§ 42-4-118 — Establishment of wildlife crossing zones - speed limit - definition

Colorado § 42-4-118

• Jurisdiction: Colorado
• Title 42: Vehicles and
• Art.: Regulation of Vehicles and Traffic

Text

(1) The department of transportation created in section 43-1-103, C.R.S., in
consultation with both the Colorado state patrol created pursuant to section 24-33.5-201, C.R.S., and the division of parks and wildlife created pursuant to section
33-9-104, C.R.S., in the department of natural resources, may establish areas within
the public highways of the state as wildlife crossing zones.

(2) (a) If the department of transportation establishes an area within a public
highway of the state as a wildlife crossing zone, the department of transportation
may erect signs:

(I) Identifying the zone in accordance with the provisions of section 42-4-616;
and

(II) Establishing a lower speed limit for the portion of the highway that lies
within the zone.

(b) Notwithstanding the provisions of paragraph (a) of this subsection (2) to
the contrary, the department of transportation shall not establish a lower speed
limit for more than one hundred miles of the public highways of the state that have
been established as wildlife crossing zones.

(3) (a) The department of transportation may establish an area within the
federal highways of the state as a wildlife crossing zone if the department of
transportation receives authorization from the federal government.

(b) If the department of transportation establishes an area within the federal
highways of the state as a wildlife crossing zone pursuant to paragraph (a) of this
subsection (3), the department of transportation may erect signs:

(I) Identifying the zone in accordance with the provisions of section 42-4-616;
and

(II) Establishing a lower speed limit for the portion of the highway that lies
within the zone.

(4) If the department of transportation erects a new wildlife crossing zone
sign pursuant to subsection (2) or (3) of this section, it shall ensure that the sign
indicates, in conformity with the state traffic control manual, that increased traffic
penalties are in effect within the wildlife crossing zone. For the purposes of this
section, it shall be sufficient that the sign states increased penalties in effect.

(5) In establishing a lower speed limit within a wildlife crossing zone, the
department of transportation shall give due consideration to factors including, but
not limited to, the following:

(a) The percentage of traffic accidents that occur within the area that involve
the presence of wildlife on the public highway;

(b) The relative levels of traffic congestion and mobility in the area; and

(c) The relative numbers of traffic accidents that occur within the area
during the daytime and evening hours and involve the presence of wildlife on the
public highway.

(6) As used in this section, unless the context otherwise requires, wildlife
shall have the same meaning as big game as set forth in section 33-1-102 (2),
C.R.S.

(7) Repealed.

(8) Notwithstanding any other provision of this section, the department of
transportation shall not establish any area of any interstate highway as a wildlife
crossing zone.

Legislative History

Source: L. 2010: Entire section added, (HB 10-1238), ch. 393, p. 1866, � 1, effective September 1.