§ 43-1-210.5 — Rights-of-way use by adjacent landowners

Colorado § 43-1-210.5

• Jurisdiction: Colorado
• Title 43: Transportation
• Art.: General and Administrative

Text

(1) The general
assembly hereby finds and declares that the department of transportation controls
the use of thousands of acres of rights-of-way in Colorado for highway purposes.
The general assembly further finds that, although the primary use of such rights-of-way is for highways, certain rights-of-way could also be used for productive
agricultural purposes without reducing the suitability or safety of such rights-of-way for highway purposes and for authorized utility accommodations.

(2) The department of transportation may issue permits to persons who own
land adjacent to state highway rights-of-way so that such persons may use such
rights-of-way for agricultural purposes. The executive director of the department
of transportation, or the director's designee, shall promulgate rules and regulations
which describe the terms, conditions, and purposes of such permits. Included in
such regulations shall be a definition of adjacent landowner, a description of the
types of agricultural uses allowed, the procedure which shall be used to obtain a
permit, and any insurance requirements which the executive director finds
appropriate. In no event shall a right-of-way permit be entered into which, in the
judgment of the department, would not be in the best interests of the state or
would be detrimental to the public health, safety, or welfare or in conflict with any
applicable federal, state, or local law or for any agricultural purpose which involves
irrigation. No right-of-way permit shall authorize the use for agricultural purposes
of any median separating traffic lanes on a state highway, or where ownership of
the right-of-way is not of public record.

(3) The department of transportation may charge reasonable and necessary
fees for the application and approval of any permits authorized by this section.

(4) Prior to obtaining a permit from the department of transportation, the
permittee shall show proof of insurance in the amount required by the department.
The department of transportation shall not be liable for any property damage or
injury which may result from the permitting of right-of-way as provided for in this
section.

Legislative History

Source: L. 91: Entire section added, p. 1137, � 1, effective July 1.