Questions & Answers: Supplement to the 2013 DOJ/DOT Joint Technical Assistance on the Title II of the ADA Requirements To Provide Curb Ramps when Streets, Roads, or Highways are Altered through Resurfacing

Q3: If a roadway resurfacing alteration project does not span the full width of the road, do I have to put in curb ramps?

A3: It depends on whether the resurfacing work affects a pedestrian crosswalk.  If the resurfacing affects the crosswalk, even if it is not the full roadway width, then curb ramps must be provided at both ends of the crosswalk.  See 28 CFR 35.151(i). 

Public entities should not structure the scope of work to avoid ADA obligations to provide curb ramps when resurfacing a roadway.  For example, resurfacing only between crosswalks may be regarded as an attempt to circumvent a public entity’s obligation under the ADA, and potentially could result in legal challenges.

If curb ramp improvements are needed in the vicinity of an alteration project, it is often cost effective to address such needs as part of the alteration project, thereby advancing the public entity’s progress in meeting its obligation to provide program access to its facilities.  See Question 16 for further discussion.