[MassHistPres] This list-serve aided an important preservation victory

[Dennis De Witt]

Yesterday, after a 10 year struggle, the Federal Highway Administration (FHWA) released a regulation exempting historic street name signs from the dictates of the heretofore seemingly unstoppable Manual of Uniform Traffic Control Devices (the MUTCD) -- a.k.a the dreaded "Federal Mandate."  

Thanks to the readers of this listserve who sent comments to the FHWA earlier this year — together with, particularly, Sen. Kerry, Congressman Frank, Former MassHighway Commissioner Paiewonsky, Historic New England, which is specifically mentioned in the regulation (see below), The National Trust, and all the advocates for Lower Merion Twp., (Pa.) whose signs were also in danger.  (Lower Merion folks are contemplating making the entire township a special sign histroic district to meet the language of the reg.)

Dennis De Witt
Brookline


Below is the full text.

Dennis

Comments on the provisions of Section 2D.43 regarding Street Name signs were submitted to the docket by officials and citizens of the Township of Lower Merion, Pennsylvania, the Town of Brookline, Massachusetts, citizens of Saugerties and Forest Hills, New York, and the organization Historic New England.	The comments stated that the communities have "historic" Street Name signs that do not meet the Standards and Guidance of Section 2D.43 regarding color, letter size, and other design features, including retroreflectivity. These communities asked for an exemption from the MUTCD so that they can retain their historic Street Name signs without fear of noncompliance with the MUTCD. These docket comments are similar to other concerns raised previously to the FHWA by two other communities (Fox Point, Wisconsin, and Waverly, Pennsylvania). The FHWA understands the desire of some communities to retain truly historic Street Name signs that are a key component of maintaining the historic character and environment of a particular district.
The FHWA agrees to provide flexibility for communities with historic Street Name signs that do not meet the provisions of the MUTCD, where the community deems the historic Street Name signs to meet the need for effective navigational information to road users. However, the FHWA believes that such flexibility is appropriate only in specific circumstances and lower risk situations. The Code of Federal Regulations, in 36 CPR part 60, governs the listing on the National Register of Historic Places (NRHP) of historic districts and structures such as Street Name signs. Specifically, 36 CPR 60.4 provides criteria for evaluating a district to be identified as a historic district and for evaluating a system of structures, such as Street Name signs, to be identified as historic structures.

Therefore, the FHWA adds a new OPTION paragraph at the end of Section 2D.43 stating, "On lower speed roadways, historic street name signs within locally identified historic districts that are consistent with the criteria contained in 36 CFR 60.4 for such structures and districts may be used without complying with the provisions of Paragraphs 3, 4, 6, 9, 12 through 14, and 18 through 20 of this section."
The FHWA believes that the vast majority of what is expected to be a fairly small number of historic Street Name signs meeting the criteria will be on local roads with speed limits of 25 mph or less. If a community decides to use the new OPTION to retain existing historic Street Name signs within a historic district, the FHWA believes it is important for the community to ensure that the historic Street Name signs provide at least some degree of utility as navigational devices for road users. External illumination of the Street Name signs should be considered for this purpose. It is also important to note that the OPTION applies only to historic Street Name signs in historic districts meeting the eligibility criteria of 36 CFR 60.4 and does not apply to other types of traffic signs or devices, nor to locations outside of historic districts.
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