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Regulatory and legal issues
Introduction
this chapter presents an overview of the myriad
federal, state, regional, and local laws, ordinances,
and policies that affect the planning, design, and
administration of transportation facilities.
The subject area is extensive and varies
significantly by geographic location and agency
jurisdiction.
Although a complete compilation is not possible,
this chapter presents a broad survey of the
different types of laws and regulations applicable
primarily to transportation planning.
Regulatory Transportation Law
Regulatory Transportation Law
Governmental transportation agencies are
administrative in nature.
This means that while they can make and
carry out regulation, they do not have the
power of courts or legislative bodies.
Administrative law is the subject area
dealing with the regulatory procedures and
decision-making powers of these agencies.
Agency Legal Controls
Agency direction originates at the legislative level through
laws, statutes, ordinances, legislative controls, and court
decisions.
Statutes are acts of a legislature federal or state that establish
the agency and define its functional responsibility.
Legislative controls exist as part of the execution of these
statutes, with revisions to the original legislation and
apportionment of funding being two key elements.
Local laws and ordinances provide direction to local agencies,
but they may be subordinate to federal and state legislation.
Court decisions influence the interpretation and application of
all types of enactments and may result in their being declared
invalid or void.
How Agencies Make Rules
Informal processes can include written policies and
procedures, which are usually flexible in application
and subject to negotiation and agreement. Appeals
from informal p
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