(1) (a) The department of
transportation and local governments are authorized to regulate vehicular access
to or from any public highway under their respective jurisdiction from or to property
adjoining a public highway in order to protect the public health, safety, and welfare,
to maintain smooth traffic flow, to maintain highway right-of-way drainage, and to
protect the functional level of public highways. In furtherance of these purposes, all
state highways are hereby declared to be controlled-access highways, as defined in
section 42-1-102 (18), C.R.S.
(b) Vehicular access to or from property adjoining a state highway shall be
provided to the general street system, unless such access has been acquired by a
public authority. Police, fire, ambulance, and other emergency stations shall have a
right of direct access to state highways. After June 21, 1979, no person may submit
an application for subdivision approval to a local authority unless the subdivision
plan or plat provides that all lots and parcels created by the subdivision will have
access to the state highway system in conformance with the state highway access
code.
(c) The provisions of this section shall not be deemed to deny reasonable
access to the general street system.
(2) and (3) Repealed.
(4) The commission shall adopt a state highway access code, by rule and
regulation, for the implementation of this section, on or after March 16, 1980. The
access code shall address the design and location of driveways and other points of
access to public highways. The access code shall be consistent with the authority
granted in this section and shall be based upon consideration of existing and
projected traffic volumes, the functional classification of public highways, adopted
local transportation plans and needs, drainage requirements, the character of lands
adjoining the highway, adopted local land use plans and zoning, the type and
volume of traffic to use the driveway, other operational aspects of the driveway, the
availability of vehicular access from local streets and roads rather than a state
highway, and reasonable access by city streets and county roads.
(5) (a) After the effective date of the access code, no person shall construct
any driveway providing vehicular access to or from any state highway from or to
property adjoining a state highway without an access permit issued by the
appropriate local authority with the written approval of the department of
transportation. If the local authority fails to act within forty-five days after an
access permit has been requested, such permit shall be deemed issued subject to
written approval of the department of transportation. If the department of
transportation does not act upon an access permit within twenty days after notice
by the local authority, or within twenty days after local authorities should have
acted, whichever is the lesser, such permit shall be deemed approved. Upon written
request by a local authority, the department of transportation shall administer or
assist in the administration of access permits in that jurisdiction. If the department
of transportation undertakes to administer access permits in a jurisdiction, it shall
act upon requested access permits within forty-five days of request. If the
department of transportation fails to act within forty-five days upon a requested
access permit, such permit shall be deemed approved. Access permits shall be
issued only in compliance with the access code and may include terms and
conditions authorized by the access code.
(b) The issuing authority shall establish a reasonable schedule of fees for
access permits issued pursuant to the access code and this section, which fees
shall not exceed the costs of administration of access permits.
(c) When a permitted driveway is constructed or utilized in violation of the
access code, permit terms and conditions, or this section, either the issuing
authority or the department of transportation or both may obtain a court order
enjoining violation of the access code, permit terms and conditions, or this section.
Such access permits may be revoked by the issuing authority if, at any time, the
permitted driveway and its use fail to meet the requirements of this section, the
access code, or the terms and conditions of the permit. The department of
transportation may install barriers across or remove any driveway providing direct
access to a state highway which is constructed without an access permit.
(6) (a) The provisions of this section shall not apply to driveways in existence
on June 30, 1979, unless specifically stated otherwise. Driveways constructed
between July 1, 1979, and the effective date of the access code shall comply with
the driveway code adopted by the department of transportation pursuant to
statutory authority prior to July 1, 1979.
(b) Any driveway, whether constructed before, on, or after June 30, 1979,
may be required by the department of transportation with written concurrence of
the appropriate local authority to be reconstructed or relocated to conform to the
access code, either at the property owner's expense if the reconstruction or
relocation is necessitated by a change in the use of the property which results in a
change in the type of driveway operation or at the expense of the department of
transportation if the reconstruction or relocation is necessitated by changes in road
or traffic conditions. The necessity for the relocation or reconstruction shall be
determined by reference to the standards set forth in the access code.
(c) Any party who has received an adverse decision by the department of
transportation may request and shall receive a hearing before the transportation
commission or before an administrative law judge from the department of
personnel, at the discretion of the transportation commission. Such hearing shall be
conducted in accordance with the provisions of article 4 of title 24, C.R.S. Decisions
by the transportation commission or by an administrative law judge shall be
considered final agency action.
(d) Reconstruction or relocation of a driveway shall be administered in the
same manner as the revocation of a license under the State Administrative
Procedure Act.
(7) The boards of county commissioners may, by resolution, and other local
authorities may, in the manner prescribed in article 16 of title 31, C.R.S., adopt by
reference the state highway access code, in whole or in part, or may adopt separate
provisions, for application to local roads and streets that are not a part of the state
highway system.
(7.5) The issuing authority shall grant a variance from the state highway
access code if such variance would not be inconsistent with paragraph (a) of
subsection (1) of this section and if such variance is reasonably necessary for the
convenience, safety, and welfare of the public. If failure to grant a variance would
deny reasonable access to the general street system, such denial may be subject to
the provisions of section 43-1-208 and section 15 of article II of the state
constitution.
(8) As used in this section, unless the context otherwise requires:
(a) Access control plan means a roadway design plan which designates
preferred access locations and their designs for the purpose of bringing those
portions of roadway included in the access control plan into conformance with their
functional classification to the extent feasible.
(b) Appropriate local authority means the board of county commissioners if
the driveway is to be located in the unincorporated area of a county and the
governing body of the municipality if the driveway is to be located within an
incorporated municipality.
(c) Functional classification means a classification system that defines a
public roadway according to its purposes in the local or statewide highway plans.
The commission shall determine the functional classification of all state highways.
The functional classification of county roads and city streets shall be determined
by the appropriate local authority.
(d) General street system means the interconnecting network of city
streets, county roads, and state highways in an area.
(e) Issuing authority means the entity which issues access permits and
includes the board of county commissioners, the governing body of a municipality,
and the department of transportation.
(f) Local road means a county road, as provided in sections 43-2-108 and
43-2-109, and local street means a municipal street, as provided in sections 43-2-123 and 43-2-124.