ADA Best Practices Tool Kit for State and Local Governments

2. Age of Streets and Sidewalks

In addition, the requirements vary depending on the age of a highway, road, street, or sidewalk, and depending on when and whether it was paved, repaved, resurfaced beyond normal maintenance, or otherwise altered.

“Pre-ADA” streets, sidewalks, roads, and highways are those that were built before January 26, 1992, and have not since been altered.

“Alterations” are another category of construction under the ADA. A street or sidewalk falls into this category if it was constructed pre-ADA (construction began before January 26, 1992), and has since been altered. What does “altered” mean? An alteration is a change that affects usability. Resurfacing a roadway beyond normal maintenance is an alteration. By contrast, filling potholes is not.⁸

For purposes of the ADA, any street or sidewalk is “new” or “post-ADA” if its construction commenced after January 26, 1992.⁹