§ 40-2. Applicability of subtitle.

(a) In general.

Except as otherwise provided in this subtitle, this subtitle applies to all project phases undertaken by or, under the authority of the Transportation Department for the improvement of any street and public right of way, including planning, programming, design, acquisition of land, construction, construction engineering, reconstruction, rehabilitation, resurfacing, retrofit, and operation.

(b) Exceptions – Ordinary maintenance.

This subtitle does not apply to ordinary maintenance, such as mowing, cleaning, sweeping, pothole filling, concrete joint repair, and other regular or seasonal maintenance. Ordinary maintenance includes local road resurfacing on roadway segments, exclusive of intersections, that experience traffic volumes of fewer than 6,000 vehicles per day, based on the latest available or estimated traffic data.

(c) Exceptions – Preexisting projects.

This subtitle does not apply to a project at or above 30% design or under construction as of January 3, 2020.

(d) Exceptions – Limited-access roads.

This subtitle does not apply to a street where use by both pedestrians and bicyclists is prohibited by law.