2 Colo. Code Regs. § 601-3-2.00

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

Section 2 CCR 601-3-2.00 - Permitting

2.1Signs Requiring a CDOT Permit

A. A permit from the Department shall be required for all Signs within the Control Area as provided for in §§ 43-1-407 and 408, C. R.S. A permit is required for all Signs, including:

1. Nonconforming Advertising Devices [§ 43-1-403(12), C.R.S.];

2. Advertising Devices located in areas Zoned for Commercial or Industrial Uses by law [§ 43-1-404(1)(d) and (e), and § 43-1-407(1)(c), C.R.S.]; and

3. Advertising on Bus Benches and Shelters. [§ 43-1-407(2)(a)(I) through (III), C.R.S.]

4. Repealed.

2.2Repealed.

2.3Conditions that Prohibit CDOT from Issuing or Renewing a Permit [§ 43-1-411, and § 43-1-417(3)(a), C.R.S. and 23 C.F.R. § 750.108]

A. The Department is prohibited from issuing a Permit for any Advertising Device pursuant to § 43-1-411, C.R.S. and 23 C.F.R. § 750.108 if the Sign:

1. Does not conform to size, lighting, and spacing standards as prescribed by these Rules where the Rules were adopted prior to the erection of the Advertising Device;

2. Would encroach upon the right-of-way of a public highway absent prior written approval from the Department;

3. Is within 500 feet of the center point of an intersection of a Controlled Route at grade with another highway or with a railroad so as to materially obstruct or reduce the existing view of traffic on the other highway or railway trains approaching the intersection;

4. Is along a Controlled Route where it would reduce the existing view of traffic in either direction or of traffic control or official highway signs to less than 500 feet;

5. Includes more than two advertising panels on an Advertising Device facing the same direction;

6. Required a permit prior to July 1, 1981, and no permit was obtained;

7. Simulates any official, directional, or warning sign erected or maintained by the federal or state government or local governing body which involves light that simulates or resembles traffic signals or traffic control signs;

8. Is nailed, tacked, posted, or attached in any manner on trees, plants, fence posts, public utility poles, rocks or other natural objects; or

9. The Department is prohibited from issuing or renewing a Permit if the Sign becomes decayed, insecure, or in danger of falling or otherwise is unsafe or unsightly due to lack of maintenance or repair, or from any other cause.

2.4Required Permit Identification on the Sign [§ 43-1-409(4), C.R.S.]

A. The Sign must display the following information in a conspicuous location Visible from the Main Traveled Way:

1. The name of the Permittee or owner of the Permitted Sign;

2. The Permit Number Identifier assigned by the Department, which must be affixed within 30 days after the date of issuance;

B. If the name of the Permittee or owner and the Permit Identifier Number and any other required information is not conspicuous and Visible as required, the Permit for the device may be revoked pursuant to Rule 2.11.

2.5Permit Term [§ 43-1-409(1)(a) -(b), C.R.S.]

A. The Department shall issue a Permit for up to one year from the date of issuance.

B. If the Advertising Device authorized by a Permit is not erected within 1 year from the Permit issuance date, then the Permit is void as of one year from the date it was issued [§ 43-1-409(1)(a), C.R.S.].

C. Permits shall be issued without proration for periods of less than 1 year. Permit renewals shall be received before June 1 of each year and shall be issued for a 1 year period beginning July 1 and ending June 30 the following year.

D. The permit holder may request a replacement Permit Identifier Number at no additional cost.

2.6Permit Payment and Maintenance Requirements [§ 43-1-408 and § 43-1-409, C.R.S.]

A. All requirements set forth in § 43-1-408 and § 43-1-409, C.R.S., with respect to the Permit Application shall be met before a Permit is issued, including the fee payment for the Permit.

B. Permit Applications for Advertising Devices located in an area Zoned for Commercial or Industrial Uses must include proof of the dates of the initial and current zoning of the proposed Advertising Device's location and any information that proves that the authorized governmental entity took official action to zone the area.

C. The Applicant shall not construct the Advertising Device structure prior to obtaining a Permit.

D. The Permittee shall repair, replace, and Maintain in good condition any damaged Advertising Device structure as allowed in these Rules.

E. A Permit must be obtained from the Department prior to entering the right-of-way to perform any kind of work.

2.7Permit Renewals[§ 43-1-409, C.R.S.]

A. Every Permit must be renewed annually and accompanied by a renewal fee pursuant to § 43-1-409, C.R.S., with the exception of Permits related to advertising devices subject to agreements of certification between CDOT and the local zoning authority.

B. The Permit holder shall, during the term of the Permit, have the right to change the advertising copy, ornamentation, or trim on the structure or Sign subject to the Permit without payment of any additional fee.

C. Renewal fees shall be assessed in accordance with § 43-1-409, C.R.S.

D. If the renewal fee is not received on or before May 31, a late fee shall be assessed. The Department shall not waive late fees.

E. If the Department does not receive a timely application for renewal, the Department shall give written notice by certified mail to the Permittee requiring him or her within 60 days of receipt of the notice to apply for a renewal permit and pay an additional late fee pursuant to § 43-1-409, C.R.S., or remove the Advertising Device by a certain date. The notice shall include the right of the Permittee to request a hearing. [§ 43-1-412(2)(b), C.R.S.]

2.8Permit Renewals for Advertising Device subject to Agreement of Certification between Department and Local Zoning [§ 43-1-409, C.R.S.]

A. A Permit renewal is not required for an Advertising Device erected in an area Zoned for Commercial or Industrial Uses where the local zoning authority has entered into an agreement of certification with the Department, and the local zoning authority has legal requirements in place concerning the control of Advertising Devices that are at least as restrictive as these Rules as to size, lighting, spacing, use and maintenance.

B. The local zoning authority's agreement of certification must contain the terms set forth in § 43-1-409(2), C.R.S. If the Department determines after public hearing that the local zoning authority has failed to comply with its agreement of certification, the Department may rescind the agreement of certification by taking the steps set forth in § 43-1-409(2), C.R.S.

C. The Department's action resulting from this process shall constitute a final agency action.

D. In the event of rescission of the agreement of certification, the Permittee must renew the Permit.

2.9Transfers of Permits [§ 43-1-409(7), C.R.S.]

A. A Permittee may transfer the Permit to another party.

B. The Permittee or the other party must file with the Department a transfer form signed by the Permittee and purchaser or transferee within 60 days of the transfer of legal interest in the Advertising Device.

C. The transfer form must include the name and address of the purchaser or transferee, the Permit Identifier Number, contact information for the Permittee and purchaser or transferee, and a copy of any lease or sale agreement documenting the transfer.

D. Any change in size, location, or materials of the Advertising Device shall require a new Permit application.

2.10Permits for Bus Benches and Bus Shelters [§ 43-1-407(2)(A)(I) and (II), C.R.S.]

A. The Department shall issue a Permit to erect or Maintain an Advertising Device on a bus bench or bus shelter located within the right-of-way of any State Highway or on land adjacent to or Visible from the right-of-way of any State Highway if the local governing body having authority over the State Highway pursuant to § 43-2-135, C.R.S. has approved such Advertising Device.

B. The Department shall accept the local Permit as a state-approved Permit if the approval procedure of the local governing body included a determination that the Advertising Device does not restrict pedestrian traffic and is not a safety hazard to the motoring public. [§ 43-1-407(2)(a)(I), C.R.S.]

C. The Department shall not impose any additional or more strict requirements for Advertising Device Permits on bus benches or bus shelters than those imposed by a local governing body unless required by federal law, or based on safety requirements for bus benches or shelters.

D. If the bus bench or bus shelter is located on a Controlled Route outside of a city, city and county, or incorporated town, the Department shall have direct authority over the issuance of a permit. [§ 43-1-417, C.R.S. and 43-2-135, C.R.S.]

2.11Permit Denial, Revocation, or Denial of Renewal [23 C.F.R. § 750.104; § 43-1-410, C.R.S.]

A. The Department may deny, revoke, or deny the renewal of a Permit for any violation of state or federal law or these Rules, including but not limited to:

1. False or misleading information in the Permit application or renewal;

2. Failure to maintain the Sign in good repair;

3. Failure to comply with all Permit provisions;

4. Increasing the permitted size of an Advertising Device; or

5. Any violation of federal law referenced herein, § 43-1-401, et seq., C.R.S. or these Rules.

B. The Department will notify the Applicant or Permittee in writing stating the reasons for the denial of the application, the denial of the renewal of the Permit, or the revocation of the Permit along with the opportunity to request a hearing as set forth in Rule 5.00.

2 CCR 601-3-2.00

38 CR 02, January 25, 2015, effective 2/14/2015

44 CR 21, November 10, 2021, effective 11/30/2021