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            2009 ADA TRANSITION PLAN 

 Executive Summary: 

 The Americans with Disabilities Act of 1990 (ADA, as amended) dictates comprehensive 

civil right protections to individuals with disabilities in areas related to employment (Title 

I), public services (Title II), public accommodations and services operated by private 

entities (Title III), telecommunications (Title IV), and miscellaneous (Title V). In 

particular Title II has the broadest impact on the Michigan Department of Transportation 

(MDOT) as it prohibits the discrimination of individuals with disabilities in relation to 

programs, services or activities offered by local and state governments. Provisions in 

Title II encompass areas of public transportation, and the updating of existing 

infrastructure to attain accessibility and consistency with the ADA. 

 In 1992, the U.S. Department of Justice issued 28 Code of Federal Regulations (CFR) 

Part 35, Nondiscrimination on the basis of Disability in State and Local Government 

Services, to implement Subtitle A of Title II of the ADA. In particular, this regulation 

extended the prohibition of discrimination in federally assisted programs already 

established in Section 504 of the Rehabilitation Act of 1973 to all activities of state and 

local governments regardless of funding source. 

 A provision in the regulation, 28 CFR 35.150(d) included a requirement for state and 

local governments to prepare a transition plan. In accordance with the regulation, MDOT 

completed a self evaluation and transition plan of its activities and programs in 1994 that: 

 1. Identified the physical obstacles in MDOT facilities that limit the accessibility 

of programs and activities to individuals with disabilities; 

 2. Described the methods that would be used to make the facilities accessible; 

 3. Specified a schedule for taking steps necessary to achieve accessibility. 

 4. Indicated the official responsible for the implementation of the plan. 

 The 1994 MDOT self-evaluation and transition plan was very detailed, and specific to 

each bureau, division and district within MDOT, each with their identified limiting 

policies and practices, and corrective actions necessary to address non-compliance. 

 Since the implementation of the 1994 transition plan, increasing emphasis has been 

placed on accessibility of infrastructure within public right-of-way, and connectivity of 

this infrastructure to state trunkline roadways, in particular the continued integration of 

sidewalk ramps. MDOT has incorporated sidewalk ramps into construction projects since 

1973, and has progressively modified and updated standards addressing accessibility. 

However at this time, not all sidewalk ramps within MDOT right-of-way conform to the 

most current MDOT standards for accessibility. 

 Although MDOT does not own, operate or maintain sidewalks and sidewalk ramps, 

sidewalk ramps are upgraded in conjunction with alteration of the roadway according to 

the MDOT Standard Plan for “Sidewalk Ramp and Detectable Warning Details” as 

required by the Federal Highway Administration (FHWA). The MDOT standard is 

primarily based on the U.S. Access Board’s Public Rights of Way Accessibility 

Guidelines (PROWAG). 

 With respect to infrastructure within MDOT right-of-way, or on property owned by 

MDOT, inventories have either been completed or will be re-assessed as new national 

accessibility criteria develops. An exhaustive sidewalk ramp inventory has recently been 

completed for the purpose of evaluating the current status of compliance. For each of the 

identified assets, the MDOT objective is to achieve and maintain accessibility as outlined 

in this new transition plan required by the FHWA. 

 MDOT has also re-visited programs and services previously included in the original 

transition plan that are either directly or indirectly provided to the general public. These 

programs and services are beyond a compliance transitional stage and are considered to 

be in compliance maintenance. Those assets considered in compliance maintenance are 

recurrently assessed when alterations are programmed. 

 The MDOT Transportation Highway Program is based on a rolling Five-Year Plan that 

covers a wide range of programs specifically targeted to maintain, improve, and in some 

cases, expand the transportation infrastructure in Michigan. The Five-Year Plan is re-

assessed and extended annually with a new 5th year. As part of this Five-Year Plan, any 

sidewalks, or sidewalk ramps that are altered by roadway projects, will be updated to the 

most current standard. Pedestrian facilities not altered by the current/planned MDOT 

Five-Year Plan are not upgraded by MDOT as they are the Title II obligation of the local 

agency owning and maintaining the pedestrian facility. 

 Maintained Accessibility (Addressed by the original MDOT Transition Plan): 

 MDOT buildings: 

MDOT is committed to ensuring continued program accessibility at Region 

Offices, Transportation Service Centers (TSC), Welcome Centers, rest areas and 

other facilities utilized by the traveling public or commercial customers. 

Additionally, MDOT implements measures necessary to attain compliance for a 

facility where a specific employee ADA-related need has been identified. 

 Where required in the original MDOT Transition Plan, changes were made to 

policies and practices to ensure alignment with the regulation. The original self-

evaluation plan included onsite inspections of all MDOT buildings and parking 

lots, with a corrective action plan developed and completed as necessary for each 

location. Since the conclusion of the self-evaluation program, all facilities-related 

construction projects have been reviewed by the Department of Energy, Labor, 

and Economic Growth (DELEG), Bureau of Construction Codes to ensure 

continued compliance with accessibility requirements. 

 Commercial properties leased to MDOT are also required to be accessible. Per 

state law, the Department of Management and Budget (DMB) approves and 

administers all lease agreements on behalf of MDOT. DMB lease agreements 

contain language specifically requiring the landlord to ensure accessibility. 

Leased premises are required by state law to meet accessibility requirements in 

the Michigan Building Code. In addition, they are required by federal law to meet 

ADA requirements. 

 Currently, MDOT performs regular, on-going assessments of all its facilities, 

which includes a review of continued compliance for each location; deficiencies 

are documented and addressed. 

 Public Transit Programs: 

For urban transit agencies that receive federal funding directly from the Federal 

Transit Administration (FTA), the FTA has primary oversight of their ADA 

compliance. For rural transit agencies that receive federal funding through 

MDOT, MDOT oversees ADA compliance as part of its ongoing compliance 

monitoring activities. In addition, state law requires that all fixed route transit 

buses that are procured with state funds be accessible by wheelchair and also 

requires a local review process (Local Advisory Committees) to ensure there is an 

adequate number of lift-equipped buses in the fleets of agencies that receive state 

funds for demand-response vehicles. MDOT does not have an oversight role over 

private sector passenger carriers unless MDOT provides financial assistance. For 

example, MDOT purchases and leases intercity motor coaches to Indian Trails 

and Greyhound. MDOT purchases only lift-equipped motor coaches. 

 2009 Assessment and Transition Plan (Not addressed by the original MDOT Transition 

Plan): 

 Car Pool Lots: 

MDOT Car Pool lots currently provide designated accessible parking. Carpool 

lots are in compliance maintenance and are monitored by each region. 

Accessibility upgrades are included with programmed alterations. 

 Shared Use Paths: 

Shared use paths are most commonly owned by local agencies. There are 

currently very few MDOT owned shared use paths. They are constructed to the 

most current requirements at the time of construction and are updated as required 

in conjunction with alterations as part of compliance maintenance. 

 Pedestrian Activated Signals: 

Currently the installation of pedestrian activated signals is designed according to 

the MDOT Signal Standard Plans and the Manual of Uniform Traffic Control 

Devices which includes accessibility requirements. Current installations identified 

as non-compliant are corrected in conjunction with new construction and alteration projects. A full assessment of all pedestrian activated signals is deferred 

pending anticipated new requirements from the U.S. Access Board that are 

estimated to be finalized in the Public Rights of Way Guideline by the end of 

2010.   Sidewalk ramps within MDOT right-of-way: 

The physical obstacles present within roadway crossings are defined by absence 

of accessibility to pedestrian crossings, or where accessibility is limited. 

 To make these facilities accessible, MDOT maintains a policy of compliance with 

the current FHWA approved MDOT standard plan. In conjunction with new 

construction and alterations to roadways adjacent to pedestrian facilities, accesses 

to crossings are upgraded to the current standard. 

 To facilitate the development of this supplemental plan, a detailed inventory was 

conducted by each Region using an existing GIS system to identify pedestrian 

crossings within MDOT right-of-way, to determine if they meet current 

accessibility standards defined by the MDOT standard plan. The inventory was 

subsequently used to develop a timeline for corrective actions to be incorporated 

in each Region’s program. A detailed inventory is on file at each Region office. 

 The schedule for implementation is dictated by the MDOT Five-Year 

Transportation Highway Program for capital investments in the transportation 

infrastructure. The Five-Year plan is re-assessed and extended with a new 5th year 

annually. As part of the rolling Five-Year plan, pedestrian accessibility and 

accessibility upgrades within the right-of-way will be scoped with proposed 

roadway improvements. Please refer to Appendix A for a schedule of pedestrian 

crossings to be upgraded as part of the current Five-Year plan. 

 The MDOT official currently responsible for implementation of the transition plan will 

be Mr. Greg Johnson, P.E., Chief Operating Officer of MDOT. Additionally, Ms. Cheryl 

Hudson, MDOT ADA/504 Coordinator is the designated contact for ADA complaints. 

Whether an MDOT program, activity or service is in compliance transition or 

maintenance, the public may submit complaints of discrimination against persons with 

disabilities to the ADA/504 Coordinator. 

 Ms. Cheryl Hudson 

ADA/504 Coordinator 

Michigan Department of Transportation 

425 W. Ottawa Street, B450 

Lansing, Michigan 48909 

Phone 517-373-0980 

E-mail hudsonc1 at michigan.gov 

                       APPENDIX A 

 2009 MDOT Accesibility SurveyMICHIGAN DEPARTMENT OF TRANSPORTATION PROGRAM ACCESSIBILITY SURVEY 

PART A 

Table with 2 columns and 5 rowsProgram Name 

State Trunkline System 

Program Description 

Roadway Infrastructure 

Bureau/Division/Office/Region 

Highways 

Reviewer (s) 

Statewide 

Review Date 

2009 

Table end 1. List all processes, procedures, guidelines, regulations and activities that were reviewed 

during the evaluation of the program listed above. 

 Sidewalk ramp connectivity to state trunkline roadways and compliance with current standards. 

 2. Describe any item listed in number 1 that limits persons with disabilities from 

participating in this program. Attach separate sheet if necessary. If there are no 

limiting practices or policies, skip question 2a and 2b, answer 3 and proceed to the next 

program to be evaluated using additional copies of Part A of this form. 

 Not all roadway pedestrian crossings are joined with sidewalk ramps meeting current MDOT 

standards. 

 a. Describe the steps that will be taken to eliminate limiting practices or policies 

identified above. 

 All sidewalks intersecting state trunkline roadways have been assessed for compliance with 

the most current MDOT sidewalk ramp standard. All road and bridge projects programmed 

for new construction, reconstruction or alteration will include in its scope of work the 

upgrading of sidewalk ramps identified in the statewide sidewalk ramp assessment as non-

standard. This practice will apply for all current and future budgeted program periods so that 

accessibility in design and construction evolves with the roadway and pedestrian 

infrastructure. While the measure of compliance has and will evolve based on refinements to 

state and national standards, accessibility is also measured by the elimination of barriers. The 

presence of curb ramps provides at a minimum a barrier free path. The status and goals will 

be adjusted periodically with the Department’s annual call for projects. The goals for the 

current Five-Year Transportation Highway Program are as follows; 

 Table with 8 columns and 10 rowsREGION 

TOTAL 

CROSSING 

POINTS 

2008 

PROJECTED 

 

 

% 

COMPLIANT 

% BARRIER 

FREE 

% 

COMPLIANT 

% BARRIER 

FREE 

 

 

 

 

2009 

2014 

2009 

2014 

Bay 

6138 

13% 

81% 

14% 

16% 

81% 

85% 

Grand 

2735 

3.4% 

95.1% 

8.3% 

41.2% 

95.1% 

95.9% 

Metro 

15653 

15.9% 

94.3% 

15.9% 

28.1% 

94.3% 

99.1% 

North 

3035 

7.8% 

90% 

11.9% 

32% 

90% 

93% 

Southwest 

6493 

0.12% 

82.12% 

2.16% 

5.4% 

84.2% 

87.4% 

Superior 

2515 

12% 

100% 

14% 

33% 

100% 

100% 

University 

4,440 

5.63 

89.6% 

14% 

32.5% 

91.4% 

92.2% 

Table endDetailed information regarding specific locations can be obtained by contacting the Region Offices. 

  Table with 5 columns and 8 rowsREGION 

CONTACT 

ADDRESS 

PHONE 

Bay 

Linda Burchell 

55 E. Morley Drive 

Saginaw, MI 48601 

989-754-0878, Ext. 226 

Grand 

Tim Little 

1420 Front Avenue N.W. 

Grand Rapids, MI 49504 

616-451-6116 

Metro 

Mike Eustice 

18101 W. Nine Mile Road 

Southfield, MI 48075 

248-483-5102 

North 

Jason Gailitis 

1088 M-32 East 

Gaylord, MI 49735 

989-731-5090, Ext. 301 

Southwest 

(Interim) 

1501 Kilgore Road 

Kalamazoo, MI 49001 

269-337-3930 

Superior 

Raymond Roberts 

1818 3rd Avenue North 

Escanaba, MI 48929 

906-786-1830, Ext. 310 

University 

Willard Thompson 

4701 W. Michigan Avenue 

Jackson, MI 49201 

517-750-0425 

Table end b. If limiting practices or policies can not be eliminated describe the reason(s) 

 In accordance with the ADA guidelines, where conditions do not permit full compliance 

with the standards in conjunction with roadway alterations, the standards will be met to 

the maximum extent feasible. 

 It is expected that locations not altered by the MDOT Transportation Highway Program 

are to be addressed by the Title II local agency having authority, ownership and 

maintenance responsibility of the pedestrian facility. 

 3. Each program should be examined to determine whether it falls within the definition 

for a historic program and whether it provides access to persons with disabilities. If 

applicable, describe on a separate sheet steps to be taken to ensure alternate ways of 

providing access to this historic program are available to persons with disabilities. 

 This program is not historic in general but historic buildings and districts are sometimes 

encountered. Conflict resolution is coordinated with MDOT historians and the state historic 

preservation officer. Accessibility is provided to the maximum extent feasible without 

destroying or threatening historic significance.