A toll road or toll highway company may not enter into a noncompete agreement with a public entity if the agreement would degrade an existing roadway or either delay or prevent the construction or upgrading of a road or highway that is included in the fiscally constrained regional transportation plan required by section 43-1-1103(1) or the fiscally constrained comprehensive statewide transportation plan required by section 43-1-1103(5).
C.R.S. § 43-3-304