SECTION 730:10-1-13. Selection of lake and recreation access projects

(a)   The purpose of the lake and recreation access program is to provide direct access to public user facilities located within the immediate vicinity of lakes and other recreation areas operated by a public agency of the State of Oklahoma, one of its political subdivisions, or by the federal government.

(b)   The definition of direct access is based on generally accepted functional criteria defining the limits of responsibility assigned to the various governmental jurisdictions. The state highway system can logically be expected to provide for the intrastate movement of traffic between the various areas of the state, delivering the users of the State's recreational facilities to the general area of the lake or other recreational feature. The local road system may be expected to provide intracounty service, delivering the user to the local area of recreation interest.

(c)   Beyond the normal limits of state and local responsibility, the Lake and Recreation Access Program comes into consideration. This assignment of functional responsibility forms the basis for the expenditure of state transportation funds off the designated state highway system. It is a special purpose program to provide for direct user access and circulation within public facility areas built and maintained by a public agency.

Criteria to be considered are as follows:

(1)   The project provides primary immediate access between the local or state road systems and existing public facilities operated as part of a lake, recreation area or historical site, and/or

(2)   Provides for circulation within and between the immediate public use areas associated with the facility.

(3)   Absence of other funding sources (federal programs, other state agency funds, etc.).

(4)   Size of the recreational facility to be served.

(5)   Existing access roads serving the same area.

(6)   Availability of local assistance in offsetting a portion of the cost of the improvements (clearing, grading, and roadbed preparation by local government or agency).

(7)   Right-of-way and utility relocations must be provided at no cost to the Department.

(8)   The program is not be used to enhance private development opportunities.

(9)   Binding agreement to be entered into by appropriate local government unit or public agency for maintenance of road after completing by state. (If road is not adequately maintained, no other lake project will be approved for county or area).

(10)   The road shall not be a part of designated state highway system.

(11)   Minimum cost single project to maximize geographic distribution.

(12)   Projects are to be programmed on a statewide basis.

(13)   Formal design standards shall be developed and approved by Commission setting forth minimum right-of-way widths and other relevant geometric features.

(14)   No project will be approved for any county or city that is in arrears in their payments to the Department for right-of-way or other underwriter responsibility unless satisfactory arrangements have been made for the discharge of the delinquency.

(15)   Previously approved lake access road projects can be removed from the construction program by the Transportation Commission for reasons including, but not limited to, the county or city having failed to execute an agreement to provide right-of-way and utility relocation, failure to maintain previous projects, or failure to provide agreed local assistance.

[Source: Amended at 17 Ok Reg 1368, eff 5-11-00]