ADOT; noise attenuation
barriers
dpaS/E
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Committee on Transportation |
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Committee on Appropriations |
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Caucus and COW |
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As Passed the House |
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House Bill 2507 requires the Arizona Department of Transportation (ADOT) to pay all costs associated with noise attenuation barriers that are required by ADOT along state highways regardless of when environmental assessments are completed or published or when property is developed.
The proposed strike-everything amendment to House Bill 2507 establishes a study committee to examine the current policy of ADOT regarding payment of costs associated with freeway noise attenuation barriers and make recommendation on who is responsible for these expenses.
According to ADOT, noise barrier decisions are based on ADOT’s “Noise Abatement Policy,” which is based on the federal regulations contained in 23 CFR 772. ADOT’s first written policy on noise abatement was established in July 1986 to apply the federal criteria to state-funded projects. Prior to 1986, ADOT relied solely on the federal criteria dating back to the 1973 FHWA Policy and Procedure Memorandum 90-2. ADOT’s written policy was modified in July 1996, with more detail on evaluations of the reasonability and feasibility of noise barriers. The policy was further revised in March 2000. With each revision to the ADOT policy, the noise abatement criteria were lowered, allowing noise barriers to be provided for more developments.
ADOT states that when noise barriers are warranted, they are provided for residential developments that are existing or are “planned, designed, and programmed” by the “Date of Public Knowledge.” Those two terms were first used in the 1976 Federal Aid Highway Program manual 7-7-3. Based on information provided by ADOT, definitions of those two terms have never been provided in the federal regulations. Each state defines the two terms as part of their written policy for noise abatement.
ADOT states that even before the first written noise policy, ADOT has always defined “planned, designed, and programmed” as the issuance of a building permit for a residential development. At that point, the developer is considered committed to the development. As long as this criterion is met before the “Date of Public Knowledge,” noise abatement will be considered. Thirty-three states have designated the building permit as being “planned, designed, and programmed.”
Prior to 1995, the Date of Public Knowledge for a project was the first public hearing that displayed the final location of the project. This date may be several years prior to the date of the final environmental document. Since 1995, the “Date of Public Knowledge” has been defined by ADOT as being the approval of the final environmental document for the project. The public meeting, hearings, and advertising conducted during the environmental process are conducted for the purpose of providing notification of the project to the public and to the adjacent landowners. In addition, the draft and final environmental documents are published and distributed to provide further public notification. This change in 1995 effectively allowed noise barriers for many more residential areas that were developed during the environmental process.
In conclusion, ADOT’s current policy provides that as long as a residential area is existing or has been issued building permits by the approval date of the final environmental document, then ADOT is responsible for considering the noise impact and providing noise barriers where warranted, reasonable and feasible.