Proposed Statement of Basis,
Specific Statutory Authority, and Purpose
For Revisions to the State Highway Access Category schedule, 2 CCR 601-1a
September 30, 2007

Authority:

Section 43-2-147, C.R.S., authorizes the Colorado Department of Transportation (“Department”) to regulate vehicular access to or from the State Highway System and establish a functional classification system. The State Highway Access Code, 2 CCR 601-1,(“Access Code”) implements the state statute and sets standards for the regulation of access on State Highways. The Access Code is adopted by the Transportation Commission of Colorado (“Commission”).

Section Three of the Access Code provides an access control classification system. There are eight separate categories. The State Highway Access Category Assignment Schedule2 CCR 601-1a (“the Schedule”) assigns to each state highway segment a category pursuant to the requirements of Access Code subsection 2.2 and Section Three. This assignment adoption is by the Commission.

The Schedule was first published in May of 1992 pursuant to the specific statutory authority of §43-2-147(4), C.R.S.. It was later revised through rule making with the latest revision effective date of January 23, 2003. The Transportation Commission of Colorado now finds it necessary to revise a portion of the State Highway Access Category Assignment Schedule, 2 CCR 601-1a.

Purpose:

Revisions
The Schedule will be revised from time to time in accordance with Access Code subsection 2.2. The State Highway System is modified from time to time, including new additions, abandonments, and administrative changes in accordance with the duties and powers of the Department and the Transportation Commission (Commission).

The Commission, in accordance with § 24-4-103, C.R.S., shall act upon pending category change requests. The appropriate local authority acting by resolution; the MPO or TPR with the approval of the affected local authority; or the Department; may submit to the Commission requests for changes in the adopted access category schedule for sections of state highway within their jurisdiction.

Notice of Rule Making for this hearing was submitted to the Secretary of State and published in the Colorado Register on June 10, 2007. The proposed Rule revisions and Notice of Rule Making were distributed by US Mail on June 10, 2007 to solicit comments. Copies were mailed to municipalities, counties, metropolitan planning organizations, the Colorado Municipal League and Colorado Counties Incorporated . The mailing list focused on local governments that currently have a Category change request on a state highway within their jurisdiction. Since the distribution of these notices and proposed revisions no comments have been received. The September 30, 2007 edition of the proposed Rule revisions was not further revised.

This “Statement of Basis, Specific Statutory Authority and Purpose” presents for the record the Department’s explanation of the statutory basis and the rationale in support of the proposed Rule revisions.

End of document.