(1)The jurisdiction, control, and
duty of the state, cities, cities and counties, and incorporated towns with respect to
streets which are a part of the state highway system is as follows:
(a)The city, city and county, and incorporated town shall exercise full
responsibility for and control over any such street beyond and including the curbs
and, if no curb is installed, beyond the traveled way, its contiguous shoulders, and
appurtenances; except that the regulation and control of driveways shall be subject
to the provisions of section 43-2-147.
(b)The department of transportation has authority to prohibit the suspension
of signs, banners, or decorations above the portion of such streets between the
curbs or portion used for highway purposes up to a vertical height of twenty f
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(1) The jurisdiction, control, and
duty of the state, cities, cities and counties, and incorporated towns with respect to
streets which are a part of the state highway system is as follows:
(a) The city, city and county, and incorporated town shall exercise full
responsibility for and control over any such street beyond and including the curbs
and, if no curb is installed, beyond the traveled way, its contiguous shoulders, and
appurtenances; except that the regulation and control of driveways shall be subject
to the provisions of section 43-2-147.
(b) The department of transportation has authority to prohibit the suspension
of signs, banners, or decorations above the portion of such streets between the
curbs or portion used for highway purposes up to a vertical height of twenty feet
above the surface of the roadway.
(c) The city, city and county, or incorporated town at its own expense shall
maintain all underground facilities in such streets and has the right to construct
such underground facilities as may be necessary in such streets.
(d) The city, city and county, or incorporated town has the right to grant the
privilege to open the surface of any such street, but all damages occasioned
thereby shall promptly be repaired either by the city, city and county, or
incorporated town itself or at its direction.
(e) The city, city and county, or incorporated town at its own expense shall
provide street illumination and shall clean all such streets, including storm sewer
inlets and catch basins.
(f) The department of transportation has the right to utilize all storm sewers
on such highways without cost; and if new storm sewer facilities are necessary in
construction of streets by the department of transportation, the cost of such
facilities shall be borne by the state and municipality as may be mutually agreed
upon between the department of transportation and the local governing body of the
city, city and county, or incorporated town.
(g) Cities, cities and counties, and incorporated towns shall regulate and
enforce all traffic and parking restrictions on streets which are state highways, but
all regulations adopted after December 31, 1979, shall be approved in writing by the
department of transportation before becoming effective on such streets; except
that such regulations shall become effective on such streets sixty days after
receipt for review by the department of transportation if not disapproved in writing
by said department during that sixty-day period.
(h) The department of transportation shall erect, control, and maintain at
state expense all route markers and directional signs, except street signs on those
streets.
(i) The department of transportation shall install, operate, maintain, and
control at state expense all traffic control signals, signs, and traffic control devices
on state highways in cities, the city and county of Denver, the city and county of
Broomfield, and incorporated towns. No local authority shall erect or maintain any
stop sign or traffic control signal at any location so as to require the traffic on any
state highway to stop before entering or crossing any intersecting highway unless
approval in writing has first been obtained from the department of transportation.
For the purpose of this paragraph (i), striping, lane-marking, and channelization are
considered traffic control devices.
(j) Rights-of-way for such street shall be acquired by either the city, city and
county, or incorporated town or by the state as is mutually agreed upon. Costs of
acquiring such rights-of-way may be at the sole expense of the state or the city,
city and county, or incorporated town, or both, as may be mutually agreed. Title to
all rights-of-way so acquired shall vest in the city, city and county, or incorporated
town, or the state, according to the agreement under which said rights-of-way were
secured.
(k) The department of transportation is authorized to acquire rights-of-way
by purchase, gift, or condemnation for any such streets, highways, and bridges. Any
such condemnation proceeding shall be exercised in the manner provided by law
for condemnation proceedings to acquire lands required for state highways.
Nothing in this section shall be construed as abrogating the rights of home rule
cities to acquire lands for state purposes in the manner set forth in the charter of
said cities.