This blog was authored by Bella Alvarado, an NLC Menino Fellow and edited by Georgia Gempler, Program Manager, Health & Wellbeing in the Center for Municipal Strategies and Programs
When most people think of public art in transportation, they picture a mural under a highway overpass. Something nice to look at, but ultimately decorative. Across the country, though, cities are proving that public art in and around transportation spaces can do far more than beautify. It can make streets safer (PDF), sustain local economies and change how communities participate in planning.
But before embarking on an arts project in a transportation space or in the right-of-way, it is important for cities and towns to understand the regulatory landscape governing public art near transportation infrastructure. This blog introduces this policy landscape and features examples of city projects.
Regulations and Risks
Safety and Transportation Design Regulations
To ensure drivers understand all road signs and layouts — no matter what state they are driving or walking through — local and state governments adhere to federal best practice guides and regulations for roads including the Federal Highway Administration’s Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD lays out the standards for traffic control devices, like crossing markings, signs and traffic lights. MUTCD has guidance for some 3-D crossing designs, but most aesthetic surface treatments like highway overpass murals or painted crosswalks often cause questions about safety risks and disability access issues, as well as local government liability risks.
Local governments should:
- Ensure that any public art proposed in transportation spaces follows transportation best practices and appropriate federal and state regulations, including requirements listed in any federal grants that a city may currently be applying for or wish to in the future.
- Be aware of restrictions affecting public art and public spaces, as cities increasingly face pushback over local asphalt art and crosswalk art projects, leading to the expensive removal of public art.
- Consider the safety risks of placing sculptures or 3-D artwork near intersections.
Accessibility
Public space modifications due to public art may become a legal liability if they affect the accessibility of public infrastructure in violation of the Americans with Disabilities Act (ADA). This is especially pertinent to public art on sidewalks or affecting building entryways. Cities should ensure that their public art approval process includes consideration of ADA compliance.
Artistic Rights
Artists have rights outlined by the Visual Artists Rights Act (VARA), which protects public artwork from being removed or modified. Cities must account for this when commissioning permanent or temporary public art in any setting. Artists have recommendations for cities on how to do this.
What Cities Have Done
Cities are navigating the state and federal regulatory landscape to use public art to creatively solve local challenges near transit spaces, in alignment with the MUTCD.
1. Improving Pedestrian Safety
Murals on sidewalks, streets and crosswalks can make drivers slow down and pay attention. In Washington, D.C., the Color the Curb program brings community-designed murals to school crosswalks where children are most vulnerable. The program coordinates three agencies: DDOT identifies high-traffic crossings through its Safe Routes to School initiative, the Commission on Arts and Humanities manages artist funding and onboarding and DC Public Schools facilitates engagement at the school level, where students and teachers collaborate directly with artists on the design process.
Programs like these are part of a growing national movement. The Bloomberg Philanthropies Asphalt Art Initiative has supported 100 similar projects across North America and Europe, and a Bloomberg-commissioned safety study (PDF) of 17 sites found a 50 percent decrease in crashes involving pedestrians or cyclists, a 37 percent reduction in injury-causing crashes and a 27 percent increase in drivers yielding to pedestrians after asphalt art was installed. Even smaller-scale interventions like micromobility corrals — street murals within protected parking areas for bikes and scooters — are showing promising results by making micromobility infrastructure more visible and prompting drivers to slow down.
2. Rethinking Community Engagement
Forget town halls; creative community engagement is more effective. Traditional public hearings rarely reach the communities most affected by transportation decisions, and some cities are turning to artists to change that.
When Boston, Mass. set out to build a long-term transportation plan, the GoBoston 2030 initiative began by sending a glass truck into neighborhoods across the city to collect residents’ questions about the future of mobility. That “Question Campaign,” combined with social media and community events, gathered over 5,000 responses. The city then partnered with the Design Studio for Social Intervention to build a two-day Visioning Lab where over 650 residents interacted with multimedia exhibits, created drawings of their vision for mobility and responded to draft planning goals, all in a space activated by local artists, performers and musicians.
The process generated more than 3,700 ideas and produced a plan for 58 projects, more than half of which are now underway (Go Boston 2030 ReVisioned). When cities get creative with how they listen, they can unlock the perspectives of hard-to-reach residents, resulting in more equitable and responsive transportation outcomes.
3. Mitigating Construction Disruption
Construction doesn’t have to mean destruction for local businesses. Major infrastructure projects can devastate the neighborhoods they are meant to serve, disrupting businesses, displacing foot traffic and straining community relationships.
In Saint Paul, Minn., the Irrigate program offered one answer. During Green Line light rail construction along University Avenue, Springboard for the Arts partnered with the city to deploy roughly 600 neighborhood artists along the corridor to support the local economy. Artists were paired directly with small businesses, creating storefront installations, organizing block parties that drew foot traffic back to the construction zone and helping local owners stay visible during years of disruption. Over 36 months, those artists completed 150 creative placemaking projects and generated over 50 million positive media impressions, shifting the corridor’s narrative (Irrigate Toolkit). The model has since been adopted by cities including Cleveland, Ohio; Nashville, Tenn.; and Mesa, Ariz.
None of these projects happened by accident. Each one was made possible by city leaders who championed the work; cross-departmental collaborations that broke down silos while navigating federal and state regulations; and strong partnerships with community organizations that brought credibility and local knowledge to the table.
Where to Start
- Assess your city’s transportation safety needs. Work with your Department of Transportation to analyze existing data: crash reports, 311 complaints, construction timelines and engagement gaps. Where are the pain points and where might art offer a creative solution?
- Involve your city’s ADA Compliance Officer, Grants Manager and Department of Transportation from the start. Ensure any public art in the public way is ADA-compliant and meets federal regulations as outlined in the MUTCD. Involve them before the art design process starts so artists are aware of important limitations.
- Encourage cross-departmental collaboration. These projects need champions inside government who will navigate permitting and regulations, coordinate across agencies and advocate internally. Find staff who are willing to lead, and think about how partners might assist with project management and artist coordination.
- Connect with your Local Arts Agency. Discuss the kinds of artists, both in skillset and expertise, that you’ll need for these projects. You likely don’t need to start from scratch. Local arts councils, public art commissions and nonprofit intermediaries often have networks of artists ready to collaborate. Attend a local arts event or reach out to an intermediary to start the conversation.
- Make procurement for artists accessible. Ensure that your city’s existing procurement and contracting processes are easy for artists to navigate, and if they aren’t, make the necessary changes. Outline how you will compensate your artists. Many cities start with external funding while building dedicated budget lines within city agencies.
- Engage your community. Public art projects cannot be a collaboration between the artist and the city alone. Community members need a voice in the process to increase the likelihood of positive reception and long-term success.
Celebrate National Arts & Health Day
Join NLC in celebrating National Arts & Health Day on Saturday, July 25, by highlighting how the arts contribute to the wellbeing of your community. Proclaim the 25th as National Arts & Health Day in your city, town or village and then join the conversation on social media by showing off artwork from your hometown with the official National Arts & Health Day social frame.
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