§ 43-2-101 — State highway system

(1) There shall be established in this state
a system of roads known as the state highway system. The state highway system
shall consist of the federal-aid primary roads, the federal-aid secondary roads, and
the interstate system, including extensions thereof within urban areas, plus an
amount not to exceed five percent of the mileage of such systems which may be
declared to be state highways by the transportation commission while not being
any part of any federal system.

(2) Interstate system as used in this section means any highway included
as a part of the national system of interstate and defense highways as authorized
and designated in accordance with section 7 of the Federal-Aid Highway Act of
1944 (58 Stat. 838) and any other subsequent acts of congress.

(3) Nothing in this section shall be construed as limiting the mileage of the
state highway system to the total mileage constituting the system as of December
31, 1953, but federal-aid primary roads and federal-aid secondary roads may be
added or deleted by the department of transportation according to need as
determined by said department. Deletions from the federal-aid secondary system
shall be mutually decided by the federal government, the state, and the affected
county.

(4) (a) In addition to the powers now possessed by the transportation
commission, it has the authority to select or designate any public highway, road, or
street as a part of the federal-aid urban system or as an extension of the federal-aid primary or secondary system, in order to qualify such public highways, roads, or
streets for the expenditure by the state of federal-aid funds to be apportioned to
the state pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section
106 of the Federal-Aid Highway Act of 1970, and regulations promulgated
thereunder. Any provision of this title to the contrary notwithstanding, any public
highway, road, or street selected or designated under this subsection (4) shall
continue to be a part of the county highway or city street systems and shall not be
deemed to be a part of the state highway system unless the commission
specifically provides to the contrary.

(b) Any receipt of moneys from the federal government, or any department
thereof, pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section
106 of the Federal-Aid Highway Act of 1970 shall be paid into and credited to the
state highway supplementary fund.

(c) The construction of all improvements authorized pursuant to the
provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the Federal-Aid
Highway Act of 1970, and moneys received therefor, are under the supervision and
control of the chief engineer.

Legislative History

Source: L. 53: p. 512, � 1. CRS 53: � 120-13-1. L. 57: p. 641, � 1. C.R.S. 1963: � 120-13-1. L. 70: p. 329, � 1. L. 71: p. 1140, � 1. L. 91: (1), (3), (4)(a), and (4)(c) amended, p. 1098, � 127, effective July 1. L. 2015: (4)(c) amended, (HB 15-1209), ch. 64, p. 176, � 8, effective March 30.