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operational aspects of the drveway, the availability of vehicular 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 shall construct any driveway <br />providing vehicular access to or from any 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. Lf 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 tranepottation shall administer or assist in <br />the adtnin%stratlon 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 days upon a requested access permit, such <br />pemritshall be deemedapproved..Aceesspcrmits shall be issued only in compliance-wit}r <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-in.violation.of the access code, <br />permit terms and conditiotrs,.or this.sevtion,.either the issuing authority. orthe-department. <br />of transportation or both may obtain a court order enjoining violation of the access code, <br />permit terms and conditions, or this section. Such access permits maybe 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 department of transportation may install barriers across or remove any driveway <br />providing direct access to a state highway which is constructed tivithout an access permit. <br />(6) (a) The provisions of this section shall not apply to driveways in existence on June 30, <br />1979, unless specifically stated otherwise. Driveways constructed between July 1, 1979, <br />and the effective date of the access code shall comply with the driveway code adopted by <br />the department of transportation 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 departrnent of transportation with written concurrence of the appropriate <br />local authon_ty to be zeconsttucted or relocated to conform to the access code, either at the <br />property owner's expense if the reconstruction or relocation i necessitated by a change in <br />the use of the property »,hich results in a change in the type of driveway operation or at <br />the expense of:he department of trattsportation if the reconstruction or reiccation is <br />necessitated by changes in road or traffic conditions. Tne necessity for the relocation or <br />BBO-d BB/90~d 188-1 81Z8l5lBOB+ 81Z8'!5!'EOB ~IddV81 100-IN08d 07~Z1 58-IZ-lO <br />