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operational aspects of the driveway, the availability of vehiculaz access from local streets <br />and roads rather than a state highway, and reasonable access by city streets and county <br />roads. ~-- <br />(5) (a) After the effective date of the access code, no person shat] construct any driveway <br />providing vehicular access to or from atty state highway from or to property adjoining a <br />state highway without an access permit issued by the appropriate local authority with the <br />written approval of the department of transportation. If the local authority fails to act <br />within forty-five days after an access permit has been requested, such permit shall be <br />deemed issued subject to written approval of the department of transportation. If the <br />department of transportation does not act upon an access permit within twenty days after <br />notice by the local authority, or within twenty days. after local authorities should have <br />acted, whichever is the lesser, such permit shall be deemed approved. Upon written <br />request by a local authority, the department of transportation shall administer or assist in <br />the adtninistratian of access permits in that jurisdiction. If the department of <br />transportation undertakes to administer access permits in a jurisdiction, it shall act upon <br />requested access permits within forty-five days of request. If the department of <br />transportation fails to act within forty-five daysropon a requested access permit, such . <br />., .. permitshall be deemed_approved.,Aceess permits shall be issued only in compliance-with -. <br />_ the access code and may include terms and conditions authorized by the access code. <br />(b) The issuing authority shall establish a reasonable schedule o£ fees for access permits <br />-issued pursuant to the access code and this section, which fees shall not exceed the costs <br />of administration of access permits. <br />(c).When a permitted driveway.is,constructed-or utilized-inviolation-of-the.access code, -- <br />..permitterms and condtions,.or this-section, either the issuing authority. orthe-department. <br />of transportation or both may obtam a court order enjoining violation of the access cede, <br />permit terms and conditions, or this section. Such access permits may be revoked by the <br />issuing authority if, at any time, the permitted driveway and its use fail to meet the <br />requirements of this section, the access code, or the terms and conditions of the permit. <br />The deparkment of ttansporkation may install barriers across or remove any driveway <br />providing direct access to a state highway which is constructed without an access permit. <br />(6) (a) The provisions of this section shall not apply to driveways in existettce on June 30, <br />1979, unless specifically stated otherwise. Driveways constructed between 7uly 1, 1979, <br />and the effective date of the access code shall comply with the driveway code adopted by <br />the department of trartspvrtatioo pursuant to statutory authority prior to July 1, 1979. <br />(b) Any driveway, whether constructed before, on, or after June 30, 1979, maybe <br />required by the department of transportation with written concurrence of the appropriate <br />local authority to be reconstructed yr relocated to conform to the access code, either at the <br />property owner's expense if the reconstruction or relocation is necessitated by a change in <br />the use of the property which results in a change in the type of driveway operation or at <br />the expense of the department of transportation if the reconstruction or relocation is <br />necessitated by changes in taad or traffic conditions. The necessity for the relocation or <br /> <br />980- 80/90'd 188-! 6128L5lEOE+ BlZB'!5!'EOE ~IidtlaL lOO~~iOad OY~EI 50-1Z-10 <br />