highways.
(a) Bridges with sidewalks.--When a bridge is built with a
sidewalk or when a concrete barrier is installed, modified or
rehabilitated on a bridge with a sidewalk over an interstate or
other limited access highway, the department shall install
protective fencing.
(b) Bridges without sidewalks.--When a bridge is built
without a sidewalk or when a concrete barrier is installed,
modified or rehabilitated on a bridge without a sidewalk over an
interstate or other limited access highway, the department, as
part of its preliminary design process, shall consider
protective fencing at all of the following locations:
(1) On an overpass near a school, playground or other
site where it would be expected that the overpass would be
frequently used by children.
(2) On an overpass in an urban area used exclusively by
pedestrians and not easily kept under surveillance by police.
(3) On an overpass where experience relating to nearby
structures indicates a need for protective fencing.
(4) On an overpass where there have been incidents of
objects being dropped or thrown from the overpass and where
increased surveillance, warning signs or apprehension of
offenders has not effectively alleviated the problem.
(c) Exceptions.--The provisions of subsection (a) shall not
apply if:
(1) a protective barrier is required on the bridge; or
(2) the fencing would obstruct scenic views of the area
and the local government for the municipality in which the
bridge is located:
(i) decides that fencing must not be placed on the
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