§ 43-2-402 — Noise mitigation measures

Colorado § 43-2-402

• Jurisdiction: Colorado
• Title 43: Transportation
• Art.: State, County, and Municipal Highways

Text

(1) An applicant may submit an
application for noise mitigation measures to the department between November 1
and March 31 in accordance with the application procedures established by the
transportation commission by rule.

(2) An application for noise mitigation measures shall:

(a) Be accompanied by a petition in support of the noise mitigation measures
signed by members of no less than seventy-five percent of the households in an
eligible area who live no more than four-tenths of one mile from the nearest edge of
the right-of-way of the state highway;

(b) Specify whether a local government has agreed to provide any of the
moneys necessary to construct the noise mitigation measures; and

(c) Specify which noise mitigation measures the applicant proposes for the
eligible area.

(3) If local governments in an eligible area have not agreed to provide at
least fifty percent of the moneys necessary to construct the proposed noise
mitigation measures in the eligible area, an applicant may submit an application for
noise mitigation measures under this section only if the eligible area existed as a
residential area before the state highway was constructed or widened.

(4) (a) The department shall consider applications received between
November 1 and March 31 for noise mitigation measures to be constructed in the
state fiscal year commencing the following July 1.

(b) No later than July 1 of each year, the department shall review applications
received between November 1 and March 31 of the previous state fiscal year and
place applications that meet the requirements of this section on a list of approved
noise mitigation measures. The department shall prioritize the measures on the list
using a formula that gives equal weight to the following factors:

(I) The hourly equivalent noise level at the first receivers in the eligible area;

(II) The number of homes in the area that will benefit significantly from noise
mitigation measures; and

(III) The length of time that the area has been an eligible area.

(5) (a) The department shall construct noise mitigation measures on the list
of approved measures for which a local government has agreed to provide no less
than fifty percent of the necessary moneys in the order of priority established
pursuant to subsection (4) of this section, using moneys provided by local
governments and any moneys distributed to the department by the department of
public health and environment pursuant to part 14 of article 20 of title 30, C.R.S.

(b) After the construction of noise mitigation measures in accordance with
paragraph (a) of this subsection (5), the department shall use any moneys provided
by local governments or distributed to the department pursuant to part 14 of article
20 of title 30, C.R.S., to construct other noise mitigation measures on the list of
approved measures in the order of priority established pursuant to subsection (4) of
this section.

(c) If a noise mitigation measure on the list of approved measures is not
constructed in a state fiscal year, the applicant may submit an application for the
noise mitigation measure for the next state fiscal year.

Legislative History

Source: L. 2006: Entire part added, p. 1256, � 3, effective May 26. L. 2010: (5) amended, (HB 10-1018), ch. 421, p. 2181, � 15, effective June 10. L. 2014: (5)(a) and (5)(b) amended, (HB 14-1352), ch. 351, p. 1596, � 12, effective July 1.