2 Colo. Code Regs. § 601-1-2

Current through Register Vol. 47, No. 11, June 10, 2024

Section 2 CCR 601-1-2 - Administration

2.1Purpose

(1) This section provides the administrative procedures and related information and requirements for the implementation of the Code. Additionally, the provisions of the State Administrative Procedure Act, § 24-4-101 et seq. (C.R.S.), apply to the extent they are applicable.

2.2Access Category Determinations

(1)The Commission Shall Maintain an Access Category Assignment Schedule

(a) In support of the Code, the Commission shall maintain by rule an access category assignment schedule for the state highway system. The Commission shall assign to each state highway section or segment of highway an access category from Section Three of the Code. The assignment of access categories provides the functional basis for acting on an access permit request.

(b) In deliberations regarding selection of access category assignments, the Commission may consider adopted administrative and functional classifications, existing and projected traffic volumes, current and future highway capacity and levels of service, current and predicted levels of highway safety, adopted state and local transportation plans and needs, the character of lands adjoining the highway, adopted local land use plans and zoning, the availability of vehicular access from local streets and roads rather than a state highway, and reasonable access provided by municipal streets and county roads, and if provided, the initial recommendation of the local authority.

(c) The State Highway Access Category Assignment Schedule published in May 1992, 2 CCR 601-1 A, shall be the category listing reference basis for access permit determinations until new access category assignments, consistent with Section Three of the Code, are adopted by the Commission in accordance with 2.2(2). This 1998 Code changes the titles of Section Three access categories and the descriptions of the categories in comparison to the 1985 edition of the Code. The 1992 State Highway Access Category Assignment Schedule, 2 CCR 601-1 A, uses a One through Five category title classification system. In regards to referencing the 1992, 2 CCR 601-1 A, all 1992 category assignments titled "1" shall use 1998 Code category F-W. All 1992 category assignments titled "2" shall use 1998 Code category E-X. All 1992 category assignments titled "3" shall use 1998 Code category R-A. All 1992 category assignments titled "4" shall use 1998 Code category NR-B. All 1992 category assignments titled "5" shall use 1998 Code category F-R.

(2)The Initial Assignment Process - Category Determinations

(a) The Department will promptly begin a recategorization process for all state highways in accordance with section 2.2 following the effective date of this 1998 Code. The procedures to accomplish access category assignments shall be as described in this subsection 2.2 . Once a new category is adopted for a highway section based on subsection 2.2 by Commission action and becomes effective, any subsequent access category revisions for that section shall be in accordance with subsection 2.2(3).

(b) There is no minimum or maximum criteria for the length of a category assignment. Assignment boundaries may occur as frequently as necessary in consideration of the assignment criteria contained in 2.2 . Assignment boundaries should be logical and identifiable, and highway continuity should be maintained to the extent reasonable.

(c) By written inquiry, the Department will determine which local authorities wish to make the initial recommendations for access category assignment in their jurisdiction. The Department will provide training and information as necessary to assist those jurisdictions that wish to make the initial recommendations. The Department will provide each local jurisdiction with a list of state highways within their boundaries along with their current access category assignments.

(d) For all those local authorities not choosing to select their own initial recommendations, or who do not respond in 30 days from the inquiry, the Department shall select the initial category assignment recommendations. Where the Department makes the initial selection, the Department shall provide the draft selection and reasonable explanation to the local authority and the MPO/TPR for their review and comment. Written comments received from the local authority or any other source shall be a part of the record with the exception of documents protected by the attorney/client privilege. All written correspondence external to the Department and completed internal Department documents shall be considered a part of the rule making record.

(e) The appropriate local authority choosing to make the first initial recommendations must submit recommendations on all state highways in their jurisdictions to the Department and the MPO/TPR within 90 days of the effective date of the 1998 Code. Upon receipt of the local jurisdiction's category recommendations, the Department will review the local assignment requests. Where there is a difference of opinion regarding the recommendation of category assignment, the Department and the local authority shall discuss the issues and attempt to arrive at mutually agreeable assignment recommendations. The appropriate MPO or TPR may participate in discussing category assignment recommendations. Where adjacent municipalities share common state highway boundaries, the recommendation of both shall be considered.

(f) For those highway sections where mutually agreeable assignment recommendations cannot be made, those sections shall be separately itemized and numbered and presented at a rule making hearing as a separate category document. The Department shall provide a discussion as to why the Department disagrees with the local recommendation. When a consensus is not reached between the local jurisdiction, the MPO/TPR, and the Department, then the Department must inform the local jurisdiction and the MPO/TPR in writing of the Department category recommendation prior to any action taken by the Commission.

(g) Local category recommendations shall be made based on the criteria of 2.2(1)(b), and may include the existing conditions of the highway and the community's vision of what the highway should be. MPO's and TPR's may provide review and comment.

(h) Local jurisdiction category recommendations and Department category recommendations will be given to the Commission for a final category determination at a public rule making hearing. Local jurisdictions and others will have the opportunity to present their recommendations in public testimony before the Commission. The determination of the Commission will be by rule making and considered the final access category assignment.

(3)Subsequent Changes in Assigned Categories

(a) The appropriate local authority acting by resolution; the MPO or TPR with the approval of the affected local authority; or the Department; may submit to the Commission requests for changes in the adopted access category schedule for sections of state highway within their jurisdiction. All requests shall include information pertaining to the criteria itemized in section 2.2(1)(b), as well as an explanation of the necessity of the requested change, and how the requested change is consistent with the purposes of the Act and the standards of the Code. The Department shall review and provide a recommendation to the Commission on each request. If the Department is seeking a change in access category, or making a recommendation for assigned category for a new or reconstructed section of highway, the appropriate local authority and the MPO/TPR shall be notified of the requested changes at least 60 days prior to Commission action. The appropriate local authority and the appropriate MPO/TPR will be provided with a copy of all pertinent documents 30 days prior to Commission action. All written comments shall be a part of the record.

(b) The Commission, in accordance with § 24-4-103, C.R.S., shall act upon pending category change requests no less than four times a year, generally being the first, fourth, seventh and tenth months of the calender year. A request must be received for processing and analysis a minimum of 90 days preceding the Commission consideration.

2.3Permit Application Process, Obtaining a Permit

(1)Determining the Issuing Authority

(a) The Act provides to each appropriate local authority the authority to issue driveway permits to state highways within its jurisdiction. Each driveway permit must receive the written approval of the Department to be valid. The local authority may request that the Department administer or assist in the administration of driveway permits. Such authorization may be changed by the local authority at any time by written notification to the Department. Changes in authorization shall take effect upon receipt of written notice by the Department. If the local authority requests that the Department process the access permit application and requires local authority approval prior to final action, this shall constitute Department assistance, not administration, and the local authority shall remain the issuing authority.

(b) Persons wishing to apply for access to a state highway should contact their appropriate local authority or a Department office in their region to determine who is responsible for processing permit applications in their area. Regional Department offices are located in Aurora, Denver, Durango, Grand Junction, Greeley, and Pueblo. Application packages including application form No. 137 may be obtained from any issuing authority.

(2)Pre-application Meetings

(a) Prior to submitting a formal application, interested parties may request a pre-application conference with the issuing authority. If the Department is the issuing authority, the local authority should be invited. If the local authority is the issuing authority, the Department should be invited. The purpose of such a conference shall be to review the preliminary proposal and to allow reaction and suggestions from the issuing authority prior to formal application. Interested parties should provide preliminary maps, plans and documents to illustrate to the extent possible, the site, ownerships, size and type of land use, estimated traffic volumes and vehicle types generated, adjacent public roads, existing and available access points, and other adjacent accesses. At the conference, participants will discuss Code requirements, site specific conditions, various options for access location and design, and those items that should be submitted with the permit application.

(b) If a pre-application conference is held, an application can be submitted anytime after the pre-application conference. An application may be submitted at the end of the pre-application conference.

(3)Preparing an Application

(a) To obtain permission to construct, modify, relocate or close a vehicular access, where such work will be within highway right-of-way, a state highway access permit is required. To obtain permission, a complete application must be submitted to the issuing authority and a permit issued. Construction may not begin until a Notice to Proceed is approved. Application packages may be obtained from the issuing authority. Incomplete applications may be rejected by the Department or issuing authority.

(b) Applications for access shall include a completed access permit application, Department form No. 137 and any required attachments reasonably necessary to review and assess the application or complete the permit. If a pre-application conference was held, the application will consist of the attachments requested at the pre-application conference. Attachments necessary may include plans, maps, traffic studies, surveys, deeds, agreements, documents, data, and location of any significant utilities to be moved. The scale, location and anticipated impacts of the access proposal will determine the scope of the attachments necessary in the application. The applicant may be required to submit information needed to evaluate the impacts of the proposed access on the general street system (which includes the state highway). All such submittals become the property of the issuing authority. Items without relevance on the approval or denial of the application or completion of the permit will not be requested. If the applicant is other than the fee surface rights owner of the property to be served, then the applicant must include sufficient evidence of concurrence or knowledge in the application by the fee rights owner and proof of development rights, (ie. option to buy, federal use permit). Complete names, addresses and telephone numbers of the property owner(s), the applicant(s), and primary contact person, shall be given on the application along with the expected dates of construction and commencement of use of the access. When the owner or applicant is a company, corporation or government agency, the office, title and the name of the responsible officer will be provided. A corporation must be licensed to do business in Colorado. Intentional misrepresentation of existing or future conditions or of information requested for the application for the purposes of getting a more favorable determination, shall be considered sufficient grounds for application rejection, permit denial or revocation of a permit.

(c) If an applicant wishes to seek a waiver from the design standards of the Code, a request may be submitted as an attachment to the permit application form. An original 2 part Department form No. 112 shall be used. See subsection 4.12 on design waivers.

(d) The property owner or authorized representative served by a lawful access may make physical improvements to an access with the permission of the issuing authority and the Department. The applicant shall make the request on standard permit application forms and may specify that the request is for improvements according to this subsection. This subsection does not apply when there is or will be a change in historical grandfathered use or access use in accordance with Code section 2.6 . Processing of the application shall be the same as provided in Code section 2.3 except the Department and issuing authority may only take action on the request for improvement. Denial of the application for improvements does not constitute revocation of the existing access authorization. If approved for improvements, the permit need not require full Code design compliance, so long as access is improved above current conditions and there is no deterioration in safety or operation of the highway. Denial of an application to enlarge, relocate, or modify an existing lawful access shall in no way impair the permit for or right to the existing access for its legal historical use.

(e) When a permit is authorized, the permittee is responsible to pay any permit fees established pursuant to section 43-2-147(5)(b), C.R.S. If the issuing authority is a local authority, the fee amount is set by the local authority. If the issuing authority is the Department, the fees are established by the Executive Director of the Department.

(4)Sources, Data and Information Requirements

(a) Applications shall not be inconsistent with the data and information requirements of this subsection. The seal of a Colorado registered professional engineer is required on all plans, traffic studies, engineering analyses, reports and drainage plans submitted to an issuing authority or the Department, and for any proposed access and construction plans involving changes to the roadway or for the access if the volume of the development is predicted to exceed 100 vehicles per day.

(b)Trip Generation, Sixth edition, The Institute of Transportation Engineers, Washington D.C., 1997 shall be used as a reference in estimating DHV or peak hour traffic volume values of an access where required by the Code. Later revisions to this manual may not be relied upon. In the absence of a traffic analysis by a traffic engineer or actual collected data, a reasonable estimation of trip generation using the ITE Trip Generation Manual shall be considered prima facie evidence when estimating traffic volumes for existing access. If local or special generation rates are used, all documentation for rate development shall be submitted. For mixed use developments, internal trip reductions will not exceed two percent for the AM peak or eight percent for PM peaks unless clearly justified and documented by actual studies. The issuing authority may assist any applicant requesting traffic estimates for the purpose of obtaining a highway access permit.

(c) For the purposes of this section the DHV for the access location may be considered synonymous with the term "peak hour volume" often used for traffic analysis. DHV calculations are preferred for design purposes and shall be used when required by the issuing authority or the Department.

(d) The DHV or peak hour traffic volume estimates for any access shall be based upon the anticipated total build out of the development to be served and a twenty year projection for highway volumes. In the case of a public access, a reasonable projection of the twentieth year access volume shall be made based upon predicted growth, zoning and any comprehensive plan. In urbanized or urbanizing areas, volume generation analysis shall include the anticipated full build out of the study area to a one-mile radius. A larger area may be requested by the issuing authority if specific reasons are provided such as in developing rural areas and relative to interchanges. Estimates of traffic volumes shall be based upon average weekday traffic at locations where weekday employment predominates. Locations of retail development shall also include weekend traffic volumes. The analytical approach shall include the highest peak hour volume within the entire day for each turning movement.

(e) Unless specifically noted, all criteria in the Code are based on automobile operations and performance. To allow for the impact of larger trucks, buses and recreational vehicles, "passenger car equivalents" shall be determined. A passenger car equivalent of 3 for each bus and all trucks and combinations of 40 feet in length or longer, or a passenger car equivalent of 2 for each vehicle or combination at or over 20 feet in length but less than 40 feet shall be used for these purposes.

(f) Speed, as used in this section, refers to the posted legal speed limit at the access location at the time of permit approval. A higher speed for access design shall be used if the section of highway is presently being redesigned or reconstructed to a higher speed or an approved access control plan requires a higher speed. Where a traffic signal will be installed as part of the access construction, the access design and the anticipated posted speed limit after signal installation may be used for the overall access design at the discretion of the Department.

(g) A reasonable trip distribution estimate should be provided based on the type of proposed development, competing developments (if applicable), the size of the proposed development, surrounding land uses and population, and the conditions of the surrounding street system. If the applicant does not provide a distribution estimate, the distribution may be estimated by the Department or issuing authority. If no other estimate is made, a full movement access shall be considered to have 40 percent of ingressing vehicles making a left turn and 60 percent ingressing vehicles making a right turn on an average day.

(5)Traffic Impact Studies

(a) When the land use will generate a DHV of 100 vehicles or more, or when considered necessary or desirable by the issuing authority or Department for exceptional reasons, the applicant shall provide a traffic impact study. The scope of the study shall be commensurate with the scale and scope of probable operational and safety impacts to the general street system.

(b) When a traffic impact study is required, the study shall be completed and sealed by a Colorado registered professional engineer. Selected items from the following list may be excluded if not applicable to the situation and exclusion is specifically authorized by the issuing authority. The contents and extent of a traffic impact study depend on the location and size of the proposed development and the conditions prevailing in the surrounding area. Larger developments proposed in congested areas obviously require more extensive traffic analysis, whereas smaller sites may only require a minimal analysis of traffic on site and at immediately adjacent intersections. In determining how large a study area to include, a general guideline is to carry the analysis out at least as far as those areas where newly generated site traffic represents 5 percent or more of roadway's peak hour capacity. Where site generated traffic will be less than 5 percent of the roadway capacity, the intersections adjacent to the site should, at a minimum, be analyzed. The study area boundaries may also be influenced by impacts other than pure capacity relationships such as neighborhood short cuts, traffic noise and hours of operation.

(c) The study shall use the following standards, and guidance, and provide the following information as applicable or as requested by the issuing authority. Additional information and additional analysis based upon other factors and standards may be included if the applicant desires:

(1) a scaled map of the vicinity showing all roadways and highways adjacent to the site, a scaled map of the study area including land uses, and a map of the immediate access area, a plan showing on-site anticipated vehicular circulation patterns

(2) map identification and textual consideration of all access that are existing and possible future access locations including signal locations for at least one-half mile in each direction along the highway as well as all potential roadway and signal improvements

(3) evaluation of current daily and peak hour traffic data and 20th year projections including turning movements at all intersections and any key year midpoints assuming a build out of the study area based upon zoning, comprehensive plans and growth estimates

(4) an evaluation of the level of service and capacity for all design and traffic operation elements including mainline roadway and affected intersections

(5) where applicable, an analysis of the clear zone, and the horizontal and vertical sight distances

(6) accurate and understandable diagrams

(7) all assumptions and adjustment factors

(8) an analysis of all reasonable alternatives including no build or no direct highway access alternatives

(9) current and projected arterial travel speed, travel time, and delay time within the study area that will be impacted by the access proposal

(10) site traffic generation rate estimates and resulting trip generation distribution and assignments

(11) analysis of queue lengths for all turn lanes affected to the 20^th year

(12) a safety analysis including conflict points, turning movements and three years of accident history

(13) a conceptual design showing all geometric elements and their approximate dimensions with analysis of any element of the access that will be below Code standards

(14) sources of information, data and references

(15) the existence of any current traffic problems in the local area such as a high accident location, confusing intersection, or an intersection in need of a traffic signal

(16) the current or projected level of service of the roadway system adjacent to the development, which will be significantly affected

(17) the sensitivity of the adjacent neighborhoods or other areas that may be perceived as impacted

(18) the proximity of site driveways to the other access points or intersections

(19) the ability of the adjacent existing or planned roadway system to handle increased traffic, or the feasibility of improving the roadway system to handle increased traffic

(20) other specific problems or deficiencies that may be affected by the proposed development or affect the ability of the development to be satisfactorily accommodated.

If the access is proposed to have a traffic signal, or will necessitate modifications to a traffic signal, the following additional analysis are required:

(21) an intersection capacity operation analysis for all signals included in the progression analysis and providing complete input and output reports, data and assumptions

(22) the signal timings, phasing and data used in each analysis shall be consistent

(23) highway traffic signal progression analysis including progression bandwidth, efficiency and level of service determinations, assumptions and data with complete input and output menu reports provided and including all existing and anticipated future signals within 1 mile of the proposed access

(24) a signal cycle length of between 60 and 120 seconds and consistent with the existing corridor signal operation and function, shall be used for the analysis or as determined by the Department

(25) analysis will use the posted speed limit(s) but may submit an additional analysis if it can be shown that a different speed is more efficient for capacity, highway delay and travel time

(26) the highway bandwidth used shall be consistent with the requirements of the assigned access category

(27) signal phasing will normally assume lead phasing. Lag phasing may not be included unless specifically authorized

(28) the green time allowed for the cross street shall be no less than the time necessary to accommodate pedestrian movement

(29) analysis of storage queue lengths for auxiliary lanes at signalized intersections within the immediate study area.

(6)Submitting an Application When the Department is the Issuing Authority

(a) When the issuing authority is the Department, those persons seeking an access permit shall submit two complete applications to the appropriate region office of the Department. One copy of the application may be submitted if authorized by the Department. Incomplete applications may be rejected by the Department.

(b) A 45 day review period begins upon receipt of an access application including the completed application form and any necessary attachments at the region offices of the Department. The Department shall date and initial or stamp the original application form with the date of receipt. An application is presumed to be considered complete unless the Department determines it is not and provides that determination in writing. If an application is determined to be incomplete in the first 20 days, the review period ends.

(c) An application will receive a preliminary review within twenty days to determine if it is complete and sufficient. The Department will promptly transmit written notice to the applicant if the application is not complete and sufficient for review. The notice will include any outstanding items, issues or concerns, and will outline within that notice the access, if any, the Department would consider given the available information. Failure of the Department to comply with the preliminary review periods does not preclude the Department from denying any application.

(d) Subsequent to the 20 day period, if necessary information is later determined to be missing, the Department may deny the permit on grounds of insufficient information, and incomplete application unless the applicant withdraws the application. The denial shall provide an explanation as to the necessary and missing items and the reasons why the items are considered necessary.

(e) Upon receipt of the Department's letter requesting more information, the applicant may provide additional data and information as appropriate, or withdraw the application. If the applicant provides additional information as requested, the 45 day period starts over. If the applicant withdraws the application, then later resubmits an amended application, the same procedures as for initial submittal application shall be used.

(7)Processing of an Access Permit Application When the Department is the Issuing Authority

(a) Upon receipt of the application and any required attachments, the Department shall use the Code, the Act and any other applicable state and federal laws for evaluating and acting on the application. The Department may grant the access as proposed, require layout and location modifications as it considers appropriate, restrict one or more turning movements as necessary to reduce traffic and safety impacts, or deny the access, all as determined by the standards of the Code. Any access permit prepared by the Department shall conform to all sections of the Code. Waiver procedures may be considered for any design standard of the Code not applicable or feasible given proposed access site specific physical and traffic operation conditions.

(b) If the proposed access cannot meet the requirements or standards of the Code including consideration of appropriate design waiver criteria, or other applicable laws, the application shall be denied. If the Department denies the permit application, the Department shall provide the applicant a copy of the permit application form 137 marked "denied" and a written explanation of the decision.

(c) Any appeals of Department action shall be made pursuant to the subsection 2.9.

(d) If the Department fails to act on a complete application within 45 days from the date of receipt of the application, the permit shall be considered approved and an appropriate permit issued by the Department in accordance with the design and construction standards of the Code.

(e) If the Department approves the access proposal, a permit will be prepared and transmitted to the applicant for signature. This transmittal constitutes action on the permit as required by section 43-2-147(5)(a), C.R.S. It is the responsibility of the applicant to obtain the signature of the permittee(s). The permittee(s) shall sign the permit if the terms and conditions are acceptable and return the entire permit with any required permit fee to the Department at the address noted. In accepting the permit, the permittee agrees to all terms and conditions of the permit. If the Department has not received the signed copy and fee payment, if any, from the applicant within 60 days of the date of transmittal, the permit shall be deemed withdrawn. After receiving the signed permit and fee payment, if any, the Department shall mark the permit paid, sign the permit, and return a copy to the applicant. If the permittee(s) do not agree to all the terms and conditions of the permit, the permit shall be considered denied. Each approved permit shall have a unique permit number assigned by the Department.

(8)Submitting an Application When the Local Authority is the Issuing Authority

(a) When the local authority is the issuing authority, those persons seeking an access permit shall submit at least two complete applications to the appropriate office of the local issuing authority. The local issuing authority may request additional application copies from the applicant. Incomplete applications may be rejected by the local issuing authority.

(b) A 45 day review period begins upon receipt of an access application including the completed application form and any necessary attachments at the permit offices of the local issuing authority. The local issuing authority shall date and initial or stamp the original application form with the date of receipt. An application is presumed to be considered complete unless the local issuing authority determines it is not and provides that determination in writing. If an application is determined to be incomplete in the first 20 days, the review period ends.

(c) An application will receive a preliminary review within twenty days to determine if it is complete and sufficient. The local issuing authority will promptly transmit written notice to the applicant if the application is not complete and sufficient for review. The notice will include any outstanding items, issues or concerns, and will outline within that notice the access, if any, the local issuing authority would consider given the available information. Failure of the local issuing authority to comply with the preliminary review periods does not preclude the local issuing authority from denying any application.

(d) Subsequent to the 20 day period, if necessary information is later determined to be missing, the issuing authority may deny the permit on grounds of insufficient information, and incomplete application unless the applicant withdraws the application. The denial shall provide an explanation as to the necessary and missing items and the reasons why the items are considered necessary.

(e) Upon receipt of the local issuing authority's letter requesting more information, the applicant may provide additional data and information as appropriate, or withdraw the application. If the applicant provides additional information as requested, the 45 day period starts over. If the applicant withdraws the application, then later resubmits an amended application, the same procedures as for initial submittal application shall be used.

(9)Processing of an Access Permit Application When the Local Authority is the Issuing Authority

(a) Upon receipt of the application and any required attachments, the local issuing authority shall use the Code, the Act and any other applicable state and federal laws for evaluating and acting on the application. The local issuing authority may grant the access as proposed, require layout and location modifications as it considers appropriate, restrict one or more turning movements as necessary to reduce traffic and safety impacts, or deny the access, all as determined by the standards of the Code. Any access permit prepared by the local issuing authority shall be in conformance with the Code. Waiver procedures may be considered for any design standard of the Code not applicable or feasible given proposed access site specific physical and traffic operation conditions. The issuing authority shall complete its review and take final action to approve or deny the application within 45 days of the date of acceptance.

(b) If the proposed access cannot meet the requirements or standards of the Code including consideration of appropriate design waiver criteria, or other applicable laws, the application shall be denied. If the local issuing authority denies the permit application, the local issuing authority shall provide the applicant and the Department a copy of the permit application form 137 marked "denied" and a written explanation of the decision. The Department may not reverse the denial decision by the local issuing authority. Any appeal by the applicant of local action shall be to the local issuing authority and shall be consistent with the appeal procedures of that issuing authority. The local issuing authority shall notify the Department of appeals made of local issuing authority actions on state highway access permits and applications.

(c) If the local issuing authority has or will fail to act on a complete application within 45 days from the date of receipt of the application, the Department shall be notified. If the local issuing authority has not taken final action within 45 days from the date of application acceptance by the local issuing authority, the Department is authorized and shall take final action on the application within 20 days as required by the Act. Transmittal of the permit application, unsigned by the appropriate local issuing authority, for the purpose of obtaining the Department's comments prior to local approval, does not constitute the initiation of the 20 day review period.

(d) If the local issuing authority approves the application, it shall prepare a permit which shall include all terms and conditions necessary to meet the requirements of the Code. The issuing authority shall sign and transmit the permit with all attachments and pertinent information to the appropriate regional office of the Department. This transmittal constitutes action on the permit as required by section 43-2-147(5)(a), C.R.S.

(e) After receiving a permit approved by a local issuing authority, the Department shall review the permit for compliance with the Code, the Act and other state or federal law which may be applicable. Prior to Department action, the Department may, in consultation with the local issuing authority, revise the permit as necessary to add terms, conditions, standards and specifications. If the Department determines that the permit does not meet Code requirements, or waiver criteria, or applicable laws, the Department shall deny the permit. The Department shall provide both the applicant and the local issuing authority a written explanation for the decision. Any appeals of Department action shall be made pursuant to the subsection on appeals.

(f) If the Department fails to act within 20 days from receipt of the transmitted permit from a local issuing authority, or within 20 days after a local issuing authority should have acted, whichever is the lesser, the permit shall be considered approved and an appropriate permit issued in accordance with the design and construction standards of the Code.

(g) If the Department approves the access permit it will be transmitted to the applicant for signature. This transmittal constitutes action on the permit as required by section 43-2-147(5)(a), C.R.S. It is the responsibility of the applicant to obtain the signature of the permittee(s). The permittee(s) shall sign the permit if the terms and conditions are acceptable and return the entire permit with any required local issuing authority permit fee to the Department at the address noted. In accepting the permit, the permittee agrees to all terms and conditions of the permit. If the Department has not received the signed copy and fee payment, if any, from the applicant within 60 days of the date of transmittal, the permit may be deemed withdrawn. After receiving the signed permit and fee payment, if any, the Department shall mark the permit paid, sign the permit, and return a copy to the applicant and to the local issuing authority along with any collected fees. If the permittee(s) do not agree to all the terms and conditions of the permit, the permit shall be considered denied. Each approved permit shall have a unique permit number assigned by the Department.

(10)Contents of an Access Permit

(a) The terms and conditions of a completed access permit shall address all of the access conditions, including, but not necessarily limited to the following:

1. Type and configuration of the access (i.e., signal, 3/4, right/right, etc.)

2. The access location description will be written as exactly as the circumstances require - that is, it could be determined as "directly across" from an existing access, or "within x feet" of an existing access or intersection, or "not less than x feet" from an existing access or intersection, or any other means to make clear the access location parameters. The Department Reference Point will be noted to the nearest 100^th of a mile in the upper right hand corner of the permit.

3. Whether acceleration or deceleration lanes are required and generally what other physical improvements may be required at the time of request for the Notice to Proceed.

4. If known, whether the approved access may include or necessitate any design waivers.

5. Limiting conditions, if any, Including turn limitations, future limitations, and restrictions and any terms and conditions that would require the access approval to be revisited at a later date.

6. What is necessary for completion and approval for the issuance of a Notice to Proceed.

(11)General Permit Issues

(a) When the Code or related official forms require the signature of the permittee(s) or applicant, such signatures must be that of the specific individual, or if a corporation or partnership or other entity, the duly authorized officer or agent of the corporation or partnership or other entity. The name of the corporation, partnership or entity shall be included with the signature.

(b) The issue date of the permit is the date the Department representative signs the permit. Only the Chief Engineer, the appropriate Region Transportation Director, or other specifically authorized Department staff may authorize access permits for the Department.

(c) The granting of an access permit conveys no rights, title or interest in state highway rights-of-way to the permit holder or property served. A permit for direct access to a state highway does not entitle the permit holder to control or have any rights or interests in any portion of the design, specifications or operation of the highway or roadway, including those portions of the highway built pursuant to the terms and conditions of the permit.

(d) A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed.

(e) For any permit involving changes in the roadway or structures, the Department or issuing authority may require the permittee to hire a Colorado registered professional engineer to inspect the access carefully and to affirm to the best of their knowledge and belief that the construction is in compliance with the permit specifications and to report any item which may not be in compliance or can't be determined to be in compliance, and the nature and scope of the item relative to compliance. The issuing authority and Department may require testing of materials. When so required, test results shall be provided to the Department or as specified on the permit.

(f) The right-of-way necessary for state highway roadway improvements including travel lanes and auxiliary lanes shall be provided to the Department in accordance with paragraph (g). Unless otherwise determined by the Department, other non-roadway appurtenances such as curbs, sidewalks, shoulders, bike lanes, bike paths, drainage structures, ditches, landscaping, utilities, and traffic control devices, which are beyond the edge of the roadway, may be on permanent easements, or if in public ownership then by agreement, or conveyed to the Department in accordance with paragraph (g). If a permanent easement is provided, the easement must convey all rights of development, construction, control, maintenance, operation and may be subject to the police powers for state highway purposes and cannot be occupied in any manner by the fee simple owner without specific Department authorization. Where there is a permanent easement, the permittee is responsible for maintenance of all appurtenances in the permanent easement except traffic control devices. Section 43-2-135, C.R.S., 'division of authority over streets', applies. The Department shall provide the language for the permanent easement. Such language will be standardized. The Department cannot indemnify the underlying fee simple owner from any legal claims in the permanent easement area. The highway right-of-way boundary shall be considered the back of any permanent easement given to the Department for highway purposes.

(g) Property required by the Department for permit related highway access improvements shall be conveyed without cost to the Department by dedication, or by a warranty deed or permanent easement as described above. All right, title and interests shall be conveyed. All current title policies must be provided and be acceptable to the Department. The owner must certify that the property is clean of contamination or indemnify the Department from any contamination responsibilities prior to conveyance. The Department may refuse to accept any property, including but not limited to that containing or suspected of containing hazardous substances, toxic wastes, or other contamination until such substances are removed and or the property is certified clean by the appropriate governmental entity, or the Colorado Department of Public Health and Environment, and if necessary, the Environmental Protection Agency. The Access is not considered complete until property is conveyed.

(h) Where access improvements require the reconstruction of an existing roadway open to travel, the Department or local authority may require the permittee or permittee's contractor to post a bond, establish an escrow account, or in some other manner provide security to insure completion of the work within the highway. The security shall be sufficient to cover any repair or reconstruction of the access work area to a standard comparable with conditions prior to the initiation of access construction and to the extent necessary to ensure public safety as determined by the Department. Where extensive reconstruction of the highway is necessary the Department may require the use of a Department prequalified contractor.

(i) The permittee or contractor may be required to provide comprehensive general liability and property damage insurance naming the Department and the issuing authority (if applicable) as an additional insured party, in the amounts of not less than $600,000 per occurrence and automobile liability insurance of $600,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access.

(j) Upon request, the phasing of the installation of access design requirements may be allowed if the average (as defined by DHV analysis or equivalent) use of the access at any time does not exceed the constructed design and the Department or local authority is provided monetary or legal guarantees that access permit terms and conditions will be met prior to any use of the access exceeding the existing design of the access. The following items may be used in this regard: posting a bond, irrevocable letter of credit, certificates of deposit, inclusion in zoning ordinance, inclusion in subdivision plats or land use permit requirements, inclusion in the deeds to the properties involved and any other techniques as approved and accepted by the Department. All such arrangements shall be included as terms and conditions of the permit. The local authority or Department may record notices in the county records of such agreements to inform future property owners of potential liabilities and responsibilities. If the project is to be phased over time, the schedule, location and other details of each phase shall be provided by the permittee.

(12)Access Requests by Local Authorities

(a) Requests by appropriate local authorities for new access or for the reconstruction of existing access to the state highway (such as county roads and municipal streets) shall be administered by the Department as provided in subsection 2.3 , or by special written agreement or contract between the Department and the local authority. The local authority shall be considered the applicant. Access to subdivisions and other developments shall be processed in the same manner as a private access and applied for pursuant to subsection 2.3 or 2.3 until the access is constructed, completed, and accepted as a public access and public way by the appropriate local authority.

(b) Where a private development accessing the roadway of an appropriate local authority necessitates access improvements where the local roadway connects to a state highway, the permittee may either be the local jurisdiction, the developer or a combination, at the discretion of the local authority.

2.4Issuing a Notice to Proceed

(1) The Notice to Proceed is not a license. It states that the permittee has met the pre-construction and permit submittal requirements and may now proceed with construction. When ready to begin construction, the applicant shall submit all permit required construction drawings, specifications and other required items, along with a copy of the access permit to the issuing authority and provide a copy to the Department if the Department is not the issuing authority. If the issuing authority is the local authority, the local authority may request the Department to handle all processing of the Notice to Proceed. The request shall be in writing. The Department shall provide a copy of the Notice to Proceed to the local authority.

(2) The issuing authority or Department has seven days to determine if the submittal is complete for review or notify applicant of deficiencies. If complete, the submittals will be reviewed within thirty days and returned to the applicant with all required corrections identified. If certain submitted items are found unacceptable, missing, or in need of correction, the applicant shall correct their submittals and resubmit the request for Notice to Proceed.

(3) Upon resubmittal, the revised documents shall be reviewed within ten days. If the corrections made are satisfactory, the Notice to Proceed will be issued. If further corrections are necessary, the cycle of submittal, review and comment repeats itself until approval is granted and the Notice to Proceed is issued. If the applicant chooses not to request the Notice to Proceed, or chooses not to resubmit, the permit expires pursuant to subsection 2.3(11)(d).

(4) When certain new technical issues arise during this review that may affect the access permit terms and conditions the Department and the issuing authority will determine whether the technical issues fall within the conditions or parameters stated within the access permit. If the documents are consistent with the access permit, the Notice to Proceed will be granted. If they do not, the access in question is subject to the following options:

a. The applicant may attempt to solve the technical issues within the terms and conditions outlined in the access permit.

b. The Department may grant a waiver to those standards.

c. All parties may agree upon a different access location, design or configuration and jointly amend the access permit and then proceed to issue the Notice to Proceed.

(5) When necessary to amend a permit, and the permittee is agreeable and waives the right to an administrative hearing on the amendment, a letter detailing the amendment with reasons for the amendment shall be prepared. The letter of amendment requires the approval of the issuing authority, the Department and the permittee.

(6) When a traffic control plan is required, such a plan must be consistent with the Department Standard Plans Manual for Maintenance and Signing or a specific plan prepared by an American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certified individual or sealed (stamped) by a Colorado registered professional engineer, consistent with the M.U.T.C.D. and be acceptable by the Department and the issuing authority prior to any construction within the right-of-way. The final traffic control plan must be submitted a minimum of three working days in advance of construction. If requested by the issuing authority, a draft plan shall be provided prior to the Notice to Proceed. Construction may not commence until the traffic control plan has received the approval of the issuing authority and the Department. Such plans may be revised as necessary with Department concurrence.

(7) The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14 . All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway right-of-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector.

(8) All construction drawings shall be completed to the detail necessary to ensure that the construction of the access will be in compliance with the permit terms and conditions, including materials specifications.

(9) A Notice to Proceed shall be considered expired if the permit has expired. The Notice to Proceed may have a specific expiration date noted if it is necessary to condition the notice with a specific expiration date.

2.5Access Construction

(1) The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued. The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit.

(2) The Department or issuing authority may restrict work on or immediately adjacent to the highway, control lane closure periods and require pre-approval of all aspects of construction phasing, where access construction will affect traffic operation, roadway capacity and safety. Every effort shall be made to minimize the closure periods of any travel lanes. Work in the right-of-way will normally not be allowed on holidays, at night, during peak traffic hours, and during adverse weather conditions. The issuing authority may establish a fee schedule to charge an hourly and or daily fees for the closure of any travel lanes necessary for the construction of a private access (see subsection 2.11(2)).

(3) The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public.

(4) The permittee should arrange for access construction to be done by qualified contractors. Work shall be accomplished under Department or local authority inspection and shall meet all Department specifications.

(5) The Department or issuing authority at its discretion, may complete the installation of permanent traffic control devices. The permittee shall pay for direct costs and labor provided by the Department for the installation and relocation of all traffic control devices within public right-of-way directly related to the use or construction of the permitted access. Failure of the permittee to pay within a reasonable period may be considered grounds for permit suspension which may lead to revocation and access removal.

(6) Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access.

(7) The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended.

(8) A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair.

(9) The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. The Department or issuing authority may require the permittee to hire a Colorado registered professional engineer to affirm to the best of the engineer's knowledge and belief that the construction is in substantial compliance with the permit and specifications. The issuing authority and Department may require testing of materials. When so required, test results shall be provided to the Department.

2.6Changes in Land Use and Access Use

(1) It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors-in-interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required.

(2) The intent of this subsection is to recognize that beneficial modifications to existing developed property are to be encouraged. The redevelopment, reconstruction, remodeling, assemblage, and any other modifications to existing property will allow the property to retain some direct access if direct access currently exists. Where there is a private access to category F-W or E-X, a change in the use of the access requires full conformance with the standards of the category and may require closure of the access to achieve conformance.

(3) Unless there are identified safety problems, existing legal access to the state highway system shall be allowed to remain or be moved or reconstructed under the terms of an access permit in accordance with subsection 2.6 as long as total daily trips to and from the site are less than 100, or as long as only minor modifications are made to the property or as long as the access does not violate any specific permit terms and conditions. Minor modifications are defined as anything that does not increase the proposed vehicle volume to the site by 20 percent or more. When a field approach is used or will be used in excess of an average of one vehicle per day, such change in use disqualifies the approach as a field approach, and requires conformance with Section Three of the Code. Subsection 2.6 does not apply.

(4) Modifications to an existing highway access which is either in use or can demonstrate historical use, and does not comply with the provisions of Paragraph 3 above, may be granted according to the following provisions:

(a) Upon demonstration by the applicant that the proposed access point(s) will improve the operation or safety of the highway. Consolidation of access points is encouraged and shall be defined as a benefit to the highway for application of this rule. Where there are multiple accesses serving the site, a 50% reduction (rounded up for odd numbers) shall be sufficient.

(b) If (a) cannot be demonstrated, then the Department may require closure of those accesses to the state highway which are in excess of those allowed for undeveloped properties according to the criteria of the Access Code.

(c) The applicant may be required to comply with the requirements of the local jurisdiction and the Code, pertaining to public improvements, auxiliary lanes, and other access design criteria to the extent possible in order to maintain safe operations of the roadway system in accordance with the needs of the access category.

(5) A change in use which results in a change in the type or nature of access operation is presumptively established when, following the change in use, any of the events enumerated occur or reasonably are expected to occur by proper application of the ITE Trip Generation manual or by actual counts and reasonable predictions.

(6) Vehicular use and operation of local roads where they connect to (access) a state highway is the responsibility of the appropriate local authority. The local authority should maintain such state highway access locations in conformance with the Code to the extent feasible and practicable within statutory and public funding limitations. The local authority may fund any necessary improvements by obtaining contributions from the primary users of the access or as off-site subdivision improvements necessary for the public safety pursuant to sections 30-28-133 and 133.1, C.R.S., and sections 31-23-201 to 227, C.R.S., or other available public funds and local requirements.

(7) The Department or issuing authority may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or relocate any access, or redesign the highway including any auxiliary lane and allowable turning movement. The permittee and or current property owner will be notified of the change. Changes in roadway median design that may affect turning movements normally will not require a license modification hearing as an access permit confers no private rights to the permittee regarding the control of highway design or traffic operation even when that design affects access turning movements.

(8) Action pursuant to the Code initiated by the local authority or Department against an existing legal access either to revoke, suspend, limit, reconstruct, relocate or modify the access may be accomplished pursuant to either the Administrative Procedure Act, article 4 of title 24, C.R.S., or the government powers of eminent domain.

(9) All temporary permits in existence as of the effective date of the Code, shall be considered expired on September 1, 2001 unless a specific expiration date was provided on the permit. All new temporary permits shall expire three years from their date of issue unless a date providing for a shorter duration is specified. When the permittee wishes to reestablish the access, the standard application process shall be followed. Continued use of an access that has an expired permit shall be considered illegal access.

2.7Maintenance & Permit Transfer

(1) The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department.

2.8Access Violations

(1) The Department or issuing authority may install barriers across, or remove, any access which is determined by the Department to be illegal. Any access that provides direct access to a state highway which is constructed and or established without a current and legal access permit after August 30, 1981 shall be considered illegal. Any person who drives a vehicle onto or from any state highway except at permitted access locations commits a traffic infraction pursuant to section 42-4-1010, C.R.S., as amended.

(2) When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S.

(3) When closure of the access would constitute an undue hardship on access users other than the permittee and assigns and the Department or issuing authority has been unsuccessful in obtaining compliance with the permit by the permittee, and a safety hazard exists with the continued use of the access, the Department or issuing authority may complete the necessary modifications with public funds. The permittee shall reimburse any such public expenditure. The Department or issuing authority shall require reimbursement of these public funds by the permittee, his agents, heirs, successors-in-interests and assigns. Failure of the permittee to reimburse public funds in a reasonable period may result in suspension of the permit or permit revocation and or a lein may be filed.

2.9Appeals

(1) Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the Commission. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant.

(2) Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority.

(3) In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to subsection 2.10 . When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9 (5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently.

(4) Upon receiving a copy of the appeal, the Department may consider any objections and requested revisions at the request of the applicant or permittee and discuss the issues with the appellant. If agreement is reached, the Department, with the approval of the issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for the Department's reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. If the appeal includes a request for review by the internal administrative review Committee, the Secretary of the Committee shall be provided a copy of the appeal.

(5) Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit.

(6) The hearing will be held in accordance with article 4 of title 24, C.R.S. and also in accordance with the Rules of Procedure, Department of Administration, Division of Administrative Appeals, 1-CCR-104-1, and section 24-4-105, C.R.S., if the hearing is delegated to an Administrative Law Judge.

(7) The decision by the Commission or by an administrative law judge to whom the appeal is delegated, shall be considered final agency action. The standard of review by the Commission or by the administrative law judge is set forth in section 24-4-106, C.R.S. as amended.

(8) The Department or local authority may record any application or permit decision and related documents with the County Clerk and Recorder.

2.10Internal Administrative Review Committee

(1) The Executive Director of the Department shall establish an Access Code Administrative Review Committee ("Committee") in the Office of the Chief Engineer, and appoint three members, for the review of Department access decisions and administration. The purpose of the Committee is to help ensure the uniform administration of the Code and to seek resolution of disagreements as an optional alternative to conducting a formal administrative hearing pursuant to subsection 2.9 . No more than two of the three members shall be employed by the Department. Two additional persons shall be appointed as alternates to serve in the absence of a member, or when, in the opinion of the chairperson, a member may be faced with a conflict of interest. The Committee shall select a chairperson. A member may choose to recuse himself/herself from any case review without providing justification. One alternate shall be a Department employee. The Chief Engineer shall assign a Department employee as the non-voting Committee secretary, who will accomplish the Committee's administrative duties including letters, scheduling, preparation of written materials, distribution, record keeping and related duties, and prepare any materials requested by the Chief Engineer.

(2) A request for Committee review must be submitted in writing as a part of the appeal process pursuant to section 2.9. The request must be received by the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. The request to the Committee is optional. A permittee or applicant may elect to bypass the review process described in this subsection and proceed to an administrative hearing. A request for Committee review may not be submitted until the Region has concluded its access permit review process and made a decision. The applicant should provide complete written information supporting their request for Committee review. The applicant may make a personal appearance before the Committee or chose not to appear and rely on the Committee to read and discuss any submitted materials.

(3) Upon receipt of a request for review, the Committee secretary shall promptly notify the local jurisdiction and appropriate Region. The Secretary will schedule the review meeting based upon the meeting dates selected by the Committee, the convenience of the applicant, and the availability of the Department representatives. The Secretary shall provide notice of the meeting to all parties. The secretary will notify the appellant and the Region at least 10 working days in advance of the Committee meeting unless waived by both parties. The Committee has no authority over local issuing authorities. The Secretary shall direct all review requests regarding local issuing authority decisions to the appropriate local authority.

(4) The Committee shall meet regularly, as the Committee deems necessary, to provide a timely response to review requests. The Committee will normally consider each request within 30 calendar days of receipt.

(5) The appellant shall present their issues first at the Committee meeting. The presenters for the appellant shall have authority to represent the appellant. They have no more than 30 minutes to present. The Department representative will follow, not to exceed 30 minutes to present. The proponent may have a five minute response to the Department presentation. If requested, the Committee chair may extend the allotted times. Following the presentations the Committee may ask questions of any party.

(6) Following the presentations and questions if any, the Committee, in reaching their recommendation, shall consider all information received, the requirements of the Code, the Statement of Purpose and Intent contained in the Code, and any relevant Department policies and engineering practices. If the Committee finds there is insufficient information, the Committee may call a continuance to a later date and postpone its recommendation to the Chief Engineer. The Committee shall make an initial recommendation which will include the Committee's opinion regarding the facts, and findings. The Committee shall arrive at an initial recommendation prior to beginning a hearing on a new case. Within 10 days, the Committee secretary shall prepare the recommendation in writing, obtain the concurrence of the Committee, and forward the written recommendation to the Chief Engineer.

(7) Following receipt of the Committee recommendations, the Chief Engineer shall take the Committee's recommendations under advisement. The Chief Engineer has 10 days to review the Committee's recommendation and make a final decision. The Chief Engineer, based on his/her judgement, the Code and the recommendation of the Committee, shall direct Department staff to take appropriate action to either modify the permit, let the permit stand as offered originally, or uphold the Region determination. The Chief Engineer's decision shall be in writing. It shall include a listing of the facts, findings, applicable provisions of law and a decision. All parties to the review will be sent a copy of the decision. This will be considered the Department's final internal decision regarding the access application. The Secretary shall keep a separate record of all recommendations and decisions. Failure of the Chief Engineer to comply with the time frame set forth herein cannot be used as a basis for an argument that any certain decision has been made on an appeal.

(8) In conjunction with the Department staff, interested local governments, and private sector persons, the Committee may conduct quality assurance reviews of the access Code process, services and resources, as the Committee may deem appropriate or as requested by the Executive Director or Chief Engineer.

2.11Permit Fees, Forms and Records

(1) The issuing authority shall establish and collect a reasonable schedule of fees for access permits issued pursuant to the Code. Permit fees shall not exceed the costs of the administration of access permits. Local governments which are issuing authorities shall inform the Department of their fee schedules if any.

(2) The issuing authority may establish a fee schedule to charge an hourly and or daily fees for the closure of any travel lanes necessary for the construction of a private access. The fees will be estimated on the delay and interference caused by the closure on the general public. Such fees are applicable if for any part of any hour travel lane closure will result in a lower level of service and in a level of service lower than "D". The lane closure fee shall be no less than $200 per hour per day or $600 per day whichever is less. The purpose of the fee is to encourage the quick completion of all work that reduces highway capacity and safety or interferes with the through movement of traffic.

(3) Each issuing authority shall make applications forms and related materials available to the public. The Department shall provide to the issuing authority all official Department forms necessary for processing access applications, including the permit form and any other official access permit program forms used, to ensure consistent record keeping and legal and administrative action on the part of all those charged, in whole or in part, with the administration of the Code.

(4) A copy of the permit issued shall be maintained by the Department and the local issuing authority for as long as the permitted access is in existence pursuant to the permit. The Department shall be provided access to the access permit records of any local issuing authority for the purposes of auditing to verify that all access applications and permits have been properly processed and approved.

2.12Access Control Plans

(1) Either the Department or the appropriate local authority may, at its discretion, develop an access control plan for a designated portion of state highway. An access control plan provides the appropriate local authority and the Department with a comprehensive roadway access design plan for a designated portion of state highway for the purpose of bringing that portion of highway into conformance with its access category and its functional needs to the extent feasible given existing conditions. The plan should achieve the optimum balance between state and local transportation planning objectives, and preserve and support the current and future functional integrity of the highway.

(2) The access control plan shall indicate existing and future access locations and all access related roadway access design elements, including traffic signals, that are to be modified and reconstructed, relocated, removed, added, or remain. The plan shall not preclude the current or future accommodation of other transportation modes of bicycles, pedestrian and transit. All traffic control devices or modifications shall meet the requirements of the M.U.T.C.D. as required by state and federal statutes. To the extent practical the plan shall meet the functional characteristics and design standards of the assigned category and conform to all standards and specifications in the Code. To determine the sufficiency and ensure that the plan will be successful, a study will be completed incorporating the appropriate elements of Code section 2.3 and included as supporting information for Department review. At least one advertized public meeting shall be held during the development phase of the plan. All property owners of record abutting the state highway within the plan limits shall be notified by the Department or the appropriate local authority of the proposed plan and afforded the opportunity to submit any information, data and agreements regarding the proposed plan.

(3) The plan must receive the approval of both the Department and the appropriate local authority to become effective. This approval shall be in the form of a formal written agreement signed by the local authority and the Chief Engineer of the Department. After an access control plan is in effect, modifications to the plan must receive the approval of the local authority and the Department. Where an access control plan is in effect, all action taken in regard to access shall be in conformance with the plan and current Code design standards unless both the Department and the local authority approve a geometric design waiver under the waiver subsection of the Code.

2.13Interchange Management Plans

(1) An interchange management plan is required for any new interchange or significant modification to an existing interchange. The interchange and the management plan must receive the approval of the Chief Engineer.

(2) An interchange management plan is a simplified roadway, right-of-way and access control concept plan for the intersection of roadways where an interchange structure exists or is to be built or modified. Such plan shall include schematics for the location of all future and current access locations, public and private; anticipated traffic patterns, traffic signal locations, signing and striping; the acquisition of access rights where necessary; and any other controls that will ensure the continued protection of the functional integrity of the interchange including those roads entering the interchange area providing access to the freeway.

(3) Plan development procedures may follow the requirements of subsection 2.12 , Access Control Plans, where they apply. The design of the plan should be developed using desirable level standards of traffic operation planning and roadway design standards where feasible. Access rights should be obtained for a distance of 550 feet along the lesser street or cross road measured from the radius point of any ramp touch down curve. Frontage roads and other accesses which are closer to ramp termini than the spacing standards recommend, should be either relocated, closed, or turning movements restricted as soon as conditions allow.

2.14Department And Local Government Highway Construction Projects

(1) When in the course of highway improvement it is necessary to reconstruct, improve, relocate, close or bring into conformance with the Code an existing access or accesses, the Department or issuing authority will initiate the appropriate procedures, permits and agreements. Written concurrence by the appropriate local authority in the design plans illustrating access changes or by correspondence will constitute concurrence pursuant to section 43-2-147(6)(b), C.R.S. of the Act.

(2) Where the local authority retains issuing authority, the Department may request temporary administrative authority to issue access permits for any access within a designated highway project segment, or the issuing authority may be requested to concur in each access permit prior to permit approval by the Department. Access permits issued within the project limits should be constructed within two years from the date of issue. Extensions may be approved. Construction procedures and timing may be consistent with any project contract requirements.

(3) An access may not be upgraded to serve a greater purpose unless such improvement is allowed by an appropriate permit. The cost of any upgrade shall be at the expense of the property owner if necessitated by changes or anticipated changes in the use of the property.

(4) A public highway reconstruction project is not required to bring legal access into full compliance with current Code standards, but only to the extent reasonable within the limitations and scope of project consistent design parameters and available public funds.

(5) Where there are multiple accesses to the same ownership, public highway reconstruction may result in the combining and reduction of the number of driveways or modification of driveway size and design in order to meet necessary design and safety standards. The appropriate local authority may exercise its own legal authorities, resolutions and ordinances, to reduce the number of driveways to an ownership. Such local authority does not extend to the opening of new access to state highways except as allowed by state law.

(6) Temporary access within a highway project construction zone for highway construction activity is permissible. A permit is required for any new access location that provides access to the traveled portion of the roadway. The design, use and traffic controls of the access shall be detailed in the permit and on the project's traffic control plan. Where there is no project traffic control plan, flaggers shall be provided or the permit shall meet the standard design requirements of the Code.

(7) Under no circumstances shall the construction or reconstruction of a private driveway by a private interest interfere with the completion of a public highway construction project. The private interest shall coordinate work with Department project engineer.

2 CCR 601-1-2