§ 24-01-33 — New and existing facilities - Grade crossing elimination

The highway authorities of the state, or any county, or municipality may designate and
establish controlled-access highways as new and additional facilities or may designate and
establish an existing street or highway as included within a controlled-access facility. The state
or any of its subdivisions has authority to provide for the elimination of intersections at grade of
controlled-access facilities with existing state and county roads, and municipal streets, by grade
separation or service road, or by closing off such roads and streets at the right-of-way boundary
lines of such controlled-access facility; and after the establishment of any controlled-access
facility, no highway or street which is not part of said facility may intersect the same at grade. No
municipal, county, or state highway, or other public way may be opened into or connected with
any such controlled-access facility without the consent and previous approval of the highway
authority in the state, county, or municipality having jurisdiction over such controlled-access
facility. Such consent and approval may be given only if the public interest is served thereby.