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<br />43-2-1.47. Access to public highways. <br />5tatnte tent <br />(1) (a)17re department of transportation and local governments ate authorized to regulate <br />vehicular access to or from why public highway under their respective jurisdiction ft+om or <br />to property adjoining a public highway in order to protect the public health, safety, and <br />welfare, to maintain smooth tragic flow, to ruaintai;r highway tight-of--way drainage, and <br />to protect the functional level of public highways. In furtherance of these purposes, all <br />state highways aze hereby declazed to be controlled access highways, as de5ned in <br />section 42-1-102 (IS), C.R3. <br />(b) Vehicular access to or from property adjoining a state highway shall be provided to <br />the general street system, unless such access has been acquired by a public authority. <br />Police, fire, ambulance, and other emergency stafions shall have a right of direct access to <br />state highways. After June 21,1979, no person may submit an application far subdivision <br />- approval to a local authority unless the subdivision plan or plat provides that all lots and <br />- "parcels created by the subdivision will have access to the state highwa}t system:in" --. <br />conformance with the state highway access code, <br />. . (c) The provisions of this section shall not be deemed to deny reasonable access to the <br />genera] street system. <br />(2) After consultation with units of local government, the commission, oa or befoto <br />- November IS,1979, shall submit a state highway access code to the_legislative council: <br />The legislative council may appoint a eomtuittee to review the code and it shall tttutsmit <br />,. . <br />the code attd any findings thereon to the serrate committee on transpoi't;ition and-the <br />house of representatives wrrurlittee on transportation and energy at the beginning of the <br />1930 session of the general assembly. <br />(3} In reviewing the state highway access code, the iegislaNve committees of reference <br />may approve, approve with modifications, or reject the code. ]! allure of either or both <br />committees to act on or before March 15, 1980, shall be deemed approval thereof. <br />Should, however, either or both committees speci6caily reject the code, the committee <br />shall make necessary changes in the access code and t+esubmit it to the committee of <br />reference at the next regular session of the general assembly. <br />(4) The commission shall adopt a state highway access coda, by rule and regulation, for <br />the implcmeatation of this section, oa or alter Match 16, 1980. The access code shall <br />address the design and location of driveways and other points of access to public <br />highways. The access code shall be consistent with the authority granted in this section <br />and shall be based upon consideration of existing and projected trai~c volumes, the <br />• functional classification of public highways, adopted local transportation plans and needs, <br />drainage requirements, the character of lands adjoining the highway, adopted local land <br />use plans and zoning, the type and volume of traffic to use the driveway, other <br />980-d BO/90'd IB8-! 81Z815lEOEt 6128'!4!'EOE ~Idd1'H! 1007-NOa~ OY~E! 90-1Z-10 <br />