 Access Management Project final report provides detailed direction to
MDT for strengthening access management practices. The Montana
Transportation Commission and MDT management has approved
implementation of these recommendations; however, there has been only limited
progress implementing them due to a lack of resources. The recommendations are
to improve safety and the productivity of the current highway system. Current
practices do not provide specific criteria or a system classification specifically for
access management.
Need to involve other jurisdictions in addressing corridor preservation and
access management.
As recommended in the 1999 Access Management Project, it is crucial to involve
metropolitan planning organizations, counties, cities, and other jurisdictions in any
comprehensive attempt to manage access to the system of principal and minor
arterials, as these jurisdictions make the land decisions that give rise to the problem.
It is important to balance land use objectives of communities with the State's
mission of preserving the integrity and safety of the highway system. However,
because of the importance of highways to Montana's communities and
businesses, MDT should strive for a reasonable balance, as opposed to simply
preserving flow on. the roadways.
Importance of demonstrating the benefits of access management.
The 1999 Access Management Project and national research shows that
successful access management will enable Montana to increase the use of
existing infrastructure without adding capacity. This is an attractive proposition
and the benefits of access management need to be communicated to local
jurisdictions and the business community.
Increased importance of corridor preservation.
Montana's growth and development patterns will continue to result in the greatest
concentration of growth in the valleys and highway corridors that provide
mobility into and through Montana's high -growth areas. These development
patterns increase the importance of preserving these corridors through such
techniques as right -of way acquisition, local ordinances requiring set backs, and
access management. without these techniques, it will become increasingly costly
and extremely disruptive to accommodate growth.
Once an area has begun to develop, it becomes increasingly difficult to remedy
the problems associated with unmanaged access. It is easier to prevent problems
through proactive, judicious allocation and management of access to the highway
system through the planning process in coordination with local governments
responsible for land use decisions.
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2. Land Use Planning Issues
• Growth management and land use planning issues.
Parts of western Montana continue to experience rapid growth. This growth is
geographically concentrated in a small number of counties. Growth rates are most
pronounced in Gallatin, Flathead, and Missoula counties. The population
forecasting conducted as part of the statewide planning process indicates that
Montana can expect to see a continuation of these trends, although the rate of
growth will be less than in the 1980's and early 1990's.
This population growth has been partially accommodated by residential
development in the form of new subdivisions or the permitting of new development
on larger parcels of land. New development has resulted in highly visible changes
in land use, especially in rural areas. This has generated citizen interest in land use
planning and concern about some of the negative impacts of growth.
In general, the growth outside of the urban areas is most visible and gives rise to the
greatest concern, because this growth results in the most visible changes in land
use. There is concern that parts of Montana are now experiencing a cycle of
development and associated land use change similar to that in many other areas of
the west. This cycle involves new residential development adjacent to established
urban areas, which then creates the market for development to accommodate retail
and other services.
It is not the responsibility of the Montana Department of Transportation to
control or manage local growth and land use development. , The authority to
establish development goals lies at the local level. However, the consequences of
local land use decisions often affect the demand for transportation. For example,
few of Montana's new semi -rural subdivisions are linked to other neighborhoods
through a platted grid roadway system. Rather, they are cul-de-sac developments
with entry to their internal road networks via one or two points of access onto a
collector or arterial roadway. By necessity, all traffic to or from the development
will be along the adjacent arterial or collector highways where intensive points of
traffic conflict and speed differentials may be created — thus creating safety and
operational issues. MDT therefore is interested in local jurisdictions managing
the development review process and performing land use planning that helps
preserve transportation corridors and avoids these safety and capacity problems.
Growth boundaries are often suggested as solutions to local growth concerns.
However, in some urban areas of the country that have established growth
boundaries, development has leapfrogged beyond the boundary and resulted in
longer commuting distances and more developmental pressures on communities
downstream from the boundary.
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• Lack of corridor planning or management continues to affect transportation
system performance.
Cities and counties omen allow land development to occur in close proximity to
existing corridors or within the probable right-of-way of future transportation
corridors. This pattern of development makes it significantly more costly to
provide transportation services because of the costs for right of way. These
development patterns are creating additional access demands and foreclosing
future options for roadway improvements. The potential use of Federal -Aid
Highway funds to preserve corridors is dependent on advance acquisition of
right-of-way with state funds. Limited state resources create problems in long-
term preservation of corridors using advance acquisition. Local planning actions,
such as set -back ordinances or zoning to limit development within probable
future highway corridors, are difficult to consistently apply.
0 Land use patterns affect the attractiveness of different transportation modes.
Montana's existing and future land use patterns affect transportation demand and
influence the relative attractiveness of different modes. Travel demands that
result from low -density residential development and subdivision development in
outlying areas tend to be most readily met by the automobile. Montana is one of
the most sparsely populated states in the country, with a population density of
approximately six persons per square mile, but there has been significant progress
addressing these transportation needs in some corridors with transportation
demand management (TDM) and the expansion of van pools and bus service
along commonly used commuter corridors. For exaanple, the Missoula-Ravalli
Transportation Management Association (MR-TMA) provides vanpool service
between Hamilton and Missoula.
Montana's trends in land use are not likely to decrease the rates of single
occupancy vehicle trips and vehicle miles traveled. For example, in 1.990 just
under eight percent of the population in Montana walked to work. There is little
evidence to indicate that new development will increase or maintain this rate.
Should Montana's communities wish to encourage the use of non -single
occupancy vehicles and other modes, the effectiveness of many strategies may be
enhanced through land use planning. Nationally, some states and local
jurisdictions are attempting to affect the demand for transportation and improve
the attractiveness of non -single occupancy vehicles as part of their land use
planning. This is usually achieved through zoning policy, which aims to
concentrate commercial development in certain locations and restrict the sprawl
of love -density residential development. Zoning authority is usually vested in
local units of government.
Complexity of relationships between transportation and land use and
development.
Travel or transportation demand is altered by land use. Travel occurs where land
uses are separated by distance. The amount and purpose of the travel are related
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to the use of the land. Different types of land use generate different traffic rates;
for example, conversion of agricultural land to residential or commercial
development increases the demand for transportation. Commercial activities
generate more trips than residential activities. The cumulative effects of land use
change affect the level of service of the existing transportation system.
Transportation investment decisions made to maintain existing levels of service
that address these travel demands can in turn have impacts on land use. Addition
of capacity, or the construction of a bypass, increases the "highest and best use"
of land that was previously less accessible. In slower growing areas, this usually
results in the relocation of business from one part of the community to another
over a number of years. This increases the market demand for highway -oriented
development. when access to outlying areas is improved, development pressure
in the surrounding area is increased subject to the local land use regulations.
Where there is economic growth, there is a direct relationship between improved
highway access and development pressure.
This type of development places significant impacts on the transportation system.
The best locations for new residential, and especially commercial development, are
those with access to the arterial system.. without access management policies, these
market trends can severely reduce the function of the arterial system..
Limited capacity at the local level to undertake land use planning.
A fundamental. transportation issue relating to land use in Montana is that there is
little land use planning in place outside the urban areas and rapid growth areas with
which to coordinate transportation planning. This lack of land use planning
adversely affects the ability of state and local transportation systems to anticipate
and plan for new travel demands_ Local units, of government, cities, and counties
have the authority to undertake zoning and regulate development. However, these
jurisdictions have limited resources and technical Knowledge with which to
undertake land use planning. MDT does, however, frequently provide funding in
support of transportation planning activities for small urban areas.
The state's interest in preserving the safety and functional capacity of corridors is
achieved most practically through access management planning which necessarily
includes the involvement of local governments.
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Ill. Policy Goals and Actions
This section outlines updated policy goals and actions for access management and coordinating
land use planning and transportation.
A. Access Management
Access management is considered an ok
important component of the overall transportation
management effort, in support of MDT's and the TranPlan 212002 Update overall system
management and preservation objectives. Considerable net benefits will derive from the
implementation of MDT's improved approach to access management as detailed in the
1999 Access Management Project final report.
POLICY COAL A: Improve corridor level access management to
preserve the highway system.
The primary purpose of this policy is to maintain the functional integrity and safety of the
highway system through access management and corridor preservation. The tools available
for access management are the acquisition of access rights, the consistent application of
approach standards, the establishment of limited access facilities, the issuance of approach
permits, and coordination with local jurisdictions.
Action A.1. Establish an MDT Access Management Manual.
This action will document in one place MDT's policy, administrative, and technical
approach guidelines for access management. The manual will be comprehensive,
incorporating results from the 1999 Access Management Project, updating the 1992
Access Management Plan, and including design elements and guidelines, and policies
and procedures.
Action A.Z. Develop and implement approach standards as identified in
the 1999 Access Management Project final report.
As a complement to the access classification scheme, MDT will continue to develop
and implement new approach standards governing the issuance of approach permits.
These standards will require technical and management approval for their
implementation. The action will involve modernizing the 1983 Approach Standards
for Montana Highways. These standards are established through MDT's administrative
rule making process to which their update must conform.
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Action A.3. Establish an Access Management Plan that identifies and
helps preserve priority corridors.
The intent of this action is to establish a consistent approach to access management in
MDT's corridors that are now experiencing, or that are forecast to experience, the
greatest degradation of lcvcl of service. The action will ensure that improvement
projects consider access management and that access is managed consistently on these
corridors. This action will also result in stand-alone access management plans on
corridors under pressure from growth and land use change. The action will be
coordinated with Actions B.3 and B.S in the Roadway System Performance policy
paper and Actions B.2 and B.3 in this paper.
Action A.4. Communicate the performance benefits arising from an
access management policy.
This action addresses the need to ensure that local jurisdictions, through their
development approval and permitting authority, and the general public understand the
safety, mobility, and financial benefits that Montana will realize through successful
access management. Developers, merchants, and others in the business community, on
a case -by -case basis, need to be shown how access management is good for business
and economic development.
B. Land Use Planning and Transportation
Local land use planning decisions clearly impact the safety and functionality of the
transportation system. MDT coordinates site impact reviews with local governments
through the Systems Impact Action Process. In addition, local governments are stakeholders
in the development of TranPlan 21 and are commonly involved especially through advisory
committees, in environmental documents related to the addition of highway capacity. Local
governments are also commonly involved in the design of state highways that lead to and
travel through their communities. These project -specific discussions often result in the
addition of design elements such as bike and pedestrian facilities, landscaping, and other
community beautification. while the amount of interaction with local governments
regarding the linkage between land use and transportation has increased in recent years,
improvements and refinements would be beneficial.
POLICY GOAL A: Provide technical support and leadership to encourage
local jurisdictions to support transportation corridor preservation
and management through their land use planning and
development permitting authority.
This policy goal recognizes the unique role MDT can play in providing leadership in the
preservation of transportation corridors and the importance of local government decision -
making in the development of the Secondary and Urban Highway Systems. The aim is to
ensure local governments have the technical support necessary and state encouragement to
undertake transportation corridor preservation, system management, and demand
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management, with the goal of reducing overall infrastructure costs. For example, if local
jurisdictions enact setback ordinances, this can reduce greatly the future costs of
transportation projects, such as right-of-way acquisition costs.
Action A.1. Work with local jurisdictions to create a "tool kit" of actions
they can take to support corridor preservation through their
development review and land use planning authority.
This action involves MDT establishing a working group involving local jurisdictions
to identify and develop specific tools that can be used by Montana jurisdictions to
support corridor preservation and management. These would be tools that local
jurisdictions can consider for implementation. Part of the action would involve making
the `business case" for the use of these tools.
Action A.2. Work with local jurisdictions in the early identification of
urban and rural corridors under development pressure.
The intent of this action is to ensure close coordination with Montana's local governments
to protect the safety and capacity of corridors likely to be under pressure from future
development. Identified corridors would be potential candidates for stand-alone access
management plans or other actions consistent with underlying local land use goals and
plans. This action will be coordinated with Actions in the Roadway System Performance
policy paper and Action A.3 of the Access Management Policy Goal.
Action A.3. Continue to support local government transportation
planning activities and ensure new urban areas have transportation
plans to guide system development.
The intent of this action is to ensure adequate support for transportation planning
activities within Montana's urban areas and those non -urban areas under pressure from
population growth and land use changes. The action includes data collection and
dissemination, development of traffic models, financial and administrative support for
local transportation plans, and support for the existing multi -agency planning processes.
This action does not suggest the use of highway trust funds for general land use planning
activities. However, MDT will continue to insure that local officials responsible for land
use planning take the lead in developing local transportation plans.
Action A.4. Maintain MDT's capability to provide land use driven travel
demand forecasting for MPos.
This action involves MDT keeping abreast of the state -of the practice. MDT has
upgraded travel demand forecasting capability and now uses TransCAD to support the
coordination between land use and transportation planning_ MDT will continue to
work with local governments responsible for land use planning and provide technical
support to their transportation planning.
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POLICY GOAL 13: consistently apply MDrs Systems Impact Action
Process to ensure developers equitably mitigate their impacts to
the highway system.
Action 13.1. Provide technical support to local governments in
developing funding partnerships to accelerate project development.
Because of funding constraints and the short planning horizon for most developers, it
is often challenging to ensure that those urban corridors identified by local
governments for economic development activities have the infrastructure in place
before new businesses open. This action entails updating the Transportation
Commission Guidelines on Partnering and Cost Participation for Project Acceleration,
developing cost participation agreements with local governments and private
developers as opportunities arise, and providing technical support for corridor plans.
Examples of corridors developed through corridor planning and funding partnerships
include North Reserve Street in Missoula and North 1 9th Avenue in Bozeman. In both
cases, cost participation by the businesses locating along the corridor was assured and
the infrastructure was in place before travel demand increased.
Action E3.2. Explore and develop tools to equitably distribute
improvement costs on developing corridors regardless of sequencing of
the developments.
This action recognizes that as developers enter an area, the existing system can often
safely accommodate early developments. As system impacts accrue, later developers
will likely have to mitigate their impacts. while much of this can be overcome with
corridor plans, such plans are not always possible. Because an equitable distribution of
responsibility is essential, this action commits MDT to exploring and advancing
defensible approaches to the distribution of cost responsibility.
Action 13.3. provide training and support on application of access
management and systems Impact Action Process to local governments
and MDT staff.
The intent of this action is to increase the consistency in the application of the System
Impact Action Process and to encourage local governments to coordinate development
reviews early in their platting process. This action will entail developing training
materials, scheduling work and information sharing sessions, and coordination as
necessary with the Montana Association of Counties and the League of Cities and
Towns.
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IV. References
■
Approach Standards for .Montana Highways, 1983 document prepared by MDT and adopted by
the Transportation Commission.
1992 Access Management Plan, prepared by the MDT Right -of -Way Bureau.
Land Use Planning and .Regulation for Local Governments, 1994. Montana Department of
Commerce, Community Technical Assistance Program.
Scenic Byways Feasibility Study, 1.994, Montana Department of Transportation.
Access Management Project Final Report, 1999, prepared by Dye Management Group, Inc. for
the Montana Department of Transportation.
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Status and Disposition of
original TranPlan 21 Policy Goals and Actions
1"5 TranPlan 21
Policy Goals and .Actions
Status
Disposition in TranPlan 21
Access Management and Land Use
2002 Update
Planning Policy Paper
Access Management POLICY GOAL A:
Retained.
Improve corridor level access
management to preserve the highway
system.
Action A.I. Establish a classification
Not
Retained and increased in importance
scheme for access management that
implemented.
as A.1.
defines the appropriate level of access
and access control for different classes
of state roadway according to
functional classification, existing level
of access, and surrounding land use.
Action A.2. Inventory, refine the
Completed.
New action to implement results of
methods, and ensure that there is
1995 Action A.2.
adequate authority to manage access in
Montana.
Action A.3, work to communicate the
Retained.
performance benefits arising from an
access management policy.
Access Management POLICY GOAL B.
Not retained.
Not needed for MDT's access
Establish and fund a level of travel
management program.
demand forecasting that will support an
access management program.
Action B.I. Use the state travel
Not retained.
Not needed for MDT's access
Highway Information System, the
management program..
TranPlan 21 travel forecasting method,
and the Congestion Management
System to anticipate areas and
facilities in need of access
management actions.
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1995 TranPlan 21
Policy Goals and Actions
Status
Disposition in TranPlan 2-1
Access Management and Land Use
�
2002 Update
p
Planning Policy Paper
Action B.2. Encourage improvement
Not retained.
Not needed for MDT's access
of the condition of travel demand
management program.
forecasting at the metropolitan
planning organization level to better
anticipate and identify problem areas,
and to link access management policies
to local land use policies.
Land Use Planning and Transportation
Revised to
Policy Goal A: Encourage responsible
better support
jurisdictions to establish land use
NMT's corridor
planning and development permitting
preservation
mechanisms to manage transportation
objectives.
demand by building their planning
capacity.
Action A.I. work with local
Revised.
Revised as Action A. l to develop the
jurisdictions to establish and
specific tools that can result in.
implement a consistent approach for
improved corridor preservation.
including land use and access
management strategies in urban area
and metropolitan planning organization
plans receiving state funding.
Action A.2. work with the
Not completed.
Not retained, no longer needed to
metropolitan planning organizations
support policy goal.
and urban areas to develop consistent
land use driven travel demand
forecasting capability.
Action A.3. Participate in a working
Completed.
group of the Department of Commerce
and representatives of affected
jurisdictions to develop and propose
legislative recommendations for the
55th Legislature.
Action A.4. Consistently apply
Retained and
Retained and updated as Action A.2.
existing development review authority
updated.
to ensure that new development
contributes to the cost of resulting
transportation system improvements.
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1 "-5 TranPlan 21
Policy Goals and Actions
status
Disposition in TranPlan 21
Access Management and Land Use
g
2002 Update
�
Planning Policy Paper
Action A.5. Encourage the Department
Completed..
of Administration, the Long Range
Building Committee, and State
agencies to consider transportation
demands when locating new capital
facilities and leasing new property.
Land Use Planning and Transportation
Policy Goal B: As part of the
development review process, provide
authority to enable local jurisdictions
and MDT to require developer
contributions to improvements that
accommodate new traffic demands.
Action B.L Establish a defensible
Completed.
mechanism for determining the costs
of transportation improvements to be
paid by the developer.
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