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Transportation Art Definitions

Approved Transportation Art Proposal (TAP): A completed package sent to the Caltrans Encroachment Permit office for final approval and issue of final conditions of approval (such as inspections, safety procedures during installation, acceptance of the final artwork, etc.). See “Transportation Art Proposal” for more information.

Art (Transportation Art, or TA): Graphic or sculptural artwork, either freestanding or placed upon a required engineered transportation feature (such as a noise barrier, retaining wall, bridge, bridge abutment, bridge rail, or slope paving) that expresses unique attributes of a community’s history, resources, or character.

Artist: The person or persons responsible for developing the concept of the art to be installed. This person typically will produce drawings, photographs, or other depictions of the two- or three-dimensional creative work. The artist is not necessarily the same as the person who installs the artwork in the state right-of-way, though if the installer injects their own creative interpretations, that person may also be considered an artist. Not all who develop an idea that is conceptualized is considered an artist. If the work is not unique to the community it represents, or is a part of a corridor aesthetic plan, it is not considered 'art'. Confirm with HQ Transportation Art coordinator regarding any installation proposed as ‘aesthetics” that is designed by non-Caltrans Design staff.

CAPA: California Art Preservation Act of 1979, California law which confers certain rights to artists of works of fine art (original paintings, sculptures, drawings or original works of art in glass, of recognized artistic quality), including, but not limited to, the right to prohibit the intentional commission of any physical defacement, mutilation, alteration, or destruction of a work of fine art by any person or entity who possesses or owns the fine art.

Community Identification: Community identification includes visual images, graphics, sculptural artwork, or text that is placed on a required engineering feature (such as a noise barrier, retaining wall, bridge, bridge abutment, bridge rail, or slope paving) that expresses unique attributes of a community’s identity, history, resources, character, or other defining characteristics. When community identification includes visual images, graphics, or sculptural artwork, these elements must be administered through the transportation art process. Community Identification is covered in the PDPM, Chapter 29, Section 10.

Copyright License and Waiver of Moral Rights in Artwork (CLAW): The contract between Caltrans and the Artist to allow Caltrans to own the art installed on State property and conduct any repair, removal, or restoration needed.

Copyright Owner: The owner of all Copyright interests in the work, as defined and enforced under the U.S. Copyright Act of 1976, to whom the law grants specific and exclusive rights to do and authorize any of the following:  1) to reproduce and make copies of the work; 2) to prepare derivative works based on the work; 3) to sell or distribute copies of the work to the public or other transfer of ownership, or by rental, lease, or lending; 4) to display the work publicly; 5) to perform the work publicly;  and 6) to enforce the work against unauthorized use.

Copyrights: A form of protection provided, as defined and enforceable under the U.S. Copyright Act of 1976, to authors of original works of authorship.  The original works of authorship include all categories of artistic work protectable under the copyright laws, including but not limited to, the intangible property rights in pictorial, graphic, architectural, and sculptural works, fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated either directly or with the aid of a machine or device.

District Director (DD): Highest authority signature at the District level. The District Director approves the Final Transportation Art Proposal after all the program conditions are met. District Directors can delegate this responsibility to others.

District Maintenance Agreements Coordinator (DMAC): The district coordinator who assists in obtaining and processing the Transportation Art Maintenance Agreement.

District Transportation Art Coordinator (DTAC): A Caltrans representative responsible for guiding the Transportation Art approval process in the district.

Double Permit:  When encroachment work is performed by someone other than the permit holder, the contractor may be required to obtain a permit for the work. This is called double permitting and is required when the original permittee is a public corporation having its work performed by contract.

Encroachment Permit: And encroachment permit is required before any work is done on Caltrans right-of-way. An "encroachment" is defined in section 660 of the California Streets and Highways Code as “any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure, object of any kind or character not particularly mentioned in the section, or special event, which is in, under, or over any portion of the State highway rights of way. “Special event” means any street festival, sidewalk sale, community-sponsored activity, or community-approved activity.”

Final Artwork: The original visual artwork developed, designed, and/or created by artist commissioned exclusively for the Project, and as detailed in the project description, provided by artist and the Local Agency and approved by State through the Transportation Art and Community Identification Proposal application process. 

Gateway Monument: Gateway monuments are any freestanding structure or sign, non-integral or non- required highway feature that communicate the name of a local city, county or incorporated town. For visual images, graphics, or sculptural work, integrated into the gateway monument, these elements must be administered through the transportation art process. Gateway monuments are covered in the PDPM, Chapter 29, Section 11.

Statewide Transportation Art Coordinator (STAC): Headquarters' single focal point to provide guidance with the Transportation Art approval process. 

Local Agency: The public agency that proposes, installs, and maintains Transportation Art. The Local Agency may be a city, county, incorporated town, tribal government or non-federally recognized tribe. Artists cannot install art without a Local Agency involved.

Local Agency Agreement: The agreement between the artist and the Local Agency pertaining to, but not limited to, the design, installation, operation, maintenance, removal of the transportation art, and the incorporation of the executed and notarized "Assignment and Transfer of Copyright and Waiver of Moral Rights in Artwork" by State and artist(s) as part of the Local Agency Agreement. 

Local Agency Representative (Applicant): A representative of a city, county, tribal government, or non-federally recognized tribe that sponsors the project and serves as the applicant for the installation of Transportation Art on State right-of-way.

Project Development Program Manual (PDPM): The manual that outlines guidance and rules of project development. Transportation Art is covered in Chapter 29, Section 9.

Transportation Art Proposal: Transportation art proposal application used by the sponsoring agency to submit its transportation art proposal project for review, consideration, processing and approval by State. The stages of the TAP are:

  1. Preliminary Proposal: Step 1 of the review process – An application for Transportation Art ready for review by the District Transportation Art Coordinator and the HQ Transportation Art Coordinator. Some of the items required include:
    1. Application (from template).
    2. Resumé of the artist’s work and background.
    3. Draft CLAW (See definitions)
    4. Full description of the proposed transportation art, including a model or scaled plans, elevations, sections and details necessary to convey location, view from all sides, materials, and construction or installation methods. Caltrans may furnish site data as required.
    5. Plans and details stamped by a licensed engineer if the proposal includes freestanding art, new structures, or modification of existing Caltrans’ structures.
    6. Proposed location, showing existing topography, and dimensions and offsets to right-of-way lines, edge of pavement, centerline, and the clear recovery zone.
    7. Proposed color scheme, paint or stain materials, or protective coatings.
    8. Required environmental documentation.
    9. Material safety data sheet for proposed materials.
    10. Proposed lighting and identification of non-Caltrans source of electrical power.
    11. Specifications.
    12. Proposed traffic control plans and specifications if needed. Applicant may use Caltrans standard plans, if applicable, or supply their own engineer stamped plans.
    13. Proposed cost estimate and a completed value of the artwork.
    14. Proposed construction schedule.
    15. Projected lifespan.
    16. Proposed maintenance access plan.
    17. Preliminary maintenance agreement, including maintenance schedule.
  2. Qualified Proposal: Step 2 of the review process – A preliminary proposal that has been reviewed by the District Transportation Art Coordinator and is complete enough to be reviewed by the individual Caltrans functional units, such as safety, traffic, environmental studies, etc., as well as HQ, for compliance and to identify areas of concern. The qualified preliminary proposal should have draft copies of the Local Agency Agreement, the "Copyright License and Waiver of Moral Rights in Artwork" (CLAW), and the draft Transportation Art Maintenance Agreement (TAMA) included in the submitted proposal.  The qualified proposal should also include proof of community review.
  3. Final Proposal: Step 3 of the review process – A Qualified Transportation Art Proposal that is complete and has the final signed Local Agency Agreement, final "Copyright License and Waiver of Moral Rights in Artwork" CLAW signed by the artist, a draft of the Transportation Art Maintenance Agreement (TAMA), and public review, is a Final Transportation Art Proposal, and proceeds to the District Director for review and approval.

Transportation Art Maintenance Agreement (TAMA): The contract between the Local Agency and Caltrans regarding what needs to be maintained and by whom. The template is located on the Maintenance Agreements Program internal website and available through the District Maintenance Agreements Coordinator (DMAC). All transportation art installations must be maintained by the Local Agency as outlined in the Project Development Program Manual (PDPM) Chapter 29, Section 9. The CLAW must be fully executed (signed by all parties) prior to the TAMA being approved.

VARA: The Visual Artists Rights Act of 1990, U.S. law which confers upon authors of works of visual art, several types of attribution and integrity rights, including but not limited to, the right to prevent any intentional distortion, mutilation, or other modifications to his/her visual artwork, and to prevent the destruction of a visual artwork of recognized stature.