Fixing Our Compromised Interstates and Highways

29north
U.S. 29 north of Charlottesville. Once upon a time, this was a highway. (Photo credit: C-ville.com.)

Over on Strong Towns Chuck Marohn is running a five-part series on how to restructure transportation policy in his home state of Minnesota. Despite a different state/local government structure and different spheres of authority for the two states’ transportation departments, many of his proposals carry over to Virginia. In today’s missive, he tackles three issues that seem particularly pertinent to the Old Dominion.

Interstate highways. Marohn outlines his idea of a “base” Interstate system, which performs the function for which it was originally designed of connecting major cities, or centers of economic activity. A base of two lanes (each direction) should be maintained by federal gas-tax dollars for the purpose of “making high speed connections between productive places.” The purpose of the Interstate system is to move people, goods and materials as quickly and efficiently as possible between economic centers, not moving them as fast as possible within economic centers.

Marohn does not say so explicitly but his commentary implies it: Any lanes built beyond that two-lane base are required for local or regional connectivity, hence, should be the responsibility of state, regional or local authorities, not the federal government. He then suggests that these lanes be subject to congestion pricing. “The revenue from this fee will … be sequestered to fund maintenance of the extra capacity and, where needed, future expansion of the corridor (by whatever mode is most feasible).”

Interstate exchanges. Interstate exchanges should be built and paid for with federal dollars at the rate of no more than one interchange per six miles outside a municipality. Their maintenance should be paid for with the federal gas tax. If someone wants to build additional interchanges, construction should be financed by means of “value capture,” a tax assessment on property owners whose values would rise as a result of the improvement. If value-capture financing cannot support the cost of constructing the interchange, there is no economic justification for it, and building it represents nothing but a wealth transfer from the general public to private property owners.

State highways. Marohn suggests that federal funds should be applied to maintaining the equivalent of one lane (each way) for state highways, with additional lanes to be maintained and expanded as needed by means of congestion charges. That’s an elegant idea in theory but I worry about its applicability in the real world. Not only are there costs associated with administering congestion charges but it would be prohibitively expensive to segregate individual lanes on state highways, especially where those highways have been co-opted by urban transportation systems with lots of traffic lights, cut-throughs, driveways and entry points. I’ll set that aside as a utopian ideal for the moment to focus on what I think is an economically feasible idea.

Under Marohn’s scheme, any private access to a state highway where the speed limit is set at 30 m.p.h. or greater should be subject to an annual access fee.

The fee will be based on a ratio of the traffic on the highway versus the traffic accessing the highway, using methodology currently applied in signal placing and benefit/cost analysis. Under such a system, a farmer with a driveway on a remote state highway might pay $25 per year since the impact of a single home on a low volume roadway would be minimal. A strip mall on a congested corridor may pay thousands (or more) to offset the cost of slowing traffic on the highway. The access fee is compensation to the general taxpayer for degradation of the highway’s capacity, which the general taxpayer funded.

That seems eminently doable. I would argue that existing access points should be grand-fathered, otherwise the political hue and cry would be so deafening that it would be impossible to pass legislation to put the idea into effect. But at the very least, Virginia should begin charging for new access to state highways.

Marohn proposes a more complicated mechanism for urbanized areas where highways have been compromised by a profusion of intersecting streets, traffic signals, cut-throughs, curb-cuts and the like.

Within cities, in areas where the speed limit is less than 30 mph, all properties within half a mile of the highway (measured perpendicularly) shall have a highway surcharge on their property tax. The surcharge will be based on the value of the land (higher valued land will pay more, note it is the land only and not the total improved property value) and is meant to pay for (a) the added costs of constructing and maintaining an urban highway, and (b) compensation to the general taxpayer (who funded the system) for degradation to the highway’s capacity. It should likewise be sequestered for this purpose.

That’s an interesting idea but it raises a lot of questions, not the least of which is, why charge property owners as much as a half-mile from the road as opposed to dunning those with curb-cuts emptying directly onto the highway? Still, it’s a good place to start the conversation.

I would suggest one modification: The revenues raised from an access charge should go into a fund that is used to purchase the rights to grandfathered access points. The goal over the next five decades or so would be to convert state highways back to the unencumbered highways they were a half-century ago.

Finally, I would argue that, here in Virginia, it would be politically impossible to implement such an overhaul statewide. But it might be feasible to introduce the idea by means of pilot projects. The perfect place to begin field-testing the idea would be U.S. 29, with a focus on the congested area north of Charlottesville. The McAuliffe administration should pull the plug on the proposed Charlottesville Bypass and use the funds to implement the Places29 plan. An adjunct to that plan would be an access management plan to protect whatever integrity is left to the U.S. 29 corridor up and down its entire Virginia length. Using U.S. 29 as a test bed to iron out the wrinkles of the access-management program would pave the way for protecting the state’s other highway corridors.


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14 responses to “Fixing Our Compromised Interstates and Highways”

  1. larryg Avatar

    a certain amount of re-creating the wheel here without really showing how the current system works – and why it’s not best.

    Federal Highway determines interchange and other access policies for the interstates and I think they do a decent job myself.. not much to complain about.

    VDOT has ramped up their access management efforts – and again – from what I can see – they are actively involved in trying to protect and preserve and rehabilitate US signed and State primary roads – though some like Charlottesville are works in progress and I’d like to see, myself, some kid of performance spec for Places 29… to see what the goal is for traffic flow through Charlottesville on Rt 29.. because it’s that issue that is driving the bypass. Rt 29 does not “belong” to Cville – it’s a Federal Aid US signed highway that is one part of a significant highway to connect Va and North Carolina. We have to deal with that reality in my view.

    on the value capture – how would it be proposed to do this is the State DOT does not determine land-use and zoning?

    surely a conservative blog would not advocate the State or the Feds to get into the land-use/zoning sphere – or let’s put it this way – if you do – then you need to lay it out beyond some fuzzy concept.

    I’m totally on board with the tolls and especially congestion tolls. I think you have to put a price on “availability” – because roads are not “available” at the same level – at any time – no more than water/sewer or electricity are and it’s time to bring “surge pricing” to these things the same way we have “surge pricing” for airline tickets and concerts and good old gasoline … which varies in price by the hour and I hear no cries of outrage.. it’s understood…and accepted…

  2. You don’t need new zoning for value capture. You need a special tax district and a related tax authority. The tax authority issues the bonds, the tax district generates revenue to pay back the bonds. Local governments always have the option to increase zoning in the tax district as a way to sweeten the pot for the participants, but only if needed. The state and feds would have nothing to do with that.

    1. larryg Avatar

      re: ” The state and feds would have nothing to do with that.”

      I thought the point was to use the tax district money to pay for the infrastructure… no?

      I think the Feds and the State would have a huge say about the design of the improvements.. and thence the cost…

      and FHWA will not allow an interchange anyhow just because someone proposes one (and can pay for it). Typically FHWA specifies the minimum acceptable infrastructure – which in many urban areas includes CD lanes.

      you’re just not going to build your idea of the interchange. You submit to the Feds your proposal – called an interchange justification report and then they tell you what you have to build (or not)….

      but in any case – the current owners of the land that is in the path of the prospective upgrades is not going to take kindly to efforts to use Eminent DOmain to get their property -then turn around and re-sell it with zoning and transportation district taxes.

      If not mistaken -you have to get 51% of the current owners to agree to a transportation district. It usually only “works” if there is only a few owners of large parcels.

      but no one should underestimate the requirements that FHWA would put on proposals.

      We have one down this way that will cost 300 million to do what FHWA requires…

    2. Roadster Avatar
      Roadster

      As someone who has a fair amount of experience working special taxing districts in another state, I would suggest preparing for a *huge* increase in the costs/budget of the AG’s office. Everything is great when you have 100% concurrence with everyone in the proposed district (rare). As soon as someone objects to being included, accusations of gerrymandering the boundary, the method of assessment is questioned (e.g. how much more does the hardware store pay over the tanning salon), condemnation for the road becomes necessary (if it only benefits those in the district, can the State condemn?), etc., often the only thing accomplished is making lawyers’ boat payments.

  3. larryg Avatar

    Sometimes I notice the differing perspectives here in terms of where folks live – in urban settings, rural or suburban.

    My perspective is derived in part because I live in an Exurban bedroom community – so I often try to validate premises especially with regard to transportation but also with respect to Virginia’s near unique status of having the State DOT responsible for nearly all roads including county roads and subdivision road – unlike most other states.

    VDOT’s policy does not extend to Cities and Towns and 2 counties in Va, Arlington and Henrico – who function more like cities and towns in Va.

    The Cities and Towns and the 2 counties do not control all roads within their borders. If an interstate, or Federal signed road or a state signed road is within the boundaries, VDOT and FHWA make those calls.

    Local Access roads – what we call Secondary roads and city streets – characterized under Functional Classification standards – primarily into 3 levels – local, connector and arterial.

    Arterial Provides the highest level of service at the greatest speed for the longest uninterrupted distance, with some degree of access control.

    Collector Provides a less highly developed level of service at a lower speed for shorter distances by collecting traffic from local roads and connecting them with arterials.

    Local Consists of all roads not defined as arterials or collectors; primarily provides access to land with little or no through movement.

    The arterials are the province of the State and Feds – whose mission is to achieve the defined purposes of Arterials –

    Sometimes when I hear about things like Places 29 in Cville, I wonder if folks understand the reason and purpose of these functional classification standards.

    Local roads are the province of the localities and their fundamental purpose is access to private property –

    what Chuck Marohn seems to be advocating is that local towns and cities control and determine policy with regard to arterials – whose primary purpose is not to function as local roads – and to essentially determine the access policies between local roads and primary/arterials.

    I’m not necessarily in disagreement – yet – but I’d need to see more about why the current policy is wrong .. what needs to be fixed.. would the fundamental role of arterials and their control still be handled by VDOT and FHWA but policy changes about access to cities/towns, etc

    In other words – we have a fairly explicit and detailed policy, perhaps with flaws.. on how access is determined but VDOT/FHWA are first and foremost trying to maintain and preserve the transportation utility of the arterials .. and usually do not have cities opposed to better access… and the “usually” has some big exceptions – including Arlington – and Cville who both see the right of the city as higher than the “Arterial Provides the highest level of service at the greatest speed for the longest uninterrupted distance, with some degree of access control.” – at least in terms of their proximity and location relative to the city/town.

    It’s a worthwhile discussion but my overall concern is – if we establish a precedent that say Cville “owns” Rt 29 “more” than VDOT does – then what does that mean .. what results from that for all roads like Rt 29 or even Interstates?

  4. Roadster Avatar
    Roadster

    “Under such a system, a farmer with a driveway on a remote state highway might pay $25 per year since the impact of a single home”

    This is where it starts, but never where it ends…Tinkering with rates for special groups/situations (e.g. poor, electric vehicles, favored business, veterans, elderly, on and on…) will inevitably begin soon thereafter. In short order you’ll have something equivalent to the tax code to work through to determine if you can leave your driveway.
    Please don’t begin paving our roads with good intentions….Think through where it eventually leads.

    1. You make a valid point. As soon as such a system was enacted, people would begin lobbying to game the system. That’s in our DNA. But you have to consider, every time someone makes a curb cut or driveway to enter a state highway, they are detracting from the commons paid for with public tax dollars.

      1. Roadster Avatar
        Roadster

        True, but also consider that the one putting in the curb cut is paying the taxes (already). It is really too early to fully judge VDOT’s stepped-up emphasis on access management – I’m for letting it play out, but also requiring shining the light on every pol that “influences” VDOT for waivers to the policy for, say, a corner gas station by a spirited donor , uh, constituent.

  5. larryg Avatar

    If you think about it – access to property is a fundamental right. Consider what your property would be worth or what it could be used for if you had no right to access it – not from other people’s property – and not to a public road.

  6. larryg Avatar

    transportation taxes on land .. supplemental taxes – can be done in a number of ways… but I think the idea of denying a curb cut or charging for it is problematical.

    I don’t think you can deny it easily except for interstates which do and for other limited access roads such as Rt 29 near Lynchburg which has intersections and curb cuts but limited (and I don’t know the rules, wish I did).

    Normally what VDOT does is determine what the scope of the impacts are then requires upgrades to the infrastructure which can range from a right-in, right-out to a major traffic signal and added turns lanes and accel/deccel lanes, etc..

    but I’m also amused by the govt “social engineering” aspect of this proposal and agree with Roadster that of all the folks you’d think would sign on to this kind of thing – you’d not think Conservatives would like it.

  7. Interesting that you mention the capturing of value created by roads. How about compensating property owners whose residential property values are negatively impacted by construction of a new road? Currently, those whose property is taken, as little as one foot of property, are compensated fully while adjacent properties that may be impacted as much or more are not compensated at all. The uncompensated destruction of property value is a major hidden subsidy of road construction, and is in my opinion, theft pure and simple under cover of authority.

    1. You’re right, some roads can hurt property values — they’re called stroads. I’ve written a lot about stroads (street/roads) on this blog, based on the writing of Charles Marohn. Do a search — check it out. State/local government needs to stop building stroads.

      1. but what pekoe is saying is that these abuses occur independent of the “good” purpose of a road.

        property owners traditionally are not fairly compensated for the economic damage that occurs when their land is taken – as the future economic earning potential is not included usually nor is damage to economic potential of remaining partitioned parcels compensated.

        that happens regardless of whether it is a “stroad” or not.

        some changes have been made recently to compensate more fairly but govt organizations like VDOT and the Virginia association of counties and cities opposed the law to require more fair compensation.

        their argument – with no shame at all – was that if they have to pay more for property then it will cost the taxpaying public more – so they as much as admit that they are willing to victimize individuals for the betterment of other taxpayers.

        the irony here is that many free-market folks who are opposed to the govt in various ways – take for granted – public roads and how they got to be public from a private owner.

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