Section 43-2-147 - Access to public highways - definitions(1)(a) The department of transportation and local governments are authorized to regulate vehicular access to or from any public highway under their respective jurisdiction from or to property adjoining a public highway in order to protect the public health, safety, and welfare, to maintain smooth traffic flow, to maintain highway right-of-way drainage, and to protect the functional level of public highways. In furtherance of these purposes, all state highways are hereby declared to be controlled-access highways, as defined in section 42-1-102 (18), C.R.S.(b) Vehicular access to or from property adjoining a state highway shall be provided to the general street system, unless such access has been acquired by a public authority. Police, fire, ambulance, and other emergency stations shall have a right of direct access to state highways. After June 21, 1979, no person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code.(c) The provisions of this section shall not be deemed to deny reasonable access to the general street system.(4) The commission shall adopt a state highway access code, by rule and regulation, for the implementation of this section, on or after March 16, 1980. The access code shall address the design and location of driveways and other points of access to public highways. The access code shall be consistent with the authority granted in this section and shall be based upon consideration of existing and projected traffic volumes, the functional classification of public highways, adopted local transportation plans and needs, drainage requirements, the character of lands adjoining the highway, adopted local land use plans and zoning, the type and volume of traffic to use the driveway, other operational aspects of the driveway, the availability of vehicular access from local streets and roads rather than a state highway, and reasonable access by city streets and county roads.(5)(a) After the effective date of the access code, no person shall construct any driveway providing vehicular access to or from any state highway from or to property adjoining a state highway without an access permit issued by the appropriate local authority with the written approval of the department of transportation. If the local authority fails to act within forty-five days after an access permit has been requested, such permit shall be deemed issued subject to written approval of the department of transportation. If the department of transportation does not act upon an access permit within twenty days after notice by the local authority, or within twenty days after local authorities should have acted, whichever is the lesser, such permit shall be deemed approved. Upon written request by a local authority, the department of transportation shall administer or assist in the administration of access permits in that jurisdiction. If the department of transportation undertakes to administer access permits in a jurisdiction, it shall act upon requested access permits within forty-five days of request. If the department of transportation fails to act within forty-five days upon a requested access permit, such permit shall be deemed approved. Access permits shall be issued only in compliance with the access code and may include terms and conditions authorized by the access code.(b) The issuing authority shall establish a reasonable schedule of fees for access permits issued pursuant to the access code and this section, which fees shall not exceed the costs of administration of access permits.(c) When a permitted driveway is constructed or utilized in violation of the access code, permit terms and conditions, or this section, either the issuing authority or the department of transportation or both may obtain a court order enjoining violation of the access code, permit terms and conditions, or this section. Such access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its use fail to meet the requirements of this section, the access code, or the terms and conditions of the permit. The department of transportation may install barriers across or remove any driveway providing direct access to a state highway which is constructed without an access permit.(6)(a) The provisions of this section shall not apply to driveways in existence on June 30, 1979, unless specifically stated otherwise. Driveways constructed between July 1, 1979, and the effective date of the access code shall comply with the driveway code adopted by the department of transportation pursuant to statutory authority prior to July 1, 1979.(b) Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the department of transportation with written concurrence of the appropriate local authority to be reconstructed or relocated to conform to the access code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation or at the expense of the department of transportation if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the access code.(c) Any party who has received an adverse decision by the department of transportation may request and shall receive a hearing before the transportation commission or before an administrative law judge from the department of personnel, at the discretion of the transportation commission. Such hearing shall be conducted in accordance with the provisions of article 4 of title 24, C.R.S. Decisions by the transportation commission or by an administrative law judge shall be considered final agency action.(d) Reconstruction or relocation of a driveway shall be administered in the same manner as the revocation of a license under the "State Administrative Procedure Act".(7) The boards of county commissioners may, by resolution, and other local authorities may, in the manner prescribed in article 16 of title 31, C.R.S., adopt by reference the state highway access code, in whole or in part, or may adopt separate provisions, for application to local roads and streets that are not a part of the state highway system.(7.5) The issuing authority shall grant a variance from the state highway access code if such variance would not be inconsistent with paragraph (a) of subsection (1) of this section and if such variance is reasonably necessary for the convenience, safety, and welfare of the public. If failure to grant a variance would deny reasonable access to the general street system, such denial may be subject to the provisions of section 43-1-208 and section 15 of article II of the state constitution.(8) As used in this section, unless the context otherwise requires: (a) "Access control plan" means a roadway design plan which designates preferred access locations and their designs for the purpose of bringing those portions of roadway included in the access control plan into conformance with their functional classification to the extent feasible.(b) "Appropriate local authority" means the board of county commissioners if the driveway is to be located in the unincorporated area of a county and the governing body of the municipality if the driveway is to be located within an incorporated municipality.(c) "Functional classification" means a classification system that defines a public roadway according to its purposes in the local or statewide highway plans. The commission shall determine the functional classification of all state highways. The functional classification of county roads and city streets shall be determined by the appropriate local authority.(d) "General street system" means the interconnecting network of city streets, county roads, and state highways in an area.(e) "Issuing authority" means the entity which issues access permits and includes the board of county commissioners, the governing body of a municipality, and the department of transportation.(f) "Local road" means a county road, as provided in sections 43-2-108 and 43-2-109, and "local street" means a municipal street, as provided in sections 43-2-123 and 43-2-124.L. 79: Entire section added, p. 1600, § 1, effective June 21. L. 81: (1)(b), (5)(a), and (6)(b) to (6)(d) amended, p. 2020, § 1, effective April 14. L. 84: (6)(b) and (6)(c) amended and (7.5) added, p. 1110, § 1, effective July 1. L. 87: (6)(c) amended, p. 976, § 101, effective March 13. L. 91: (1)(a), (5)(a), (5)(c), (6)(a) to (6)(c), and (8)(e) amended, p. 1108, § 153, effective July 1. L. 94: (1)(a) amended, p. 2571, § 99, effective 1/1/1995. L. 95: (6)(c) amended, p. 668, § 110, effective July 1. L. 2006: (2) and (3) repealed, p. 150, § 38, effective August 7. For the state highway access code, see 2 CCR 601-1; for the "State Administrative Procedure Act", see article 4 of title 24 .