(1) (a) The department of transportation and local governments are authorized to regulate vehicular access to or from any public highway under their respective jurisdiction from or to property adjoining a public highway in order to protect the public health, safety, and welfare, to maintain smooth traffic flow, to maintain highway right-of-way drainage, and to protect the functional level of public highways. In furtherance of these purposes, all state highways are hereby declared to be controlled-access highways, as defined in section 42-1-102 (18), C.R.S.
(b) Vehicular access to or from property adjoining a state highway shall be provided to the general street system, unless such access has been acquired by a public authority. Police, fire, ambulance, and other emergency stations shall have a right of direct access to state highways. After June 21, 1979, no person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code.
(c) The provisions of this section shall not be deemed to deny reasonable access to the general street system.
(2) and (3) Repealed.
(4) The commission shall adopt a state highway access code, by rule and regulation, for the implementation of this section, on or after March 16, 1980. The access code shall address the design and location of driveways and other points of access to public highways. The access code shall be consistent with the authority granted in this section and shall be based upon consideration of existing and projected traffic volumes, the functional classification of public highways, adopted local transportation plans and needs, drainage requirements, the character of lands adjoining the highway, adopted local land use plans and zoning, the type and volume of traffic to use the driveway, other operational aspects of the driveway, the availability of vehicular access from local streets and roads rather than a state highway, and reasonable access by city streets and county roads.
(5) (a) After the effective date of the access code, no person shall construct any driveway providing vehicular access to or from any state highway from or to property adjoining a state highway without an access permit issued by the appropriate local authority with the written approval of the department of transportation. If the local authority fails to act within forty-five days after an access permit has been requested, such permit shall be deemed issued subject to written approval of the department of transportation. If the department of transportation does not act upon an access permit within twenty days after notice by the local authority, or within twenty days after local authorities should have acted, whichever is the lesser, such permit shall be deemed approved. Upon written request by a local authority, the department of transportation shall administer or assist in the administration of access permits in that jurisdiction. If the department of transportation undertakes to administer access permits in a jurisdiction, it shall act upon requested access permits within forty-five days of request. If the department of transportation fails to act within forty-five days upon a requested access permit, such permit shall be deemed approved. Access permits shall be issued only in compliance with the access code and may include terms and conditions authorized by the access code.
(b) The issuing authority shall establish a reasonable schedule of fees for access permits issued pursuant to the access code and this section, which fees shall not exceed the costs of administration of access permits.
(c) When a permitted driveway is constructed or utilized in violation of the access code, permit terms and conditions, or this section, either the issuing authority or the department of transportation or both may obtain a court order enjoining violation of the access code, permit terms and conditions, or this section. Such access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its use fail to meet the requirements of this section, the access code, or the terms and conditions of the permit. The department of transportation may install barriers across or remove any driveway providing direct access to a state highway which is constructed without an access permit.
(6) (a) The provisions of this section shall not apply to driveways in existence on June 30, 1979, unless specifically stated otherwise. Driveways constructed between July 1, 1979, and the effective date of the access code shall comply with the driveway code adopted by the department of transportation pursuant to statutory authority prior to July 1, 1979.
(b) Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the department of transportation with written concurrence of the appropriate local authority to be reconstructed or relocated to conform to the access code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation or at the expense of the department of transportation if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the access code.
(c) Any party who has received an adverse decision by the department of transportation may request and shall receive a hearing before the transportation commission or before an administrative law judge from the department of personnel, at the discretion of the transportation commission. Such hearing shall be conducted in accordance with the provisions of article 4 of title 24, C.R.S. Decisions by the transportation commission or by an administrative law judge shall be considered final agency action.
(d) Reconstruction or relocation of a driveway shall be administered in the same manner as the revocation of a license under the State Administrative Procedure Act.
(7) The boards of county commissioners may, by resolution, and other local authorities may, in the manner prescribed in article 16 of title 31, C.R.S., adopt by reference the state highway access code, in whole or in part, or may adopt separate provisions, for application to local roads and streets that are not a part of the state highway system.
(7.5) The issuing authority shall grant a variance from the state highway access code if such variance would not be inconsistent with paragraph (a) of subsection (1) of this section and if such variance is reasonably necessary for the convenience, safety, and welfare of the public. If failure to grant a variance would deny reasonable access to the general street system, such denial may be subject to the provisions of section 43-1-208 and section 15 of article II of the state constitution.
(8) As used in this section, unless the context otherwise requires:
(a) Access control plan means a roadway design plan which designates preferred access locations and their designs for the purpose of bringing those portions of roadway included in the access control plan into conformance with their functional classification to the extent feasible.
(b) Appropriate local authority means the board of county commissioners if the driveway is to be located in the unincorporated area of a county and the governing body of the municipality if the driveway is to be located within an incorporated municipality.
(c) Functional classification means a classification system that defines a public roadway according to its purposes in the local or statewide highway plans. The commission shall determine the functional classification of all state highways. The functional classification of county roads and city streets shall be determined by the appropriate local authority.
(d) General street system means the interconnecting network of city streets, county roads, and state highways in an area.
(e) Issuing authority means the entity which issues access permits and includes the board of county commissioners, the governing body of a municipality, and the department of transportation.
(f) Local road means a county road, as provided in sections 43-2-108 and 43-2-109, and local street means a municipal street, as provided in sections 43-2-123 and 43-2-124.
Source: L. 79: Entire section added, p. 1600, � 1, effective June 21. L. 81: (1)(b), (5)(a), and (6)(b) to (6)(d) amended, p. 2020, � 1, effective April 14. L. 84: (6)(b) and (6)(c) amended and (7.5) added, p. 1110, � 1, effective July 1. L. 87: (6)(c) amended, p. 976, � 101, effective March 13. L. 91: (1)(a), (5)(a), (5)(c), (6)(a) to (6)(c), and (8)(e) amended, p. 1108, � 153, effective July 1. L. 94: (1)(a) amended, p. 2571, � 99, effective January 1, 1995. L. 95: (6)(c) amended, p. 668, � 110, effective July 1. L. 2006: (2) and (3) repealed, p. 150, � 38, effective August 7.
Cross references: For the state highway access code, see 2 CCR 601-1; for the State Administrative Procedure Act, see article 4 of title 24.
43-2-148. Metropolitan transportation development commission. (Repealed)
Source: L. 89, 1st Ex. Sess.: Entire section added, p. 69, � 1, effective July 11. L. 97: Entire section repealed, p. 195, � 1, effective April 1.
43-2-149. Roadside memorials authorized - specifications - permit - definitions. (1) As used in this section, unless the context otherwise requires:
(a) County memorial means a plaque, monument, or similar object placed in a particular location on a county road to commemorate one or more people who died on that county road.
(b) Department means the department of transportation.
(c) Erect means to construct or allow to be constructed.
(d) Highway means any road in the state highway system, as defined in section 43-2-101 (1).
(e) Maintain means to preserve, keep in repair, or replace a roadside memorial.
(f) State memorial means a sign on a highway to commemorate one or more people who died on that highway.
(2) (a) (I) The department shall erect and maintain a state memorial requested in accordance with this subsection (2). The department shall be exclusively responsible for the type, location, and design of the state memorial.
(II) An application for a state memorial shall be made on a form provided by the department, shall be signed by the applicant or the applicant's duly authorized officer or agent, and shall include:
(A) The name and address of the applicant;
(B) The name of the individual memorialized and the highway where such individual lost his or her life; and
(C) A fee to be determined by the department; except that such fee shall not exceed the direct and indirect expenses associated with erecting and maintaining such state memorial. The department shall transmit the fee to the state treasurer for deposit in the state highway fund, created in section 43-1-219.
(b) A state memorial shall be located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location. A state memorial shall contain the name of the person memorialized and shall be erected and maintained for at least two years.
(c) Notwithstanding any provision of this section to the contrary, if any provision of this section conflicts with federal law, the department shall not erect or maintain state memorials pursuant to this section.
(2.5) (a) (I) The department shall erect and maintain a permanent state memorial for each Colorado state trooper who has died on a highway while in the line of duty.
(II) The state memorial erected pursuant to subparagraph (I) of this paragraph (a) must:
(A) Be placed in the location where the trooper's death occurred, located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location; and
(B) Measure four feet in height by three feet in width.
(b) The department shall use gifts, grants, and donations to fund the state memorials placed pursuant to this subsection (2.5).
(c) Notwithstanding any provision of this section to the contrary, if the application of any provision of this subsection (2.5) in a specific location conflicts with federal law, the department shall neither erect nor maintain a state memorial at that location.
(3) (a) (I) A person may erect and maintain a county memorial if the proposed county memorial conforms with the requirements of this subsection (3) and, where required by the county, the applicable board of county commissioners, or the board's designee, has issued a permit to erect the county memorial on a county road in a primary or secondary system, as described in section 43-2-108. An applicant for a permit to erect a county memorial on a county road shall be exclusively responsible for the type, location, and design of the county memorial, subject to the requirements of this section.
(II) An application for a permit shall be made on a form provided by the county, shall be signed by the applicant or the applicant's duly authorized officer or agent, and shall include:
(A) The type, proposed location, and dimensions of the proposed county memorial and other information required by the form;
(B) The name and address of the applicant;
(C) The name of the individual memorialized and the highway where such individual lost his or her life;
(D) An agreement by the applicant to erect and maintain the county memorial in a safe, sound, and good condition; and
(E) A uniform fee not to exceed the county's direct and indirect expenses associated with issuing and administering the permit. The county shall transmit the fee to the county treasurer, who shall credit it to the applicable county highway or transportation fund.
(b) County memorials shall not exceed three feet in height above the ground, two feet in width, and six inches in thickness. County memorials shall be constructed of a durable material and shall not contain any moving or electronic parts. County memorials shall be located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location. County memorials may contain the name of the person memorialized, the dates of such person's birth and death, and other relevant information.
(4) (a) The department shall deny an application for a state memorial if the proposed location of the memorial would result in a potential safety hazard or maintenance impediment. The department may suggest that the applicant consider an alternative design or placement and may remove any memorial on a highway that does not comply with the provisions of subsection (2) of this section. The department may deny or revoke a permit for false or misleading information given in the application for a state memorial pursuant to subsection (2) of this section.
(b) A board of county commissioners, or the board's designee, shall deny an application if the proposed type or location of the county memorial would result in a potential safety hazard or maintenance impediment. The board of county commissioners, or the board's designee, may suggest that the applicant consider an alternative design or placement and may remove any county memorial that does not comply with subsection (3) of this section, including through the applicant's failure to substantially perform any erection or maintenance agreement specified in the permit. The board of county commissioners, or the board's designee, may deny or revoke a permit for false or misleading information given in the application or for the erection or maintenance of a county memorial in violation of this section.
(c) Nothing in this section shall be construed to require a county to establish a permitting process pursuant to this section, but no county may prohibit or deny requests for placement of roadside memorials on county roads in the absence of a permitting process that complies with this section.
Source: L. 2004: Entire section added, p. 774, � 1, effective May 20. L. 2016: (2.5) added, (HB 16-1060), ch. 111, p. 315, � 1, effective April 21.
43-2-150. Roadside chain service - rules - permits - fees - liability - definition. (1) The department may contract with or issue permits to one or more entities to provide roadside assistance, by selling or applying chains or other equipment to commercial vehicles, necessary to enable compliance with section 42-4-106. The department may authorize, by rule, permit, or contract, the entity to receive a reasonable fee for services provided.
(2) (a) The department shall issue a permit to a qualified applicant. The permit authorizes its holder to install or remove tire chains or alternate traction devices on motor vehicles for a fee paid by the driver of the motor vehicle subject to the following:
(I) The tire chains or alternate traction devices must be installed or removed at locations designated in the permit;
(II) Permit holders must comply with the conditions in the permit; and
(III) A permit must not designate locations within a municipality without the approval of the municipality unless the location is a designated chain station or is within an interstate highway.
(b) The department may place conditions on the permit concerning the safe and orderly movement of traffic.
(c) The department shall issue sufficient permits for the installation or removal of tire chains or alternate traction devices that are necessary to accommodate the demand for those services consistent with the maximum convenience and safety of traffic. In issuing the permits, the department shall ensure that:
(I) The maximum practicable number of different persons receive permits; and
(II) No one person, to the extent practicable, is the sole permit holder for a particular location.
(d) The department may charge a fee to issue a permit to an applicant. The fee must be set in an amount to offset the direct and indirect costs of issuing permits under this subsection (2). The state treasurer shall credit the fees to the highway users tax fund created in section 43-4-201.
(e) In issuing a permit, the department assumes no responsibility for the actions, inactions, or competence of the permit holder in performing services under the permit. The department is not liable for damages relating to acts or omissions of the permit holder.
(f) The department shall adopt rules to implement this section. The rules must include:
(I) The procedures for issuing a permit and the applicant qualifications to be issued a permit;
(II) The procedures for revoking a permit; and
(III) A requirement that the individuals installing tire chains or alternate traction devices wear reflective clothing and use appropriate signs and traffic control devices.
(3) As used in this section:
(a) Alternate traction device has the meaning set forth in section 42-4-106 (5)(c)(I).
(b) Department means the department of transportation.
Source: L. 2007: Entire section added, p. 1334, � 5, effective August 3. L. 2025: Entire section amended, (SB 25-069), ch. 196, p. 870, � 2, effective August 6.
43-2-151. Managed lanes - study by department of transportation - repeal. (Repealed)
Source: L. 2018: Entire section added, (SB 18-001), ch. 353, p. 2098, � 4, effective May 31.
Editor's note: Subsection (3) provided for the repeal of this section, effective July 1, 2019. (See L. 2018, p. 2099.)