642.7 maintenance responsibility
Maintenance of vegetation along a sidewalk is required by ADA policies and necessary to keep the space open and available to pedestrians. Pedestrian facilities, to include sidewalks and steps, will be maintained by MoDOT where it is an obligation of the department.
Maintenance agreements are consulted to determine if there is another agency that has agreed to maintain or has been delegated maintenance of certain areas of MoDOT's property. Where such delegation has not been specified, adjacent property owners may be required to maintain the sidewalks based on local ordinance, even though the pedestrian facility may be on MHTC right of way or on the right of way of a dedicated street.
In some cases, MoDOT may have only a pavement surface maintenance obligation and the actual property may be owned by another local agency. In these cases, MoDOT should contact the agency to discuss the local agencies responsibility for ADA improvements as a result of the resurfacing work.
Where agreements with other agencies cannot be located or local ordinances that delegate maintenance responsibilities for pedestrian facilities do not exist, MoDOT will maintain pedestrian facilities in compliance with current ADA standards and guidelines through maintenance activities, permitted work on right of way or through contracted efforts.