Syracuse Legal-regulatory Retraint

Syracuse Highway Legal and Regulatory Restraints

The elevated highway, I-81, that runs through the center of Syracuse was built as a result of the Federal Highway Act of 1956. Over the years, traffic and the environment has taken its toll on the elevated highway and now the roadway has come to the end of its drivable life. It is worn and no longer meets today’s safety engineering standards, having both too narrow of lanes as well as having dangerously tight curves (Semuels). Existing federal highway regulations call for the highway to be upgraded to improve commuter safety. However, improving the safety of the elevated highway and construction will require space that is currently occupied by buildings and other private lands. In order to attain the land the build a new highway system, the city of Syracuse and the New York State Department of Transportation (NYSDOT) will have to follow the existing laws and regulations. As well as fulfilling these factors, this new highway also has to comply with Environmental Protection Agency standards and local environmental laws. Syracuse will have to rebuild I-81 so that it meets federal engineering safety standards and environmental regulations, however, existing laws in place to protect the citizens, businesses, and the environment makes the rebuilding of the highway a slow and well thought out process. There are several regulations that the city must follow because the elevated highway through Syracuse is an interstate. It is under the Federal Highway Administration (FHWA) regulation, however the NYSDOT own the state section of the highway and acts as a body ensuring that the highway is properly maintained (I-81 Viaduct Project). The Federal Highway Administration has created a rating system for interstate highways and bridges. The rating system determines whether or not the bridges or highways are under good and working condition. Under this rating system a bridge or highway is considered functionally obsolete 1

when dimensional aspects, such as lane width, do not meet the current safety engineer standards. Out of the 50 bridges along I-81, the Federal Highway Administration has deemed that 20 of them are functionally obsolete. The New York State Department of Transportation also has a ranking system, which they have used and determined under their standards that 25 of the highway bridges are deficient (I-81 Viaduct Project). The NYSDOT is now responsible for making these sections of the highway safe for commuters. The NYSDOT will look at not just making sure that the changes to the commuter system are under good condition by their standards, but also that they meet the FHWA’s dimensional aspects. The city, does not just have to follow federal safety standards for drivers, but also consider the health and well-being of the environment. During construction, the city must also comply with the provisions established by the Environmental Protective Agency and the Clean Water Act. In order to reduce the harmful effects of runoff on aquatic habitats and waterways, the city would have to install runoff controls. Building and complying with runoff controls will reduce the non-point source pollution both during and after construction. The amount of heavy metals, oils, and other toxic substances that would get washed off the road to the soil and bodies of water would greatly be reduced with runoff controls (EPA). This will reduce the impact on the surrounding environment than the practices that are already in place, but has the potential of widening the road. In attempt to minimize the environmental impacts of the new highway system and construction, under the local law of Syracuse and as well as federal law, the city is required to issue an Environmental Impact Statement. By enforcing an Environmental Impact State prior to construction it allows for a better understanding of potential environmental impacts and the possible outcomes of the selected alternatives. Impacts that will be looked at consider the 2

impacts on endangered species, wetlands, noise pollution, and the effects on urban sprawl. The Environmental Impact Statement will also include the assessment of how much land will be required for the new structure and construction. This allows for a better comprehension of how many buildings will need to be acquired by the city and what type of land is being used where the highway is being built. (I-81 Viaduct Project). In an effort to improve the transportation conditions for commuters, as well as create lasting beneficial effects for the community and economy, the Department of Transportation has devised two viable options for construction of the current I-81 structure. The first being a viaduct, which would keep the highway system while making lanes and curves wider, and the second option is for the highway system to be completely torn down and turned into a drivable community grid (I-81 Viaduct Project). While the NYSDOT is encouraged to meet FHWA road standards, they have to consider how much land and building acquisition would be needed to fulfill both of these options. The first option being a new viaduct that would go through the city, has three different variations, V-2, V-3, V-4 each with an increasing tightness of curves in the route respectively. The straightest route V-2, which would meet all of the Federal Highway Safety standards, is projected to require the acquisition of 30-35 buildings. V-3 would require about 25% less building acquisitions than V-2, and the V-4 variant would require only 40% building acquisitions which would be required in the V-2 variant (I-81 Viaduct Project). The second option of dismantling sections of I-81 through the city and replace it with a community grid or boulevard. This would likely result in the need for acquisition of five to ten buildings because of the need for new connector and interchange ramps for other existing highway routes, which are already interstate highways and comply with FHWA regulations and would in turn become the new I-81 (I-81 Viaduct Project). Because the community grid does not in itself 3

contain any interstate roads, the NYSDOT would not need to comply with FHWA road regulations. Even though several buildings will have to be obtained by the government, it will not be cause for problem to the NYSDOT because of the city’s power of eminent domain. The city has been authorized the power to obtain land which would be of use for the public, this includes highways and streets (Eminent Domain). The city even has the muscle to take more land than is necessary, however building sites, developable land, and other public lands must be able to neighbor the highway. Also, compensations will be made for those whose building is being acquired if the damages and losses are greater than the benefits. However, under the local law the New York State Department of Transportation is not required to replace buildings or land (Eminent Domain), but under the Uniform Relocation and Assistance and Real Property Acquisition Policies Act of 1970, the city, with help from federal funding, will have to help provide a comparable replacement dwelling which is safe, adequate size, within the financial means of the displaced, functionally equivalent, and in a desirable location similar to that of the land that was taken (I-81 Viaduct Project). Even with the authority under the law of eminent domain, the Federal Highway Administration and the New York State Department of Transportation are required, under section 106 of the National Historic Preservation Act of 1966, to consult with the public who claim an important stance regarding the project. The public has the opportunity to express their concerns over their legal or economic ties to the project or other affected properties. Also, concerns over how historic property will be affected by the project can be voiced by the public (Department of Transportation). While this presents the opportunity for the general public to communicate their concerns with the project, it has the potential for slowing down the decision making process. 4

Both the FHWA and the NYSDOT will have to make choices on whether or not such concerns comply with the act to allow for the preservation of the existing land and ultimately which Syracuse citizen’s issues will be resolved. Also in compliance with the National Preservation Act, the U.S. Department of Transportation Act requires that before any land is taken and used by the city the Federal Highway Admission must determine of that there is no other practicable alternative for the land use. Also, there must be planning which describes how it will minimize harm to the land and environment (I-81 Viaduct Project). If a piece of land were deemed eligible for historic preservation or un-obtainable by the city for the cause of sustaining the environment, than this could lead to either a highway which would meet less of the FHWA safety standards or in a worst case scenario the route would have to be rethought completely. out with similar viable options. While the city of Syracuse, the New York State Department of Transportation, and the Federal Highway Admission are initiating the project to enhance current road conditions, the reconstruction of the route must follow existing laws and regulation. Unless there are any historical lands or environmental habitats which would need to be preserved, Syracuse would have the ability to acquire that land necessary to build the road system, whether it be a wider viaduct or a community grid. Rebuilding the route in either case, the city would have to comply with environmental standards set by both the Environmental Protection Agency and the city itself. By following the laws and regulations in place, it ensures that the city of Syracuse will not be causing more harm than good to the existing citizens and surrounding environment.

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Bibliography Eminent Domain, §§ 6-1-2 (Municode 1914). https://www.municode.com/library/ny/syracuse/codes/code_of_ordinances? nodeId=PTSSPAC_CH6EMDO Environmental Conservation, §§ 2-2-51-2-52 (Municode 1977). https://www.municode.com/library/ny/syracuse/codes/code_of_ordinances? nodeId=PTLLOLA_CH2ENCO “I-81 Viaduct Project” Federal Highway Admission and New York State Department of Transportation. https://www.dot.ny.gov/i81opportunities/repository/I-81%20Viaduct %20Project_Scoping%20Report%20__April%202015_0.pdf "Nonpoint Source: Roads Highways and Bridges." EPA. Environmental Protection Agency, 31 Oct. 2015. Web. 23 Mar. 2016. . "Section 106 of the National Historic Preservation Act." Department of Transportation. N.p., n.d. Web. 23 Mar. 2016. . Semuels, Alana. "How to Decimate A City." The Atlantic. Atlantic Media Company, 20 Nov. 2015. Web. 23 Mar. 2016. .

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