PROJECT DEVELOPMENT MANUAL - February 23, 2021 - Appendix 8 Access Control & Modifications for - New York State ...
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PROJECT DEVELOPMENT MANUAL
Appendix 8
Access Control & Modifications for
Interstates & Other Freeways
February 23, 2021This page intentionally left blank.
February 2021 Appendix 8
Access Control and Modifications for
Interstates & Other Freeways
APPENDIX 8
ACCESS CONTROL & MODIFICATIONS FOR
INTERSTATES & OTHER FREEWAYS
CONTENTS
1.0 INTRODUCTION ............................................................................................................. 1
1.1 PURPOSE ................................................................................................................... 1
1.2 DEFINITIONS .............................................................................................................. 1
1.3 NEW OR REVISED ACCES POINTS .......................................................................... 4
2.0 PROCEDURES ..............................................................................................................10
2.1 RESPONSIBILITIES...................................................................................................10
2.2 STEPS ........................................................................................................................11
2.2.1 Project Scoping Stage .......................................................................................11
2.2.2 Design Phase I – Preliminary Design ...............................................................13
2.2.3 Design Phase IV – Design Approval .................................................................15
2.3 RELATIONSHIP TO OTHER PROCEDURES, LAWS, REGULATIONS, ETC. ..........17
Attachment 1 – Access Modification Report .........................................................................18
Attachment 2 – QUALITY CONTROL CHECKLIST AND REVIEW LOG FOR ACCESS
MODIFICATION REPORT ........................................................................................................18
Attachment 3 – Summary of FHWA Delegations of Authority to Approve Changes in the
Degree of Access Control on Interstate Highways ...............................................................18February 2021 Appendix 8
Access Control and Modifications for
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1.0 INTRODUCTION
1.1 PURPOSE
This appendix provides guidance for:
• Obtaining required Federal Highway Administration (FHWA) approval for all new or
revised access points to Interstate Highways.
• Obtaining required NYSDOT Deputy Chief Engineer Design approval for access
modifications to non-Interstate Freeways.
All proposals for motor vehicle access modifications to freeways with full control of access,
including highway work permit projects by municipalities or the private sector, must be
processed and approved in accordance with this appendix. For the purpose of applying this
appendix, each entrance or exit point, including “locked gate” access, is considered to be an
access point.
1.2 DEFINITIONS
Access Control - The regulation of public access to and from properties and roads abutting
highway facilities to preserve safety and capacity. These regulations are categorized as full
control of access, partial control of access, and driveway or intersection approach regulations.
Full control of access gives preference to through traffic by providing access connections
with selected public roads utilizing interchanges.
Interstates and freeways (including ramps) shall have full control of access. AASHTO’s
A Policy on Design Standards - Interstate System, May 2016, states that access control
beyond the ramp terminals should be achieved by purchasing access rights, providing
frontage roads, or prohibiting driveways.
Control of access should extend beyond the ramp terminal at least 100 ft in urban areas
and 300 ft in rural areas. See HDM Chapter 6, Section 6.2 and figures 6-1 through 6-6
for the access control limits to be used along the crossroads. “Extended areas of access
control may be needed to provide adequate safety and operation of the intersection(s).
Refer to AASHTO’s Green Book and the Transportation Research Board’s (TRB)
Access Management Manual for additional details and guidance for access spacing in
interchange areas.” 1
Access Control Line - A line established by the Department that prohibits ingress to and
egress from a highway facility. It is typically the highway boundary but may not be in the case
where the highway has frontage roads that allow access to the abutting property but not to the
main highway.
1 AASHTO’s A Policy on Design Standards – Interstate System May 2016
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Access Management addresses the basic questions of when, where, and how access should
be provided or denied, and what legal or institutional changes are needed to enforce these
decisions. It is a way to anticipate and prevent congestion and improve traffic flow.
Access Modification - For the purpose of this appendix, access modification shall mean any
change in the design of an existing access point. This is considered a change to the
interchange configuration, even though the number of actual points of access may not change.
Freeway access modifications can involve trails, bikeways, utility placements or other non-
highway use.
Note that a change in the access control line is not necessarily an access modification, as
defined in this appendix. Similarly, an access modification may not change the access control
lines (e.g., reconfiguring a freeway to freeway interchange).
Access Modification Report (AMR) - The technical report used to document, request and
justify freeway access modification acceptability and approval is an Access Modification Report
(AMR).
For modification of access control on non-Interstate facilities, approval is not required by FHWA
and the AMR may be included as a technical appendix in the Design Approval Document for
approval by the Deputy Chief Engineer, Design at the time of Design Approval.
For Interstate access modification, a technical report is submitted as an appendix to the NEPA
document in most cases. For access control requests where the approval authority has been
delegated to the FHWA Executive Director (see Attachment 3), the AMR must be provided as a
stand-alone document. Contact the Main Office Design Quality Assurance Bureau (DQAB)
Project Development Section (PDS) for more information. A Safety, Operations and
Engineering Acceptability approval is requested during preliminary design prior to making the
environmental determination – for more information, see sections 2.2 and 2.2.2 of this appendix.
Design and AMR Approval requests can occur concurrently when an EIS, EA or NEPA
Categorical Exclusion determination is made by FHWA.
Access Point - Each break in the control of access (permanent or temporary) to the Interstate
System or other freeway right-of-way is considered to be an access point. For the purpose of
applying this appendix, each entrance or exit point, including “locked gate” access, is
considered to be an access point. For example, a diamond interchange configuration has four
access points.
Ramps providing access to rest areas, information centers, and weigh stations within the
Interstate controlled access are not considered access points for the purpose of applying this
appendix. These facilities must only be accessible to vehicles from the Interstate System.
Access to or from these facilities and local roads and adjoining property is prohibited. The only
allowed exception is for access to adjacent publicly owned conservation and recreation areas, if
access to these areas is available only through the rest area, as allowed under 23 CFR
752.5(d).
Department Project - Work proposed for construction by Department forces or by a contractor
hired to accomplish the work for the Department.
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Design Approval Document - The technical report used to document the project design,
environmental issues, and technical and environmental analyses to support the NEPA (if
applicable) and SEQR determination(s) and obtain design approval.
When an AMR is required the report format should be either a Project Scoping Report/Final
Design Report (PSR/FDR), a Draft/Final Design Report (DDR/FDR) or higher-level document
(DR/EA or DR/EIS). The IPP/FDR report format should not be utilized because it does not
include sufficient investigation and analysis or discussion.
Freeway - An arterial highway with full control of access intended to provide high levels of
safety and efficiency in movement of large volumes of traffic at high speeds.
All highways on the Interstate System in New York State are freeways.
Freeway Access Modification Final Approval - A control point in the design process that
occurs in Design Phase IV based on the results of engineering analysis of the operating
characteristics of the proposal. Final approval of the access modification can occur only after
the conclusion of the environmental (NEPA and/or SEQR) process.
Highway - Any public way for vehicular travel, including the entire area within the right-of-way.
Highway Work Permit Project - Work proposed for construction by other than Department
forces and subject to the issuance of a highway work permit and/or use and occupancy permit
by the Department.
Interchange – “A system of interconnecting roadways in conjunction with one or more grade
separations that provides for movement of traffic between two or more roadways or highways
on different levels.” 2
Interstate - A freeway on the Interstate System.
New York State Thruway Authority (NYSTA) Project - A project proposed for construction on
a portion of the State Thruway Route that will be let by the NYSTA. Refer to PDM Appendix 10,
Section 1.2 for a definition of the State Thruway Route.
Permittee - “Permittee” is a general term for the private developers, authorities or local
governments who initiate a request for an access modification. The Permittee will be required to
prepare all necessary engineering documentation. Engineering documentation must be
stamped by a New York State Licensed Professional Engineer in responsible charge of the
design. A Permittee may also be referred to as a Sponsor.
Revised Access Point - “Generally, any change in the design of an existing access point is
considered a change to the interchange configuration, even though the number of actual points
of access may not change. For example, replacing one of the direct ramps of a diamond
interchange with a loop, or changing a cloverleaf interchange into a fully directional interchange
would be considered revised access.” 3 Consult with the Main Office DQAB Project
Development Section if clarification is required.
2 Section 10.1 of AASHTO’s A Policy on Geometric Design of Highways and Streets 2018, 7th edition
3
Policy on Access to the Interstate System – https://www.fhwa.dot.gov/design/interstate/170522.cfm
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PERG - Property Executive Review Group reviews every proposed disposition of real property
by the Department. See NYSDOT Official Order 1786 – Property Executive Review Group.
Safety, Operations and Engineering Acceptability – The first action for approval of the
Interstate Access Modification by FHWA. It indicates that the request for modification complies
with the two Policy Points and related requirements of the FHWA’s Policy on Access to the
Interstate System. This determination is also an indicator that the access proposal is a viable
alternative that may be included in the environmental analysis for a project involving Interstate
access. A determination of SO&E acceptability is not considered a guarantee of approval for a
proposed change in access but is considered as one step in the approval process. This activity
should be conducted in parallel with the NEPA process. Safety, Operations and Engineering
Acceptability approval is requested during preliminary design prior to making the environmental
determination – for more information, see sections 2.2 and 2.2.2 of this appendix. The FHWA
Division retains the authority to consult with any office in FHWA for any study. Responsibility for
determining SO&E acceptability is found in Attachment 3, FHWA Delegation of Authority.
1.3 NEW OR REVISED ACCES POINTS
An access control change is a change in public access to and from properties and roads
abutting highway facilities.
Interstate
All changes to access control on the Interstate System are subject to FHWA’s Policy on Access
to the Interstate System issued on May 22, 2017. As stated in the policy:
“It is in the national interest to preserve and enhance the Interstate System to meet the needs of
the 21st Century by assuring that it provides the highest level of service in terms of safety and
mobility. Full control of access along the Interstate mainline and ramps, along with control of
access on the crossroad at interchanges, is critical to providing such service. Therefore, the
Federal Highway Administration's (FHWA) decision to approve new or revised access points to
the Interstate System under Title 23, United States Code (U.S.C.), Section 111, must be
supported by substantiated information justifying and documenting that decision. The FHWA's
decision to approve a request is dependent on the proposal satisfying and documenting the
following requirements:” 4,5
1) An operational and safety analysis has concluded that the proposed change in access
does not have a significant adverse impact on the safety and operation of the Interstate
facility (which includes mainline lanes, existing, new, or modified ramps, and ramp
intersections with crossroad) or on the local street network based on both the current
and the planned future traffic projections. The analysis should, particularly in urbanized
areas, include at least the first adjacent existing or proposed interchange on either side
of the proposed change in access (Title 23, Code of Federal Regulations (CFR),
paragraphs 625.2(a), 655.603(d) and 771.111(f)). The crossroads and the local street
network, to at least the first major intersection on either side of the proposed change in
4
Policy on Access to the Interstate System – https://www.fhwa.dot.gov/design/interstate/170522.cfm
5
Depending upon the magnitude of the proposed changes, the AMR may need to include additional
design documentation – consult DQAB-PDS.
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access, should be included in this analysis to the extent necessary to fully evaluate the
safety and operational impacts that the proposed change in access and other
transportation improvements may have on the local street network (23 CFR 625.2(a) and
655.603(d)). Requests for a proposed change in access should include a description and
assessment of the impacts and ability of the proposed changes to safely and efficiently
collect, distribute, and accommodate traffic on the Interstate facility, ramps, intersection
of ramps with crossroad, and local street network (23 CFR 625.2(a) and 655.603(d)).
Each request should also include a conceptual plan of the type and location of the signs
proposed to support each design alternative (23 U.S.C. 109(d) and 23 CFR
655.603(d)). 6
2) The proposed access connects to a public road only and will provide for all traffic
movements. Less than "full interchanges" may be considered on a case-by-case basis
for applications requiring special access, such as managed lanes (e.g., transit or high
occupancy vehicle and high occupancy toll lanes) or park and ride lots. The proposed
access will be designed to meet or exceed current standards (23 CFR 625.2(a),
625.4(a)(2), and 655.603(d)). In rare instances where all basic movements are not
provided by the proposed design, the report should include a full-interchange option with
a comparison of the operational and safety analyses to the partial-interchange option.
The report should also include the mitigation proposed to compensate for the missing
movements, including wayfinding signage, impacts on local intersections, mitigation of
driver expectation leading to wrong-way movements on ramps, etc. The report should
describe whether future provision of a full interchange is precluded by the proposed
design. 7
23 USC 111(a)– Agreements relating to use of and access to rights-of way-Interstate System
specifies: “All agreements between the Secretary and the State transportation department for
the construction of projects on the Interstate System shall contain a clause providing that the
State will not add any points of access to, or exit from, the project in addition to those approved
by the Secretary in the plans for such project, without the prior approval of the Secretary.” 8
Other Freeways
Department policy for Other Freeways shall adhere to FHWA’s Policy Points. Consult with
DQAB-PDS for additional information.
6
Policy on Access to the Interstate System – https://www.fhwa.dot.gov/design/interstate/170522.cfm
7
Policy on Access to the Interstate System – https://www.fhwa.dot.gov/design/interstate/170522.cfm
8
https://www.govinfo.gov/content/pkg/USCODE-2018-title23/html/USCODE-2018-title23-chap1-
sec111.htm
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All Access Modifications
Refer to Figure 8-1 for the flow chart of the approval authority when changing access control.
The following items correspond to the numbered steps in the flow chart.
1. Refer to 23 CFR 710 for management and disposal of real property acquired in connection
with Federal-aid highway projects and 23 CFR 620 for relinquishment of highway facilities
where Federal-aid funds have previously been used for right-of-way or construction.
2. FHWA approval is required for ROW relinquishment for non-transportation purposes
where federal funds were used for construction, right of way acquisition, or improvement.
FHWA concurrence is also needed for disposals and use agreements (Use and
Occupancy permits, leases, etc) that are on the Interstate, and on other facilities if less
than fair market value is charged for the ROW disposal. Refer to the Regional Real Estate
Group for guidance on how to obtain FHWA’s ROW relinquishment approval. Additionally,
the NYSDOT Property Executive Review Group (PERG) must process all cases involving
the disposal of NYSDOT real property rights.
3. Access control is defined in Section 1.2.
4. New or revised access points to existing Interstate facilities regardless of the funding of
the original construction or regardless of the funding for the new access points are subject
to the procedures in this appendix. This applicability includes routes incorporated into the
Interstate System under the provisions of 23 U.S.C. 103(c)(4)(A) or other legislation.
5. A new break in access along the crossroad with the Interstate or a reduction in the length
of access control along the crossroad require special documentation and approval.
6. Minor adjustments on non-Intestate freeways to bring the access control up to standards
or minor shifts in the location of existing access points that do not meet the definition of a
revised access point in Section 1.2 of this appendix do not require any special approvals.
Contact the DQAB Project Development Section for guidance.
7. The Interstate System includes the ramps. Contact the DQAB Project Development
Section for any facilities that are planned to become part of the Interstate System.
8. FHWA has access modification authority for Interstate toll facilities that previously used
federal funds for ROW, construction, or improvements or where the toll road section has
been added to the Interstate System under the provisions of 23 U.S.C. 103(c)(4)(A).
9. FHWA approval is required for:
a. Access modifications on:
• Non-toll portions of the Interstate System mainline or ramps
• Toll portions of the Interstate System that received federal funds for
construction, right-of-way acquisition, or improvement
b. New breaks in access on the crossroad for Interstate ramp terminals
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Access modifications requiring FHWA approval shall follow the procedures in Section 2.0
of this appendix. Note that the requirement for FHWA’s approval also requires compliance
with NEPA, regardless of funding.
10. NYSDOT Deputy Chief Engineer Design approval is required for:
a. Access modifications on:
• Interstate toll facilities that did not receive federal funds for construction, right
of way acquisition, or improvement or as identified above
• Non-Interstate freeways
b. New breaks in access on the crossroad for other freeway ramp terminals
Access modifications requiring the Deputy Chief Engineer-Design approval shall
follow the procedures in Section 2.0 of this appendix.
11. The retention of non-conforming access control shall be justified in accordance with HDM
Section 5.1.2. Non-conforming feature approval shall be in accordance with approvals for
non-standard features in the “Design Related Approvals Matrix, Exhibit 4-2.”
A project requiring access modification on the Interstate and State Highway systems may
require approvals from more than one approval authority.
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Figure 8-1: Access Change Process Flow Chart
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2.0 PROCEDURES
Overall responsibilities are described in Section 2.1. Processing steps are included in Section
2.2.
2.1 RESPONSIBILITIES
NYSDOT Regional Office/NYSTA - For NYSDOT or NYSTA administered projects, the
NYSDOT Regional Office/NYSTA is responsible for all engineering documentation. The
Regional Office/NYSTA will consult with DQAB to initiate early coordination with FHWA for
proposals to modify access on the Interstate System. The Regional Office/NYSTA shall include
the following certification statement in the memo to DQAB PDS when recommending access
modification approval by the Deputy Chief Engineer Design or FHWA:
“An independent quality control review separate from the functional group reviews has
been conducted and all policies, procedures, standards, rules, and regulations requisite to
Access Modification Approval have been followed except as otherwise noted and
explained.”
For highway work permits, the NYSDOT Regional Office/NYSTA is the primary contact with the
Permittee. The Regional Office/NYSTA will consult with DQAB to initiate early coordination with
FHWA for proposals to modify access on the Interstate System. The Regional Office/NYSTA
shall include the following certification statement when recommending access modification
approval:
“From our review for completeness and the attached certification by a New York State
Licensed Professional Engineer in responsible charge of the project, it appears that all
requirements requisite to access modification approval have been met. The Professional
Engineer has informed us that the project has been sufficiently reviewed to assure that the
work is consistent with established standards, policies, regulations, and procedures,
except as explained in the attached.”
When a municipality is the Permittee, they will be responsible for the SEQR determination in
accordance with 6 NYCRR Part 617. See the Local Projects Manual Chapter 2 and Chapter 7.
Main Office Project Liaison (MOPL) - For NYSDOT and NYSTA administered projects, the
MOPL and Design Quality Assurance Bureau (DQAB) Project Development Section will review
and recommend access modification approval by the Deputy Chief Engineer Design or FHWA
concurrent with or after the NEPA determination.
Office of Traffic Safety and Mobility - For highway work permits, the Safety Program
Management Bureau and Traffic Operations Bureau will review the access modification report.
The Traffic Operations Bureau will recommend approval by the Deputy Chief Engineer Design
or FHWA. See Office of Operations Management Instruction OOMI-07-01 or current instruction.
Policy and Planning Division - The Policy and Planning Division will review the Regional
Office’s initial feasibility assessment when proposals (possibly from a Permittee) include a new
access point or a revised access point that may have systemwide implications.
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FHWA - On the Interstate System, with the exception of Interstate toll facilities that have never
been improved with federal funds or where the toll road section has been added to the Interstate
System under the provisions of 23 U.S.C 103(c)(4)(A)., FHWA determines acceptability of
access modification and grants approval. Based on the magnitude of the access modification,
the FHWA Division Office may request approval from FHWA Headquarters in Washington D.C.
(See Attachment 3). Additionally, access modifications must be approved by FHWA if the ROW
will be relinquished and federal funds were used for construction, ROW, or improvements.
NYSDOT Deputy Chief Engineer Design (DCED) - Based on the recommendation of the
MOPL and DQAB, the NYSDOT Deputy Chief Engineer Design grants access modification
approvals that do not require FHWA approval.
Note that FHWA needs to be kept informed on all projects that will have an effect on the
operation of the Interstate System, even though the actual construction may not be on the
Interstate.
2.2 STEPS
The following steps apply to all access modifications, as defined in Section 1.2 of this appendix.
Design approval, issuance of highway work permits, and real property transactions shall not
occur prior to:
• The formal approval of the proposed access modification. The NEPA determination
must be made prior to or concurrent with the request for approval of access modification.
The request for access modification may occur concurrently with the request for design
approval. Conceptually, the approval process looks like:
• Completion of legally enforceable arrangements for highway work permits in accordance
with current Department policy
2.2.1 Project Scoping Stage
NYSDOT/NYSTA Administered Projects
1. The Regional Office/NYSTA considers whether the proposed work may require access
modification.
2. The Regional Office/NYSTA determines that a freeway access modification approval is
likely to be needed. An initial feasibility review of conceptual access modification
proposals shall be performed to identify major issues that could preclude eventual
approval (such as partial interchanges, interchange spacing, mainline level of services,
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real estate appraisal and PERG issues, etc.). A study of the cumulative traffic impacts
from planned development along a freeway corridor may be required to assure
compatible geometric design and to minimize adverse impacts on freeway traffic.
3. The Regional Office/NYSTA coordinates with FHWA through DQAB when Interstate
System access modifications are proposed. Early FHWA involvement is needed to
facilitate FHWA’s NEPA determination on the access modification approval action. (A
NEPA determination for an interstate access modification is required for FHWA
approvals, regardless of fund source.)
For NYSTA projects with impacts off the State Thruway Route and impacts to the State
Highway System, the NYSTA coordinates with the Regional Office. The Regional Office
will coordinate with the Office of Traffic Safety and Mobility for any new access point or
any access modification that may have systemwide implications.
4. The Policy and Planning Division reviews, provides guidance and performs an initial
feasibility assessment when the proposals include a new access point or a modified
access point that may have systemwide implications.
5. For Interstate projects, DQAB requests an informal preliminary review from FHWA.
FHWA reviews the proposal, provides guidance, and (if appropriate) provides
concurrence that the proposed access modification appears feasible.
Locally Administered Project or Highway Work Permits
1. The Sponsor/Permittee considers whether the proposed work may require access
modification and coordinates with the Regional Office. The Regional Office determines
that a freeway access modification approval is likely to be needed.
2. The Sponsor/Permittee develops a conceptual access modification proposal and
submits a copy to the NYSDOT Regional Office or NYSTA (if on the State Thruway
Route). Note that FHWA approval of an access modification request can never be
guaranteed, even if it is a municipally- and Department-mandated action to mitigate
adverse transportation impacts of site development.
3. The Regional Office/NYSTA coordinates with FHWA through DQAB when Interstate
System access modifications are proposed. Early FHWA involvement is needed to
facilitate FHWA’s NEPA determination on the access modification approval action. (A
NEPA determination for an interstate access modification is required for FHWA
approvals, regardless of fund source.)
For NYSTA projects with impacts off the State Thruway Route and impacts to the State
Highway System, the NYSTA coordinates with the Regional Office. The Regional Office
will coordinate with the Office of Traffic Safety and Mobility for any new access point or
any access modification that may have systemwide implications.
4. The Policy and Planning Division reviews, provides guidance and performs an initial
feasibility assessment when the proposals include a new access point or a modified
access point that may have systemwide implications.
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5. For Interstate projects, DQAB requests an informal preliminary review from FHWA.
FHWA reviews the proposal, provides guidance, and (if appropriate) provides
concurrence that the proposed access modification appears feasible.
2.2.2 Design Phase I – Preliminary Design
NYSDOT/NYSTA Administered Projects
1. The Regional Office/NYSTA prepares the Draft Access Modification Report using the
Access Modification Report shell (Attachment 1). The report may be included in the
Draft Design Approval Document as an Appendix or alternately as a standalone report.
See Access Modification Report in Section 1.2 Definitions.
The AMR (for both Interstates and other freeways) must directly address the two Policy
Points found in the FHWA Policy on Access to the Interstate System. See Section 1.3 for
the Policy Points to be addressed.
2. The Regional Office/NYSTA reviews the Draft Access Modification Report and modifies
if necessary, then transmits copies of the DAD (if included as an Appendix) or the
standalone report for an advisory review to the following groups as necessary:
• Main Office Project Liaison (MOPL) see PDM Chapter 4, Exhibit 4-1;
• DQAB Project Development Section;
• For New Access Points:
o Metropolitan Planning Organization Staff (in urban area);
o Office of Traffic Safety and Mobility, Traffic Operations Bureau;
o Office of Traffic Safety and Mobility, Safety Program Management Bureau; and
o Policy and Planning Division;
• Office of Right-of-Way (for ROW relinquishment);
• Office of Legal Affairs (for highway work permits);
• NYSDOT Regional Office (for NYSTA projects requiring a NYSDOT highway work
permit or NYSTA project with impacts on the State Highway System);
• NYSTA (for NYSDOT projects requiring a NYSTA highway work permit or a
Department project which impacts the State Thruway Route); and
• Other stakeholders from whom advice or input is prudent.
3. Reviewers shall reply directly to the Regional Office/NYSTA and provide copies of their
comments to the Main Office Project Liaison and DQAB Project Development Section
(PDS).
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4. When FHWA approval is required, the Regional Office/NYSTA transmits a copy of the
revised document to the MOPL with a request for Safety, Operational and Engineering
acceptability from FHWA. Note that approval will be per the information in Attachment 3
(FHWA Delegation of Authority). When the request for Safety, Operational and
Engineering acceptability is submitted to FHWA HQ for review, additional time should be
factored into the project schedule.
Locally Administered Project or Work Permits
1. For Locally Administered Projects, the local project Sponsor prepares the Draft Access
Modification Report which may be included in the Draft Design Approval Document as
an Appendix or alternately as a standalone report. See Access Modification Report in
Section 1.2 Definitions.
For Highway Work Permits the permittee prepares a standalone Access Modification
Report using the Access Modification Report shell (Attachment 1) for report format.
The AMR (for both Interstates and other freeways) must directly address the two Policy
Points found in FHWA’s Policy on Access to the Interstate System. See Section 1.3 for
the Policy Points to be addressed.
2. The Permittee/Sponsor submits the requested number of copies of the Draft Design
Approval Document (DAD) or Draft Access Modification Report (Draft AMR) to the
Regional Permit Engineer, Regional Local Project Liaison or NYSTA.
3. The Regional Office or NYSTA reviews the Draft Access Modification Report and
modifies if necessary, then transmits copies of the DAD (if included as an Appendix) or
the standalone report for an advisory review to the following groups as necessary:
• Main Office Project Liaison (MOPL)
o Local Projects – Regional Local Projects Liaison
o Highway Work Permits – Office of Traffic Safety and Mobility, Traffic Operations
Bureau;
• For New Access Points:
o Metropolitan Planning Organization Staff (in urban area);
o Office of Traffic Safety and Mobility, Traffic Operations Bureau;
o Office of Traffic Safety and Mobility, Safety Program Management Bureau; and
o Policy and Planning Division
• For Highway Work Permits
o Office of Traffic Safety and Mobility, Safety Program Management Bureau; and
o Office of Legal Affairs;
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• Office of Right-of-Way (for ROW relinquishment);
• NYSDOT Regional Office (for NYSTA projects requiring a NYSDOT highway work
permit or NYSTA project with impacts on the State Highway System);
• NYSTA (for NYSDOT projects requiring a NYSTA highway work permit or a
Department project which impacts the State Thruway Route); and
• Other stakeholders from whom advice or input is prudent.
4. Reviewers shall reply directly to the Regional Office/NYSTA and provide copies of their
comments to the Main Office Project Liaison and DQAB Project Development Section
(PDS).
5. When FHWA approval is required, the Regional Office/NYSTA transmits a copy of the
revised document to the MOPL with a request for Safety, Operational and Engineering
acceptability from FHWA. Note that approval will be per the information in Attachment 3
(FHWA Delegation of Authority). When the request for Safety, Operational and
Engineering acceptability is submitted to FHWA HQ for review, additional time should be
factored into the project schedule.
2.2.3 Design Phase IV – Design Approval
NYSDOT/NYSTA Administered Projects
The NEPA determination must be made prior to or concurrent with the request for approval of
access modification. The request for access modification may occur concurrently with the
request for design approval. Conceptually, the approval process looks like:
1. The Regional Office/NYSTA revises the Design Approval Document or Access
Modification Report to resolve review comments received.
2. The Regional Director or Designee/NYSTA Chief Engineer or Designee ensures that all
comments have been satisfactorily resolved and recommends access modification
approval to the Main Office Project Liaison by memorandum and transmits one
electronic and one comb-bound-paper copy of the Final Design Approval Document or
Access Modification Report.
3. The Main Office Project Liaison ensures that all comments have been satisfactorily
resolved and requests approval of the Access Modification Report from the Deputy Chief
Engineer-Design or FHWA.
15February 2021 Appendix 8
Access Control and Modifications for
Interstates & Other Freeways
4. FHWA or the NYSDOT Deputy Chief Engineer-Design approves access modification.
The FHWA Division Office will request FHWA Headquarters in Washington, D.C. to
approve access modification for some projects as described in Attachment 3. When the
Access Modification Report is submitted to FHWA HQ for approval, additional time
should be factored into the project schedule.
5. The Main Office Project Liaison will distribute the approval to the Regional
Office/NYSTA.
Locally Administered Project or Highway Work Permits
The NEPA determination must be made prior to or concurrent with the request for approval of
access modification. The request for access modification may occur concurrently with the
request for design approval. Conceptually, the approval process looks like:
For Highway Work Permit projects, which do not have a Design Approval Document, the access
modification approval should be requested with NEPA determination for access modification if
FHWA approval is needed or prior to the issuance of the Highway Work Permit when there is no
FHWA involvement.
1. The Permittee/Sponsor revises the Design Approval Document or Access Modification
Report to resolve review comments received.
2. The Permittee/Sponsor submits one electronic copy of the Final Access Modification
Report to the NYSDOT Regional Office/NYSTA with a cover letter signed by a New York
State Licensed Professional Engineer in responsible charge of the engineering work for
the access modification. The Final AMR must be signed and sealed by a New York State
Licensed Professional Engineer in responsible charge of the engineering work for the
proposed access modification. Consult with the NYSDOT Regional Office/NYSTA to
determine if comb-bound-paper copies are required.
3. The Regional Director or Designee/NYSTA Chief Engineer or Designee ensures that all
comments have been satisfactorily resolved and recommends access modification
approval to the Main Office Project Liaison by memorandum and transmits one
electronic copy of the Final Design Approval Document or Access Modification Report.
Consult with the MOPL to determine if comb-bound-paper copies are required.
4. The Main Office Project Liaison ensures that all comments have been satisfactorily
resolved and requests approval of the Access Modification Report from the Deputy Chief
Engineer-Design or FHWA.
5. FHWA or the NYSDOT Deputy Chief Engineer-Design approves access modification.
The FHWA Division Office will request FHWA Headquarters in Washington, D.C. to
approve access modification for some projects as described in Attachment 3. When the
16February 2021 Appendix 8
Access Control and Modifications for
Interstates & Other Freeways
Access Modification Report is submitted to FHWA HQ for approval, additional time
should be factored into the project schedule.
6. The Main Office Project Liaison will distribute the approval to the Regional
Office/NYSTA.
7. The Regional Office/NYSTA will distribute the written decision to the Permittee/Sponsor.
2.3 RELATIONSHIP TO OTHER PROCEDURES, LAWS, REGULATIONS, ETC.
The requirements in this appendix are in addition to all other current state and federal laws,
regulations, policies and procedures, and not a substitute for any of them.
Compliance with this procedure is not a substitute for compliance with requirements for site
developer mitigation of adverse traffic impacts, processing of requests for exceptions to the
level of service policy for site developments on opening day, and requests for phased mitigation
of site development traffic impacts. Refer to the NYSDOT Policy and Standards for Entrances to
State Highways in Appendix 5A of chapter 5 of the HDM for these additional requirements.
17February 2021 Appendix 8
Access Control and Modifications for
Interstates & Other Freeways
Attachment 1 – Access Modification Report
See Access Modification Report shell on Report Shells webpage.
Attachment 2 – QUALITY CONTROL CHECKLIST AND REVIEW LOG FOR ACCESS
MODIFICATION REPORT
See Access Modification Checklist on Report Shells webpage.
Attachment 3 – Summary of FHWA Delegations of Authority to Approve Changes in the
Degree of Access Control on Interstate Highways
Delegated to FHWA Delegated to
Proposed Type of Access
Executive Director Division Administrator
New Freeway to Freeway
X
Interchange
Modification of Freeway-to-
X
Freeway Interchange
New Partial Interchange or
New Ramps To/From
Continuous Frontage Roads X
That Create a Partial
Interchange
New Freeway-to-Crossroad
X
Interchange
Modification of Existing
Freeway-to-Crossroad X
Interchange
Completion of Basic
Movements At Existing Partial X
Interchange
Locked Gate Access X
Abandonment of Ramps or
X
Interchanges
Any authority to approve changes in the degree of access control not listed in this table is
delegated to the Executive Director and may not be redelegated.
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