Title 54, Highways, Bridges And Ferries

(1) As used in this part, unless the context otherwise requires:(1) “Board” means the board of adjustment required by this part, a board of zoning appeals designated to act as a board of adjustment, a county board of adjustment, and a municipal board of adjustment;(2) “Building” …

Counties and municipalities are authorized under the conditions and procedures in this part to develop, establish, and preserve plans for coordinated, efficient and economic highway systems through the adoption and amendment of official highway maps.

(1) The objectives in adopting and amending official maps shall be to:(1) Protect private property rights and values;(2) Provide a means by which private construction and development may anticipate highway location and relocation, and thus prevent the loss in property values and …

(a) After the preparation of a master plan or at least a major street plan, the planning commission may make studies or surveys of new, extended, widened, or narrowed highways, or of the vacation or abandonment of highways, and may make and certify to the legislative body a map o…

(a) Upon receipt of the certified map, the legislative body shall hold a public hearing on the map, notice of the time and place of which shall be given no less than fifteen (15) days prior to the time fixed for the hearing by one (1) publication in a newspaper of general circula…

(a) After the public hearing, the legislative body may adopt, by resolution or ordinance, the map as certified by the planning commission as the official map. (b) Any proposed addition, change or modification of the certified map that is not in accordance with the major highway p…

(a) Notice of any resolution or ordinance adopting an official map, or making any change, addition or modification of the map, shall be published at least once in a newspaper of general circulation, and the resolution or ordinance shall not be in force until a notice of the resol…

(a) The making or certifying of a map by the planning commission or the adoption or amendment of an official map by the legislative body shall not constitute the opening or establishment of any highway or the taking or acceptance of any land for highway purposes. (b) Any highway …

(a) From and after the adoption of an official map, the legislative body may establish, by resolution or ordinance, a fund for the advance acquisition of rights-of-way for highways of the county or municipality shown on the official map. In establishing the fund, any revenues may…

(a) Except utilities in highways at the time of the adoption of the official map, no public water facilities, sewer, or other public utility or improvement shall be constructed in any highway unless shown on the official map or as may be otherwise authorized in title 13, chapter …

(a) After the adoption of the official map, no building shall be constructed within the boundaries of a mapped highway nor on a highway shown on the map as a proposed abandonment or relocation until a permit has been obtained, except that building construction may be undertaken w…

(a) Applications for permits to build within mapped highways or on highways proposed for abandonment shall be made to a board of adjustment to be appointed by the legislative body. The application shall contain adequate information concerning the location and nature of the buildi…

(a) Before issuing a permit, the board shall hold a public hearing on each application, proper notice of the time and place of which shall be given by fifteen (15) days' notice to the applicant by mail at the address specified in the application and to other interested persons by…

The board shall grant a permit for the construction of a building within the boundaries of a mapped highway or on a highway shown on the map proposed for abandonment when the board finds that the building will not substantially destroy the objectives of the official map.

(a) Should the board find and by resolution declare that the construction of a building will substantially destroy the objectives of the official map, the board may delay the granting of a permit for a period not to exceed forty (40) days from the date of adoption of the resoluti…

Unless the owner proceeds to take the permit within thirty (30) days following the expiration of the forty-day period and proceeds with the construction of the building or structure in accordance with the permit within a period of twelve (12) months, then the owner shall not be e…

A judicial review of the decision of the board of adjustment shall be available under title 27, chapter 9.

(a) The owner, lessee, tenant, or person otherwise in control of any land located within the lines of any mapped highway as shown on an official map, or the agent of the owner, lessee, tenant or controller who erects or constructs on the land any building contrary to or in violat…

The legislative body may provide by resolution or ordinance that no permit for the erection of any building shall be issued, unless a highway giving access to the proposed building existed and was established by law as a public highway at the time of the establishment of the offi…

(a) This part shall not be construed as repealing or impairing any provision of any special or private act relating to the regulation of buildings in mapped highways, and all the provisions of the private act shall remain in full force and effect; but insofar as this part is not …