60-3-303. Footpaths and bicycle trails to be established -- funding. (1) The transportation commission or a county or city, with funds received from the state transportation commission state special revenue fund, may construct footpaths and bicycle trails. Footpaths and bicycle trails may be established and extended to the nearest city or town or termination point of the highway or road wherever a highway, road, or street is being constructed, reconstructed, or relocated. In addition, footpaths and bicycle trails may be established along all streets under state jurisdiction. Funds received from the state special revenue fund may also be expended to construct footpaths and bicycle trails along other highways, roads, and streets and in parks and recreation areas if the construction enhances traffic safety and convenience. Footpaths and bicycle trails may be constructed along all sections of the national defense interstate highway system.
     (2) Footpaths and trails may not be established under subsection (1) of this section:
     (a) if the cost of establishing the paths and trails is excessively disproportionate to the need or probable use; or
     (b) if sparsity of population, other available ways, or other factors indicate an absence of any need for the paths and trails.
     (3) The state transportation commission shall let to contract in any period of 5 consecutive fiscal years not less than an average of $200,000 per year for footpaths and bicycle trails. The department shall establish accounting procedures to document compliance with this subsection.

     History: En. 32-2626 by Sec. 3, Ch. 544, L. 1975; R.C.M. 1947, 32-2626; amd. Sec. 18, Ch. 23, L. 1979; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 1, Ch. 60, L. 1989; amd. Sec. 6, Ch. 75, L. 1995.