§264-20  Flexibility in highway design;
liability of State, counties, and public utilities.  (a)  If a highway,
including any bridge, principal and minor arterial road, collector and local
road, or street, requires new construction, reconstruction, preservation,
resurfacing (except for maintenance surfacing), restoration, or rehabilitation,
the department of transportation with regard to a state highway, or a county
with regard to a county highway, may select or apply flexible highway design
guidelines consistent with practices used by the Federal Highway Administration
and the American Association of State Highway and Transportation Officials. 
Flexibility in highway design shall consider, among other factors:



(1)  Safety, durability, and economy of maintenance;



(2)  The constructed and natural environment of the
area;



(3)  Community development plans and relevant county
ordinances;



(4)  Sites listed on the State or National Register of
Historic Places;



(5)  The environmental, scenic, aesthetic, historic, community,
and preservation impacts of the activity;



(6)  Access for other modes of transportation,
including but not limited to bicycle and pedestrian transportation;



(7)  Access to and integration of sites deemed
culturally and historically significant to the communities affected;



(8)  Acceptable engineering practices and standards;
and



(9)  Safety studies and other pertinent research.



(b)  Any other law to the contrary
notwithstanding, any decision by the State, the department of transportation, a
county, or any officers, employees, or agents of the State, the department of
transportation, or a county to select or apply flexibility in highway design
pursuant to this section and consistent with the practices used by the Federal
Highway Administration and the American Association of State Highway and
Transportation Officials shall not give rise to a cause of action or claim
against:



(1)  The State;



(2)  The department of transportation;



(3)  The counties;



(4)  Any public utility regulated under chapter 269 that
places its facilities within the highway right-of-way; or



(5)  Any officer, employee, or agent of an entity
listed in paragraphs (1) to (4).



(c)  The exception to liability provided in
subsection (b) applies only to the decision to select or apply flexibility in
highway design pursuant to this section and does not extend to design,
construction, repair, correction, or maintenance inconsistent with subsection
(a). [L 2005, c 185, §2; am L 2006, c 70, §1]