The DVT Risk Control (RC) Department receives periodic inquiries regarding the permissibility of rainbow crosswalks. For those unfamiliar, a rainbow crosswalk is an art installation where the unpainted areas of the white crosswalk are filled in with various bright colors to celebrate diversity and inclusiveness. Related but distinctly different is “asphalt art” where a picture is painted on a portion of a roadway not associated with a standard traffic safety marking.

Late last year, the long-anticipated 11^th Edition of the Manual on Uniform Traffic Control Devices (MUTCD) was released. This document is periodically issued by the U.S. Department of Transportation (DOT) / Federal Highway Administration (FHA) and seeks to:

 “…establish uniform national criteria for the use of traffic control devices that meet the needs and expectancy of road users on all streets, highways, pedestrian and bicycle facilities, and site roadways open to public travel.¹”

Some expected the prohibition on rainbow crosswalks to be dropped in the update. Unfortunately, the DOT/FHA maintained the former prohibition. This is primarily due to the mission of the agency to create consistency in the appearance of traffic safety markings. Variations in crosswalk color, design or texture is deemed undesirable from a traffic safety perspective as it could lead to unsafe driver and pedestrian behaviors. Some minor variations in crosswalk color are permitted. For example, incorporation of brick red, rust, brown, burgundy, clay, tan, or similar earth-tone equivalents.^2,3

While rainbow crosswalks are a non-starter, the DOT/FHA did go on record to acknowledge that  the agency does not regulate other types of roadway art. Thus, if for example a community group wishes to paint a mural in the middle of an intersection, this type of art installation would  not be subject to the same prohibitions. Obviously, the art should not create a traffic or pedestrian hazard. An example of this would be using high gloss paints which alter the friction properties of the roadway making skids and slips more likely. Nonetheless, anyone wishing to install asphalt art should check with the local authority and state agency having jurisdiction over the roadway to obtain permission before proceeding. In some cases, it may not be feasible to close a roadway to allow for the art installation to be installed and dry properly.

For those interested, the following relevant excerpt appeared in the 12/19/2023 Federal Register accompanying the release announcement of the 11th Edition of the MUTCD:

The new edition of the MUTCD only addresses those colored pavements that are traffic control devices, or those aesthetic surface treatments that interact with traffic control devices, as the scope of the MUTCD is limited to traffic control devices. Colored pavements used for traffic control purposes communicate regulations, guidance, and warnings to road users; supplement other standard markings with standard, solid color applications to pavement; and meet retroreflectivity criteria where applicable in accordance with the MUTCD.

In contrast, surface treatments that are purely aesthetic do not include retroreflective elements; do not communicate regulations, guidance, warnings, or other information to road users; and do not interfere with or mimic traffic control devices. These aesthetic surface treatments are sometimes referred to as “street murals” or “asphalt art,” and might be a single solid color, or their designs might include multiple colors. Because these treatments are generally outside the scope of the MUTCD, the MUTCD does not prohibit them within the roadway right-of-way. Rather, as may be allowed by other Federal, State, or local statute, regulation, or policy, the determination of the acceptability of aesthetic surface treatments on street or highway right-of-way is determined by local or State authorities that have jurisdiction over the roadway. Therefore, the determination as to whether a particular aesthetic surface treatment is acceptable for use in the highway right-of-way falls outside the scope and provisions of the MUTCD except to the extent that the treatment might interfere with or mimic a traffic control device.⁴

Source

***

Anyone with questions on rainbow crosswalks, asphalt art or street murals is encouraged to contact their lead Risk Control Consultant or call the Risk Control Department at 215-706-0101.

***

¹“MUTCD 11th Edition – Part 1.” United States Department of Transportation – Federal Highway Administration, mutcd.fhwa.dot.gov/pdfs/11th_Edition/part1.pdf. Accessed 23 Sept. 2024.
²“MUTCD 11th Edition – Part 3.” United States Department of Transportation – Federal Highway Administration, mutcd.fhwa.dot.gov/pdfs/11th_Edition/part3.pdf. Accessed 23 Sept. 2024.
³“Interpretation Letter 3(09)-24(I) – Application of Colored Pavement.” United States Department of Transportation – Federal Highway Administration, mutcd.fhwa.dot.gov/resources/interpretations/3_09_24.htm. Accessed 23 Sept. 2024.
⁴“The Federal Register.” Federal Register, www.federalregister.gov/documents/2023/12/19/2023-27178/national-standards-for- traffic-control-devices-the-manual-on-uniform-traffic-control-devices-for. Accessed 23 Sept. 2024.