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State Highway Access Permit PERMIT EXPIRATION Form 107,Page 2 1. A permit shail be considered expired if the access is not The following paragraphs are excerpts of the State Highway under construction within one year of the permit issue date Access Code. These are provided for your convenience but or before the expiration of any authorized extension. When do not alleviate compliance with all sections of the Access the permittee is unable to commence constn�ction within one Code. A copy ofthe State Highway Access Code is available year after the pertnit issue date,the permittee may request a from your local issuing authority (local government) or the one year e�ension from the issuing authority. No more than Colorado Department of Transportation (Department). two one-year extensions may be granted under any When this permit was issued,the issuing authority made its circumstances. If the access is not under construetion within decision based in part on information submitted by the three years from date of issue the permit will be considered applicant, on the access category which is assigned to the expired.Any request for an extension must be in writing and highway, what alternative access to other public roads and submitted to the issuing authority before the permit expires. streets is available, and safety and design standards. The request should state the reasons why the extension is Changes in use or design not approved by the permit or the necessary, when construction is anticipated, and include a issuing authority may cause the revocation or suspension of copy ot page 1 (face of permit) of the access permit. the permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department APPEALS prior to the approval of an extension, and shall notify the Depa►tment of all denied extensions within ten days. Any 1. Should the permittee or applicant object to the denial of person wishing to reestablish an access peRnit that has a permit application by the Department or object to any of the expired may begin again with the application procedures.An terms or conditions of a permit placed there by the approved Notice to Proceed, automatically renews the Departrnent, the applicant and permittee (appellant) have a access permit for the period of the Notice to Proceed. right to appeal the decision to the [Transportation] Commission [of ColoradoJ. To appeal a decision, submit a CONSTRUCTION request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of 1. Construction may not begin until a Notice to Proceed is notice of denial or transmittal of the permit for signature. approved.(Code subsection 2.4] Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 2. The construction of the access and its appurtenances as 80222-3400. The request shall include reasons for the required by the terms and conditions of the permit shall be appeal and may include changes, revisions, or conditions completed at the expense of the permittee except as that would be acceptable to the permittee or applicant. provided in subsection 2.14. All materials used in the construction of the access within the highway right-of-way or 2. Any appeal by the applicant or permittee of action by a on permanent easements, become public property. Any local issuing authority shall be filed with the local authority materials removed from the highway right-0f-way will be and be consistent with the appeal procedures of the local disposed of only as directed by the Department.All fencing, authority. guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall 3. In submitting the request for administrative hearing, the be given to the Department unless othervvise instructed by appellant has the option of including within the appeal a the permit or the Department inspector. request for a review by the DepartmenYs intemal administrative review committee pursuant to [Code] 3. The perrnittee shall notify the individual or the office subsection 2.10.When such committee review is requested, specified on the permit or Notice to Proceed at least two processing of the appeal for formal administrative hearing, working days prior to any construction within state highway 2.9(5)and(6),shall be suspended until the appellant notifies right-of-way. Construction of the access shall not proceed the Commission to proceed with the administrative hearing, until both the access permit and the Notice to Proceed are or the appellant submits a request to the Commission or the issued.The access shall be completed in an expeditious and administrative law judge to withdraw the appeal. The two safe manner and shall be finished within 45 days from administrative processes, the intemal administrative review initiation of construction within the highway right-of-way. A committee, and the administrative hearing, may not run construction time extension not to exceed 30 wo�icing days concurrently. may be requested from the individual or office specified on the permit. 4. Regardless of any communications, meetings, administrative reviews or negotiations with the Department 4. The issuing authority and the Department may inspect or the intemal administrative review Committee regarding the access during construction and upon completion of the revisions or objections to the permit or a denial, if the access to ensure that all terms and conditions of the permit permittee or applicant wishes to appeal the DepartmenYs are met. Inspectors are authorized to enforce the conditions decision to the Commission for a hearing, the appeal must of the permit during construction and to halt any activities be brought to the Commission within 60 days of transmittal within state right-of-way that do not comply with the of notice of denial or transmittal of the permit. 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.