Code of Colorado Regulations — Department of Transportation

601 Transportation Commission and Office of Transportation Safety

2 CCR 601-1 State Highway Access Code {#sec-2-ccr-601-1 omnilex-key=us-co-regs-official--department-21--2 CCR 601-1}

DEPARTMENT OF TRANSPORTATION

Transportation Commission and Office of Transportation Safety STATE HIGHWAY ACCESS CODE 2 CCR 601-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Section One Introduction 1.1 Authority:

(1) This Code is promulgated pursuant to section 43-2-147(4), C.R.S. which directs the Transportation Commission of Colorado to adopt a State Highway Access Code applicable on all state highways.

Section 43-2-147(1), C.R.S., authorizes the Department of Transportation and local governments to regulate vehicular access to or from any public highway under their respective jurisdiction from or to property adjoining a public highway. 1.2 Purpose:

(1) Colorado's state highway system constitutes a valuable resource and a major public and private investment. It is the purpose of the Code to provide procedures and standards to aid in the management of that investment and 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 state highways while considering state, regional, and local transportation needs and interests.

(2) The Code recognizes that the State of Colorado, “State”, must execute these prescribed duties within an environment where population growth will undoubtably increase traffic volumes and operational pressures on the general street system. The Code establishes access criteria for each functional level of highway that recognize this increase in traffic volumes and operational pressures while meeting the intent and purposes of the Act.

(3) Property owners have the right of reasonable access to the general street system. It is recognized that an access management system can influence decisions concerning the use of property. An affective access management system must recognize and consider its impacts on public and private land use decisions while meeting the intent and purposes of the Act.

(4) Local governments control and operate streets and roads that are not a part of the state highway system. An effective access management system must consider the role that local streets and roads play in the overall transportation network.

(5) All users of the state highway system should have the ability to move freely, to travel on a safe highway system, and to expect the efficient expenditure of public funds. An effective access management system can promote these expectations through appropriate control of access frequency, spacing, operation and design.

(6) An effective access management system strives to protect the safety, traffic operations and the assigned functional purpose of the state highways while considering the access needs of the various elements of the general street system. Determining the best overall solution to access and circulation patterns is especially critical at locations where significant changes to the transportation system and/or adjacent land use have occurred or are proposed.

(7) Through the administration of the State Highway Access Code, it is the intent of the Department of Transportation to work closely with property owners and local governments to provide reasonable access to the general street system that is safe, enhances the movement of traffic, and considers the vision and values that local communities have established for themselves. 1.3 Organization of Code (1) Section One describes the authority, purposes and structure of the Code, and defines those words that are technical or have specific definitions for the purposes of the Code. Section Two describes the administrative procedures for implementing the Code including the assignment of access categories. Section Three defines eight categories of highways based on function and provides criteria for determination of allowable access to the highway system. Section Four provides standards for the design and construction of all accesses. These standards are based upon criteria and specifications necessary to ensure the public health, welfare, and safety. 1.4 Implementation:

(1) After August 31, 1981, no person, shall construct any access providing direct vehicular movement to or from any state highway from or to property in close proximity or abutting a state highway without an access permit issued by the designated issuing authority with the written approval of the Department. Within those jurisdictions where the local authority has returned issuing authority to the Department, the Department has sole authority to issue state highway access permits.

(2) Access permits shall be issued only when the application is found to be in compliance with the Code.

The issuing authority and the Department are authorized to impose terms and conditions as necessary and convenient to meet the requirements of the Code. In no event shall an access permit be issued or authorized if it is detrimental to the public health, welfare, and safety.

(3) Direct access from a subdivision to the highway shall be permitted only if the proposed access meets the purposes and requirements of the Code. Local traffic from a subdivision abutting a state highway shall be served by an internal street system of adequate capacity, intersecting and connecting with state highways in a manner that is safe as well as consistent with the assigned access category (Code Section Three) and design requirements (Code Section Four). All new subdivision of property should provide access consistent with the standards of Sections Three and Four of the Code. The Department will work with appropriate local authority in the review of subdivision plats and other divisions of property to ensure that future access requirements of divided property are consistent with the purposes and standards of the Code and Act. The issuance of any permit, agreement, plat, subdivision, plan or correspondence shall not abrogate or limit the regulatory powers of the Department or issuing authority exercised in the protection of the public's health, safety and welfare. 1.5 Definitions and Abbreviations These definitions and abbreviations are provided to explain certain technical words, phrases and abbreviations found in the Code. If a word is not further defined herein, it may be assumed that it is the common and acceptable meaning of the word found in any widely accepted English language dictionary.

(1) “AADT” means the annual average two-way daily traffic volume. It represents the total traffic on a

section of roadway for the year, divided by 365. It includes both weekday and weekend traffic volumes.

(2) “Acceleration lane” means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can more safely merge with through traffic. [§42-1-102(1), C.R.S.]

(3) “Access” means any driveway or other point of entry and/or exit such as a street, road or highway that connects to the general street system. Where two public roadways intersect, the secondary roadway shall be considered the access.

(4) “Access category” means one of eight categories described in Section Three of the Code, and determines the degree to which access to a state highway is controlled. Categories as they are assigned to specific highway segments are listed in the State Highway Access Category Assignment Schedule, 2 CCR 601-1A.

(5) “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. [§ 43-2-147(8)(a), C.R.S.]

(6) “Access operation” means the utilization of an access for its intended purpose, and includes all consequences or characteristics of that process, including access volumes, type of access traffic, access safety, time of the access activity, and the effect of such access on the state highway system.

(7) “Act” means § 43-2-147, C.R.S.

(8) “Administrative Procedure Act” means Article 4, Title 24, C.R.S.

(9) “Appellant” means the person(s) who submit an appeal to the Transportation Commission pursuant to subsection 2.9 of the Code. Appellants may include the applicant or the permittee.

(10) “Applicant” means any person, corporation, entity or agency applying for an access permit.

(11) “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. [§ 43-2-147(8)(b), C.R.S.] Also referred to as the local authority, and local government.

(12) “Auxiliary lane” means any additional special purpose lane such as, speed change lanes, hill climbing lanes, and turning lanes.

(13) “AWD” means the daily average of weekday traffic volumes for a five day week expressed in the number of vehicles for a specific highway segment or access.

(14) “Bandwidth” means the time in seconds or the percent of traffic signal cycle between a pair of parallel speed lines which delineate a progressive movement on a time-space diagram. It is a quantitative measurement of the through traffic capacity of a signal progression system. The greater the percentage of bandwidth, the higher the roadway capacity.

(15) “Barrier Curb” means a raised vertical faced curb 6 inches to 9 inches high. Curbs are placed at the edge of the roadway to prevent vehicles from encroaching onto the roadside area. Barrier curbs may also be placed somewhere between the parking areas or internal driving areas and the highway to prevent vehicles from accessing the highway at locations that are not permitted and to help direct vehicles to the proper access locations.

(16) “Capacity” means the ability of the highway to provide service to the volume of vehicles seeking to use the highway. Capacity is most often considered the maximum amount of traffic that can be accommodated by a highway during the peak hours of demand. Sometimes it refers to the entire roadway, and sometimes to a single lane.

(17) “Chief Engineer” means the person who carries the official title of Chief Engineer of the Department.

(18) “Clear Zone” means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles. This area may consist of a shoulder, a recoverable slope, a nonrecoverable slope, and/or a clear run-out area. The desired width is dependent upon traffic volume, speeds, and roadway and roadside geometry.

(19) “Code” means this State Highway Access Code, also known as chapter 2, Code of Colorado Regulations, section 601-1, also known as, 2 CCR 601-1.

(20) “Commission” means the Transportation Commission of Colorado.

(21) “Controlled-access highway” means every highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street, or roadway. [§ 42-1-102(18), C.R.S.]

(22) “Control of access” means the condition in which the right of owners or occupants of land abutting or adjacent to a roadway is controlled by public authority.

(23) “Cross-pan” means a concrete gutter across an access.

(24) “Cross-street” or “cross-road” means the lower function roadway that crosses the main higher function facility.

(25) “Curb-cut” means a depressed section of curbing to provide access to the abutting property. The most common type of private access in urban areas.

(26) “Date of issue” means the date when the authorized Department official signs CDOT permit form 101.

(27) “Date of Transmittal” means the date the Department forwards to the applicants, by U.S. mail or personal service, a permit for signature or a letter of denial. This date marks the end of the review period pursuant to the Act, § 43-2-147(5)(a), C.R.S.

(28) “Day” means a calendar day, unless specifically stated otherwise in the applicable text of the Code.

(See subsection 1.6)

(29) “Deceleration lane” means a speed-change lane, including tapered areas, for the purpose of enabling a vehicle that is to make an exit to turn from a roadway to slow to the safe speed on the ramp ahead after it has left the mainstream of faster-moving traffic. [§ 42-1-102(23), C.R.S.]

(30) “Department” means the Department of Transportation, State of Colorado. Also referred to as CDOT.

(31) “Design Hourly Volume” (“DHV”) means an hourly traffic volume determined for use in the geometric design of highways. It is the 30th highest hour vehicular volume experienced in a one year period.

(32) “Divided highway” means a highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual. [§ 42-1-102(25), C.R.S.]

(33) “Driveway” means an access that is not a public street, road, or highway.

(34) “Field approach” or “Field access” means an access to undeveloped or agricultural property that has a yearly average use of less than one vehicle per day (2 vehicle trips).

(35) “Freeway” means a state highway that has been designated by the Commission as a freeway in accordance with §43-3-101, C.R.S.

(36) “Frontage Road” means a public roadway auxiliary to and generally alongside and parallel to the main highway, constructed for the purposes of providing direct property access, maintaining local road continuity and the controlling of direct access to the main highway.

(37) “Functional classification” means a classification system that defines a public roadway according to its purposes in the local or statewide highway plans. [§ 43-2-147(8)(c), C.R.S.]

(38) “General street system” means the interconnecting network of city streets, county roads, and state highways in an area. [§ 43-2-147(8)(d), C.R.S.]

(39) “Grade separation” means a crossing of two roadways, or a roadway and a railroad, or a roadway and a pedestrian walkway, at different elevations.

(40) “Gradient” or “grade” means the rate or percent change in slope, either ascending or descending from or along the highway. It is to be measured along the centerline of the roadway or access.

(41) “Grandfathered” means a condition that existed prior to June 21, 1979 when section 43-2-147, C.R.S., was first signed into law, or a condition that was legal and conforming to an earlier Code edition or statute, where such conditions and use have not changed since the effective date of the change in law that made the condition non-conforming with current law.

(42) “Highway” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state. [§42-1-102(43), C.R.S.] “Highway” includes bridges on the roadway and culverts, sluices, drains, ditches, waterways, embankments, retaining walls, trees, shrubs, and fences along or upon the same and within the right-of-way. [§ 43-1-203(1), C.R.S.]

(43) “Highway Classification” means the classification of the highway for planning and management purposes as indicated on the current Colorado Highway Functional Classification Map as adopted by the Transportation Commission pursuant to Commission authority under article 1 of title 43 C.R.S.

(44) “Ingress” means to leave the highway and enter upon the abutting property or intersecting roadway.

(45) “Interchange” means a facility that grade separates intersecting roadways and provides directional ramps for access movements between the roadways. The structures and the ramps are considered part of the interchange.

(46) “Interchange management plan” means a plan similar in nature to an access control plan but limited to the immediate influence area of an interchange for the protection of its functional integrity.

(47) “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. [§ 43- 2-147(8)(e), C.R.S.]

(48) “Lane” means the portion of a roadway for the movement of a single line of vehicles. [§ 42-1- 102(46), C.R.S.]

(49) “Level of service” means a measure describing the operational conditions within a stream of traffic.

The measure uses factors including speed, travel time, ability to maneuver, traffic interruptions, safety, waiting time periods (delay), and driver comfort and convenience.

(50) “Local government” means the board of county commissioners if the highway section is located in an unincorporated area of a county or the governing body of the municipality if the highway

section is located within an incorporated municipality.

(51) “Local road” means a county road, as provided in sections 43-2-108 and 43-2-109. [§ 43-2-147(8)(f), C.R.S.]

(52) “Local street” means a municipal street, as provided in sections 43-2-123 and 43-2-124. [§ 43-2- 147(8)(f), C.R.S.]

(53) “Median” means that portion of a highway separating the opposing traffic flows.

(54) “MPH” means a rate of speed measured in miles traveled per hour.

(55) “MPO” means a metropolitan planning organization as defined under the federal “Urban Mass Transportation Act of 1964” (Public Law 88-365, 49 U.S.C. 1601 et seq.).

(56) “M.U.T.C.D.” means the Manual on Uniform Traffic Control Devices and the Colorado supplement thereto.

(57) “National Highway System”, (NHS) means a portion of highway that has been designated as a part of the National Highway System in accordance with 23 United States Code, § 103(b).

(58) “Non-use” means the absence or lack of any significant purposeful and ongoing physical or economic activity on, or use of, a property or access by the owner or authorized persons, taking into account the nature, circumstances, zoning, and past use of the property or access. Non-use includes the occasional and inconsequential presence upon such property or access when not associated with any significant purposeful and ongoing physical or economic activity on, or use of, the property or access.

(59) “Peak Hour Volume” means, only for the purposes of the Code, the same as design hour volume (DHV).

(60) “Permittee(s)” means any person, unit of government, public agency or any other entity that owns a fee interest in the property served, to whom an access permit is issued. The permittee is responsible for fulfilling all the terms and conditions of the permit.

(61) “Person” means every natural person, corporation, association, firm, partnership, limited liability company or other entity.

(62) “Potential for signalization” means a determination, using a 20-year projection, that indicates the access volumes would be within 25 percent of those required for a M.U.T.C.D. Traffic Signal Volume Warrant.

(63) “Prima facie” means a fact presumed to be true unless disproved by some evidence to the contrary (Latin).

(64) “Property owner” means a person who holds a fee simple title to the property for which access to the state highway is being sought.

(65) “Public Way” means a highway, street or road, open for use by the general public and under the control or jurisdiction of the appropriate local authority or Department and includes private roads open to the public.

(66) “Right-of-Way” means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state.

(67) “Roadside” means that area between the outside shoulder edge of the roadway and the right-of-way limits. May also mean the area between two roadways when the roadways are well separated and landscaped such as a freeway median area.

(68) “Roadway” means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk, berm, or shoulder even though such sidewalk, berm, or shoulder is used by persons riding bicycles or other human-powered vehicles and exclusive of that portion of a highway designated for exclusive use as a bicycle path or reserved for the exclusive use of bicycles, human-powered vehicles, or pedestrians. In the event that a highway includes two or more separate roadways, “roadway” refers to any such roadway separately but not to all such roadways collectively. [§42-1-102(85), C.R.S.]

(69) “Sight distance” means the distance visible to the driver of a passenger vehicle measured along the normal travel path of a roadway from a designated location and to a specified height above the roadway when the view is unobstructed by traffic.

(70) “Signal” means a traffic control signal.

(71) “Signalization” means a traffic control signal. When used in a predictive (future) sense, it means an access (intersection) location that is predicted to meet any of the warrants for a traffic signal as defined by the M.U.T.C.D.

(72) “Signal progression” means the progressive movement of traffic, at a planned rate of speed without stopping, through adjacent signalized locations within a traffic control system.

(73) “Single unit vehicle” means a single frame vehicle, longer than a passenger car, as described dimensionally by American Association of State Highway and Transportation Officials as a single unit design vehicle. Generally, these are motorized vehicles including delivery trucks, haul vehicles, camping and recreational vehicles, and motor homes, having a single frame and an overall length of greater than 19 feet with two or three axles.

(74) “Slope” means the relative steepness of the terrain expressed as a ratio or percentage. Slopes may be categorized as positive or negative and as parallel, cross or side slopes in relation to the direction of traffic.

(75) “Speed change lane” means a separate lane for the purpose of enabling a vehicle entering or leaving a roadway to increase or decrease its speed to a rate at which it can more safely merge or diverge with through traffic. Acceleration and deceleration lanes are speed change lanes.

(76) “State highway” means a highway that is a part of the state highway system under the jurisdiction of the Commission.

(77) “State plan” means the comprehensive statewide transportation plan formed by the Commission pursuant to the provisions of section 43-1-1103 (5), C.R.S.

(78) “Stopping sight distance” means the distance required by a driver of a vehicle, traveling at a given speed, to bring the vehicle to a stop after an object on the roadway becomes visible. It includes the distance traveled during driver perception and reaction times and the vehicle braking distance.

(79) “Storage lane length” means the length of a portion of an auxiliary lane required to store the maximum number of vehicles likely to accumulate in the lane during a peak hour period.

(80) “Subdivide” means to divide land into two or more smaller lots, tracts or parcels of land.

(81) “Subdivision” means a tract of land which has been subdivided in accordance with the laws of the state usually with appropriate streets, dedications and other facilities for the development or sale of industrial, commercial or residential land.

(82) “Taper” means the widening of pavement to allow the redirection and transition of vehicles around or into an auxiliary lane. There are two different types of tapers. Redirect tapers necessary for the redirection of vehicles along the traveled way (table 4-9), and transition tapers for auxiliary lanes (table 4-6) that allow the turning vehicle to transition from or to the traveled way, to or from an auxiliary lane.

(83) “Time-space diagram” means a chart on which the distance between signals and signal timing is plotted against time. The chart indicates signal progression, efficiency, bandwidth and speed of traffic. Efficiency is the width of the through band expressed as a fraction of the entire signal cycle. A 50% efficiency means that 30 seconds of a 60 second signal cycle is devoted to the movement of through traffic.

(84) “TPR” means Transportation Planning Region. A region of the state established pursuant to section 43-1-1103 (5), C.R.S. Each TPR has a Regional Planning Commission formed under the provisions of section 30-28-105, or 43-1-1103, C.R.S.

(85) “Traversable slope” means a slope from which a motorist will be unlikely to steer back to the roadway but may be able to slow and stop safely.

(86) “Traversable median” means a median that by its design does not physically discourage or prevent vehicles from entering upon or crossing over it. Such medians include painted medians and continuous two-way left-turn lanes.

(87) “Traveled way” means that portion of roadway for the through movement of vehicles, exclusive of shoulders, gutters, and auxiliary lanes.

(88) “Trip” means a single or one-direction vehicle movement with either the origin or the destination inside a study area. A vehicle leaving the highway and entering a property is one trip. Later when the vehicle leaves the property it is a second trip.

(89) “Under construction” means a sustained effort reflected by construction activity likely to result in the completion of access improvements in a timely manner.

(90) “VPH” means the number of vehicles per hour and usually is referring to the vehicles in a peak hour unless otherwise modified by the text.

(91) “Warrant(s)” means the criteria by which the need for a safety treatment or highway improvement can be determined.

(92) “Working day” means any day that the permittee can perform a normal day of work exclusive of delays which result from inclement weather, labor disputes and material shortages. It does not include weekends and legal holidays. 1.6 Computation of Time All time periods referred to and allowed by these rules and the Act shall be computed in accordance with Colorado Rules of Civil Procedure, Rule 6(a). 1.7 Incorporation by Reference (1) The following nationally recognized standard is hereby incorporated by reference into the Code: Trip Generation, Sixth edition, Institute of Transportation Engineers, Washington, D.C. 1997. [525 School Street, S.W., Suite 410, Washington D.C. 20024-2729, phone (202)554-8050]. Copies of the incorporated material is available for public inspection during regular business hours from the Access Program Administrator, Department of Transportation, Transportation Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, Denver, Colorado, 80222-3400. Information concerning how the incorporated material may be obtained or examined will be provided by the Access Program Administrator upon request. Later editions of “Trip Generation” may not be relied upon. The incorporated material may be examined at any state publication depository library.

Section Two Administration 2.1 Purpose (1) This section provides the administrative procedures and related information and requirements for the implementation of the Code. Additionally, the provisions of the State Administrative Procedure Act, §24-4-101 et seq. (C.R.S.), apply to the extent they are applicable. 2.2 Access Category Determinations (1) The Commission Shall Maintain an Access Category Assignment Schedule (a) In support of the Code, the Commission shall maintain by rule an access category assignment schedule for the state highway system. The Commission shall assign to each state highway

section or segment of highway an access category from Section Three of the Code. The assignment of access categories provides the functional basis for acting on an access permit request.

(b) In deliberations regarding selection of access category assignments, the Commission may consider adopted administrative and functional classifications, existing and projected traffic volumes, current and future highway capacity and levels of service, current and predicted levels of highway safety, adopted state and local transportation plans and needs, the character of lands adjoining the highway, adopted local land use plans and zoning, the availability of vehicular access from local streets and roads rather than a state highway, and reasonable access provided by municipal streets and county roads, and if provided, the initial recommendation of the local authority.

(c) The State Highway Access Category Assignment Schedule published in May 1992, 2 CCR 601-1a, shall be the category listing reference basis for access permit determinations until new access category assignments, consistent with Section Three of the Code, are adopted by the Commission in accordance with 2.2(2). This 1998 Code changes the titles of Section Three access categories and the descriptions of the categories in comparison to the 1985 edition of the Code. The 1992 State Highway Access Category Assignment Schedule, 2 CCR 601-1a, uses a One through Five category title classification system. In regards to referencing the 1992, 2 CCR 601-1a, all 1992 category assignments titled “1” shall use 1998 Code category F-W. All 1992 category assignments titled “2” shall use 1998 Code category E-X. All 1992 category assignments titled “3” shall use 1998 Code category R-A. All 1992 category assignments titled “4” shall use 1998 Code category NR-B. All 1992 category assignments titled “5” shall use 1998 Code category F-R.

(2) The Initial Assignment Process - Category Determinations (a) The Department will promptly begin a recategorization process for all state highways in accordance with section 2.2(2) following the effective date of this 1998 Code. The procedures to accomplish access category assignments shall be as described in this subsection 2.2(2). Once a new category is adopted for a highway section based on subsection 2.2(2) by Commission action and becomes effective, any subsequent access category revisions for that section shall be in accordance with subsection 2.2(3).

(b) There is no minimum or maximum criteria for the length of a category assignment. Assignment boundaries may occur as frequently as necessary in consideration of the assignment criteria contained in 2.2(1)(b). Assignment boundaries should be logical and identifiable, and highway continuity should be maintained to the extent reasonable.

(c) By written inquiry, the Department will determine which local authorities wish to make the initial recommendations for access category assignment in their jurisdiction. The Department will provide training and information as necessary to assist those jurisdictions that wish to make the initial recommendations. The Department will provide each local jurisdiction with a list of state highways within their boundaries along with their current access category assignments.

(d) For all those local authorities not choosing to select their own initial recommendations, or who do not respond in 30 days from the inquiry, the Department shall select the initial category assignment recommendations. Where the Department makes the initial selection, the Department shall provide the draft selection and reasonable explanation to the local authority and the MPO/TPR for their review and comment. Written comments received from the local authority or any other source shall be a part of the record with the exception of documents protected by the attorney/client privilege. All written correspondence external to the Department and completed internal Department documents shall be considered a part of the rule making record.

(e) The appropriate local authority choosing to make the first initial recommendations must submit recommendations on all state highways in their jurisdictions to the Department and the MPO/TPR within 90 days of the effective date of the 1998 Code. Upon receipt of the local jurisdiction's category recommendations, the Department will review the local assignment requests. Where there is a difference of opinion regarding the recommendation of category assignment, the Department and the local authority shall discuss the issues and attempt to arrive at mutually agreeable assignment recommendations. The appropriate MPO or TPR may participate in discussing category assignment recommendations. Where adjacent municipalities share common state highway boundaries, the recommendation of both shall be considered.

(f) For those highway sections where mutually agreeable assignment recommendations cannot be made, those sections shall be separately itemized and numbered and presented at a rule making hearing as a separate category document. The Department shall provide a discussion as to why the Department disagrees with the local recommendation. When a consensus is not reached between the local jurisdiction, the MPO/TPR, and the Department, then the Department must inform the local jurisdiction and the MPO/TPR in writing of the Department category recommendation prior to any action taken by the Commission.

(g) Local category recommendations shall be made based on the criteria of 2.2(1)(b), and may include the existing conditions of the highway and the community's vision of what the highway should be.

MPO's and TPR's may provide review and comment.

(h) Local jurisdiction category recommendations and Department category recommendations will be given to the Commission for a final category determination at a public rule making hearing. Local jurisdictions and others will have the opportunity to present their recommendations in public testimony before the Commission. The determination of the Commission will be by rule making and considered the final access category assignment.

(3) Subsequent Changes in Assigned Categories (a) 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. All requests shall include information pertaining to the criteria itemized in section 2.2(1)(b), as well as an explanation of the necessity of the requested change, and how the requested change is consistent with the purposes of the Act and the standards of the Code. The Department shall review and provide a recommendation to the Commission on each request. If the Department is seeking a change in access category, or making a recommendation for assigned category for a new or reconstructed section of highway, the appropriate local authority and the MPO/TPR shall be notified of the requested changes at least 60 days prior to Commission action. The appropriate local authority and the appropriate MPO/TPR will be provided with a copy of all pertinent documents 30 days prior to Commission action. All written comments shall be a part of the record.

(b) The Commission, in accordance with § 24-4-103, C.R.S., shall act upon pending category change requests no less than four times a year, generally being the first, fourth, seventh and tenth months of the calender year. A request must be received for processing and analysis a minimum of 90 days preceding the Commission consideration. 2.3 Permit Application Process, Obtaining a Permit (1) Determining the Issuing Authority (a) The Act provides to each appropriate local authority the authority to issue driveway permits to state highways within its jurisdiction. Each driveway permit must receive the written approval of the Department to be valid. The local authority may request that the Department administer or assist in the administration of driveway permits. Such authorization may be changed by the local

authority at any time by written notification to the Department. Changes in authorization shall take effect upon receipt of written notice by the Department. If the local authority requests that the Department process the access permit application and requires local authority approval prior to final action, this shall constitute Department assistance, not administration, and the local authority shall remain the issuing authority.

(b) Persons wishing to apply for access to a state highway should contact their appropriate local authority or a Department office in their region to determine who is responsible for processing permit applications in their area. Regional Department offices are located in Aurora, Denver, Durango, Grand Junction, Greeley, and Pueblo. Application packages including application form No. 137 may be obtained from any issuing authority.

(2) Pre-application Meetings (a) Prior to submitting a formal application, interested parties may request a pre-application conference with the issuing authority. If the Department is the issuing authority, the local authority should be invited. If the local authority is the issuing authority, the Department should be invited. The

purpose of such a conference shall be to review the preliminary proposal and to allow reaction and suggestions from the issuing authority prior to formal application. Interested parties should provide preliminary maps, plans and documents to illustrate to the extent possible, the site, ownerships, size and type of land use, estimated traffic volumes and vehicle types generated, adjacent public roads, existing and available access points, and other adjacent accesses. At the conference, participants will discuss Code requirements, site specific conditions, various options for access location and design, and those items that should be submitted with the permit application.

(b) If a pre-application conference is held, an application can be submitted anytime after the preapplication conference. An application may be submitted at the end of the pre-application conference.

(3) Preparing an Application (a) To obtain permission to construct, modify, relocate or close a vehicular access, where such work will be within highway right-of-way, a state highway access permit is required. To obtain permission, a complete application must be submitted to the issuing authority and a permit issued.

Construction may not begin until a Notice to Proceed is approved. Application packages may be obtained from the issuing authority. Incomplete applications may be rejected by the Department or issuing authority.

(b) Applications for access shall include a completed access permit application, Department form No. 137 and any required attachments reasonably necessary to review and assess the application or complete the permit. If a pre-application conference was held, the application will consist of the attachments requested at the pre-application conference. Attachments necessary may include plans, maps, traffic studies, surveys, deeds, agreements, documents, data, and location of any significant utilities to be moved. The scale, location and anticipated impacts of the access proposal will determine the scope of the attachments necessary in the application. The applicant may be required to submit information needed to evaluate the impacts of the proposed access on the general street system (which includes the state highway). All such submittals become the property of the issuing authority. Items without relevance on the approval or denial of the application or completion of the permit will not be requested. If the applicant is other than the fee surface rights owner of the property to be served, then the applicant must include sufficient evidence of concurrence or knowledge in the application by the fee rights owner and proof of development rights, (ie. option to buy, federal use permit). Complete names, addresses and telephone numbers of the property owner(s), the applicant(s), and primary contact person, shall be given on the application along with the expected dates of construction and commencement of use of the access. When the owner or applicant is a company, corporation or government agency, the office, title and the name of the responsible officer will be provided. A corporation must be licensed to do business in Colorado. Intentional misrepresentation of existing or future conditions or of information requested for the application for the purposes of getting a more favorable determination, shall be considered sufficient grounds for application rejection, permit denial or revocation of a permit.

(c) If an applicant wishes to seek a waiver from the design standards of the Code, a request may be submitted as an attachment to the permit application form. An original 2 part Department form No. 112 shall be used. See subsection 4.12 on design waivers.

(d) The property owner or authorized representative served by a lawful access may make physical improvements to an access with the permission of the issuing authority and the Department. The applicant shall make the request on standard permit application forms and may specify that the request is for improvements according to this subsection. This subsection does not apply when there is or will be a change in historical grandfathered use or access use in accordance with Code section 2.6. Processing of the application shall be the same as provided in Code section 2.3 except the Department and issuing authority may only take action on the request for improvement. Denial of the application for improvements does not constitute revocation of the existing access authorization. If approved for improvements, the permit need not require full Code design compliance, so long as access is improved above current conditions and there is no deterioration in safety or operation of the highway. Denial of an application to enlarge, relocate, or modify an existing lawful access shall in no way impair the permit for or right to the existing access for its legal historical use.

(e) When a permit is authorized, the permittee is responsible to pay any permit fees established pursuant to section 43-2-147(5)(b), C.R.S. If the issuing authority is a local authority, the fee amount is set by the local authority. If the issuing authority is the Department, the fees are established by the Executive Director of the Department.

(4) Sources, Data and Information Requirements (a) Applications shall not be inconsistent with the data and information requirements of this subsection.

The seal of a Colorado registered professional engineer is required on all plans, traffic studies, engineering analyses, reports and drainage plans submitted to an issuing authority or the Department, and for any proposed access and construction plans involving changes to the roadway or for the access if the volume of the development is predicted to exceed 100 vehicles per day.

(b) Trip Generation, Sixth edition, The Institute of Transportation Engineers, Washington D.C., 1997 shall be used as a reference in estimating DHV or peak hour traffic volume values of an access where required by the Code. Later revisions to this manual may not be relied upon. In the absence of a traffic analysis by a traffic engineer or actual collected data, a reasonable estimation of trip generation using the ITE Trip Generation Manual shall be considered prima facie evidence when estimating traffic volumes for existing access. If local or special generation rates are used, all documentation for rate development shall be submitted. For mixed use developments, internal trip reductions will not exceed two percent for the AM peak or eight percent for PM peaks unless clearly justified and documented by actual studies. The issuing authority may assist any applicant requesting traffic estimates for the purpose of obtaining a highway access permit.

(c) For the purposes of this section the DHV for the access location may be considered synonymous with the term “peak hour volume” often used for traffic analysis. DHV calculations are preferred for design purposes and shall be used when required by the issuing authority or the Department.

(d) The DHV or peak hour traffic volume estimates for any access shall be based upon the anticipated total build out of the development to be served and a twenty year projection for highway volumes.

In the case of a public access, a reasonable projection of the twentieth year access volume shall be made based upon predicted growth, zoning and any comprehensive plan. In urbanized or urbanizing areas, volume generation analysis shall include the anticipated full build out of the study area to a one-mile radius. A larger area may be requested by the issuing authority if specific reasons are provided such as in developing rural areas and relative to interchanges.

Estimates of traffic volumes shall be based upon average weekday traffic at locations where weekday employment predominates. Locations of retail development shall also include weekend traffic volumes. The analytical approach shall include the highest peak hour volume within the entire day for each turning movement.

(e) Unless specifically noted, all criteria in the Code are based on automobile operations and performance. To allow for the impact of larger trucks, buses and recreational vehicles, “passenger car equivalents” shall be determined. A passenger car equivalent of 3 for each bus and all trucks and combinations of 40 feet in length or longer, or a passenger car equivalent of 2 for each vehicle or combination at or over 20 feet in length but less than 40 feet shall be used for these purposes.

(f) Speed, as used in this section, refers to the posted legal speed limit at the access location at the time of permit approval. A higher speed for access design shall be used if the section of highway is presently being redesigned or reconstructed to a higher speed or an approved access control plan requires a higher speed. Where a traffic signal will be installed as part of the access construction, the access design and the anticipated posted speed limit after signal installation may be used for the overall access design at the discretion of the Department.

(g) A reasonable trip distribution estimate should be provided based on the type of proposed development, competing developments (if applicable), the size of the proposed development, surrounding land uses and population, and the conditions of the surrounding street system. If the applicant does not provide a distribution estimate, the distribution may be estimated by the Department or issuing authority. If no other estimate is made, a full movement access shall be considered to have 40 percent of ingressing vehicles making a left turn and 60 percent ingressing vehicles making a right turn on an average day.

(5) Traffic Impact Studies (a) When the land use will generate a DHV of 100 vehicles or more, or when considered necessary or desirable by the issuing authority or Department for exceptional reasons, the applicant shall provide a traffic impact study. The scope of the study shall be commensurate with the scale and scope of probable operational and safety impacts to the general street system.

(b) When a traffic impact study is required, the study shall be completed and sealed by a Colorado registered professional engineer. Selected items from the following list may be excluded if not applicable to the situation and exclusion is specifically authorized by the issuing authority. The contents and extent of a traffic impact study depend on the location and size of the proposed development and the conditions prevailing in the surrounding area. Larger developments proposed in congested areas obviously require more extensive traffic analysis, whereas smaller sites may only require a minimal analysis of traffic on site and at immediately adjacent intersections. In determining how large a study area to include, a general guideline is to carry the analysis out at least as far as those areas where newly generated site traffic represents 5 percent or more of roadway's peak hour capacity. Where site generated traffic will be less than 5 percent of the roadway capacity, the intersections adjacent to the site should, at a minimum, be analyzed.

The study area boundaries may also be influenced by impacts other than pure capacity relationships such as neighborhood short cuts, traffic noise and hours of operation.

(c) The study shall use the following standards, and guidance, and provide the following information as applicable or as requested by the issuing authority. Additional information and additional analysis based upon other factors and standards may be included if the applicant desires:

(1) a scaled map of the vicinity showing all roadways and highways adjacent to the site, a scaled map of the study area including land uses, and a map of the immediate access area, a plan showing on-site anticipated vehicular circulation patterns (2) map identification and textual consideration of all access that are existing and possible future access locations including signal locations for at least one-half mile in each direction along the highway as well as all potential roadway and signal improvements (3) evaluation of current daily and peak hour traffic data and 20th year projections including turning movements at all intersections and any key year midpoints assuming a build out of the study area based upon zoning, comprehensive plans and growth estimates (4) an evaluation of the level of service and capacity for all design and traffic operation elements including mainline roadway and affected intersections (5) where applicable, an analysis of the clear zone, and the horizontal and vertical sight distances (6) accurate and understandable diagrams (7) all assumptions and adjustment factors (8) an analysis of all reasonable alternatives including no build or no direct highway access alternatives (9) current and projected arterial travel speed, travel time, and delay time within the study area that will be impacted by the access proposal (10) site traffic generation rate estimates and resulting trip generation distribution and assignments (11) analysis of queue lengths for all turn lanes affected to the 20 year (12) a safety analysis including conflict points, turning movements and three years of accident

history (13) a conceptual design showing all geometric elements and their approximate dimensions with analysis of any element of the access that will be below Code standards (14) sources of information, data and references (15) the existence of any current traffic problems in the local area such as a high accident location, confusing intersection, or an intersection in need of a traffic signal (16) the current or projected level of service of the roadway system adjacent to the development, which will be significantly affected (17) the sensitivity of the adjacent neighborhoods or other areas that may be perceived as impacted (18) the proximity of site driveways to the other access points or intersections (19) the ability of the adjacent existing or planned roadway system to handle increased traffic, or the feasibility of improving the roadway system to handle increased traffic (20) other specific problems or deficiencies that may be affected by the proposed development or affect the ability of the development to be satisfactorily accommodated.

If the access is proposed to have a traffic signal, or will necessitate modifications to a traffic signal, the following additional analysis are required:

(21) an intersection capacity operation analysis for all signals included in the progression analysis and providing complete input and output reports, data and assumptions (22) the signal timings, phasing and data used in each analysis shall be consistent (23) highway traffic signal progression analysis including progression bandwidth, efficiency and level of service determinations, assumptions and data with complete input and output menu reports provided and including all existing and anticipated future signals within 1 mile of the proposed access (24) a signal cycle length of between 60 and 120 seconds and consistent with the existing corridor signal operation and function, shall be used for the analysis or as determined by the Department (25) analysis will use the posted speed limit(s) but may submit an additional analysis if it can be shown that a different speed is more efficient for capacity, highway delay and travel time (26) the highway bandwidth used shall be consistent with the requirements of the assigned access category (27) signal phasing will normally assume lead phasing. Lag phasing may not be included unless specifically authorized (28) the green time allowed for the cross street shall be no less than the time necessary to accommodate pedestrian movement (29) analysis of storage queue lengths for auxiliary lanes at signalized intersections within the immediate study area.

(6) Submitting an Application When the Department is the Issuing Authority (a) When the issuing authority is the Department, those persons seeking an access permit shall submit two complete applications to the appropriate region office of the Department. One copy of the application may be submitted if authorized by the Department. Incomplete applications may be rejected by the Department.

(b) A 45 day review period begins upon receipt of an access application including the completed application form and any necessary attachments at the region offices of the Department. The Department shall date and initial or stamp the original application form with the date of receipt. An application is presumed to be considered complete unless the Department determines it is not and provides that determination in writing. If an application is determined to be incomplete in the first 20 days, the review period ends.

(c) An application will receive a preliminary review within twenty days to determine if it is complete and sufficient. The Department will promptly transmit written notice to the applicant if the application is not complete and sufficient for review. The notice will include any outstanding items, issues or concerns, and will outline within that notice the access, if any, the Department would consider given the available information. Failure of the Department to comply with the preliminary review periods does not preclude the Department from denying any application.

(d) Subsequent to the 20 day period, if necessary information is later determined to be missing, the Department may deny the permit on grounds of insufficient information, and incomplete application unless the applicant withdraws the application. The denial shall provide an explanation as to the necessary and missing items and the reasons why the items are considered necessary.

(e) Upon receipt of the Department's letter requesting more information, the applicant may provide additional data and information as appropriate, or withdraw the application. If the applicant provides additional information as requested, the 45 day period starts over. If the applicant withdraws the application, then later resubmits an amended application, the same procedures as for initial submittal application shall be used.

(7) Processing of an Access Permit Application When the Department is the Issuing Authority (a) Upon receipt of the application and any required attachments, the Department shall use the Code, the Act and any other applicable state and federal laws for evaluating and acting on the application.

The Department may grant the access as proposed, require layout and location modifications as it considers appropriate, restrict one or more turning movements as necessary to reduce traffic and safety impacts, or deny the access, all as determined by the standards of the Code. Any access permit prepared by the Department shall conform to all sections of the Code. Waiver procedures may be considered for any design standard of the Code not applicable or feasible given proposed access site specific physical and traffic operation conditions.

(b) If the proposed access cannot meet the requirements or standards of the Code including consideration of appropriate design waiver criteria, or other applicable laws, the application shall be denied. If the Department denies the permit application, the Department shall provide the applicant a copy of the permit application form 137 marked “denied” and a written explanation of the decision.

(c) Any appeals of Department action shall be made pursuant to the subsection 2.9.

(d) If the Department fails to act on a complete application within 45 days from the date of receipt of the application, the permit shall be considered approved and an appropriate permit issued by the Department in accordance with the design and construction standards of the Code.

(e) If the Department approves the access proposal, a permit will be prepared and transmitted to the applicant for signature. This transmittal constitutes action on the permit as required by section 43- 2-147(5)(a), C.R.S. It is the responsibility of the applicant to obtain the signature of the permittee(s). The permittee(s) shall sign the permit if the terms and conditions are acceptable and return the entire permit with any required permit fee to the Department at the address noted. In accepting the permit, the permittee agrees to all terms and conditions of the permit. If the Department has not received the signed copy and fee payment, if any, from the applicant within 60 days of the date of transmittal, the permit shall be deemed withdrawn. After receiving the signed permit and fee payment, if any, the Department shall mark the permit paid, sign the permit, and return a copy to the applicant. If the permittee(s) do not agree to all the terms and conditions of the permit, the permit shall be considered denied. Each approved permit shall have a unique permit number assigned by the Department.

(8) Submitting an Application When the Local Authority is the Issuing Authority (a) When the local authority is the issuing authority, those persons seeking an access permit shall submit at least two complete applications to the appropriate office of the local issuing authority. The local issuing authority may request additional application copies from the applicant. Incomplete applications may be rejected by the local issuing authority.

(b) A 45 day review period begins upon receipt of an access application including the completed application form and any necessary attachments at the permit offices of the local issuing

authority. The local issuing authority shall date and initial or stamp the original application form with the date of receipt. An application is presumed to be considered complete unless the local issuing authority determines it is not and provides that determination in writing. If an application is determined to be incomplete in the first 20 days, the review period ends.

(c) An application will receive a preliminary review within twenty days to determine if it is complete and sufficient. The local issuing authority will promptly transmit written notice to the applicant if the application is not complete and sufficient for review. The notice will include any outstanding items, issues or concerns, and will outline within that notice the access, if any, the local issuing authority would consider given the available information. Failure of the local issuing authority to comply with the preliminary review periods does not preclude the local issuing authority from denying any application.

(d) Subsequent to the 20 day period, if necessary information is later determined to be missing, the issuing authority may deny the permit on grounds of insufficient information, and incomplete application unless the applicant withdraws the application. The denial shall provide an explanation as to the necessary and missing items and the reasons why the items are considered necessary.

(e) Upon receipt of the local issuing authority's letter requesting more information, the applicant may provide additional data and information as appropriate, or withdraw the application. If the applicant provides additional information as requested, the 45 day period starts over. If the applicant withdraws the application, then later resubmits an amended application, the same procedures as for initial submittal application shall be used.

(9) Processing of an Access Permit Application When the Local Authority is the Issuing Authority (a) Upon receipt of the application and any required attachments, the local issuing authority shall use the Code, the Act and any other applicable state and federal laws for evaluating and acting on the application. The local issuing authority may grant the access as proposed, require layout and location modifications as it considers appropriate, restrict one or more turning movements as necessary to reduce traffic and safety impacts, or deny the access, all as determined by the standards of the Code. Any access permit prepared by the local issuing authority shall be in conformance with the Code. Waiver procedures may be considered for any design standard of the Code not applicable or feasible given proposed access site specific physical and traffic operation conditions. The issuing authority shall complete its review and take final action to approve or deny the application within 45 days of the date of acceptance.

(b) If the proposed access cannot meet the requirements or standards of the Code including consideration of appropriate design waiver criteria, or other applicable laws, the application shall be denied. If the local issuing authority denies the permit application, the local issuing authority shall provide the applicant and the Department a copy of the permit application form 137 marked “denied” and a written explanation of the decision. The Department may not reverse the denial decision by the local issuing authority. Any appeal by the applicant of local action shall be to the local issuing authority and shall be consistent with the appeal procedures of that issuing authority.

The local issuing authority shall notify the Department of appeals made of local issuing authority actions on state highway access permits and applications.

(c) If the local issuing authority has or will fail to act on a complete application within 45 days from the date of receipt of the application, the Department shall be notified. If the local issuing authority has not taken final action within 45 days from the date of application acceptance by the local issuing authority, the Department is authorized and shall take final action on the application within 20 days as required by the Act. Transmittal of the permit application, unsigned by the appropriate local issuing authority, for the purpose of obtaining the Department's comments prior to local approval, does not constitute the initiation of the 20 day review period.

(d) If the local issuing authority approves the application, it shall prepare a permit which shall include all terms and conditions necessary to meet the requirements of the Code. The issuing authority shall sign and transmit the permit with all attachments and pertinent information to the appropriate regional office of the Department. This transmittal constitutes action on the permit as required by

section 43-2-147(5)(a), C.R.S.

(e) After receiving a permit approved by a local issuing authority, the Department shall review the permit for compliance with the Code, the Act and other state or federal law which may be applicable.

Prior to Department action, the Department may, in consultation with the local issuing authority, revise the permit as necessary to add terms, conditions, standards and specifications. If the Department determines that the permit does not meet Code requirements, or waiver criteria, or applicable laws, the Department shall deny the permit. The Department shall provide both the applicant and the local issuing authority a written explanation for the decision. Any appeals of Department action shall be made pursuant to the subsection on appeals.

(f) If the Department fails to act within 20 days from receipt of the transmitted permit from a local issuing

authority, or within 20 days after a local issuing authority should have acted, whichever is the lesser, the permit shall be considered approved and an appropriate permit issued in accordance with the design and construction standards of the Code.

(g) If the Department approves the access permit it will be transmitted to the applicant for signature. This transmittal constitutes action on the permit as required by section 43-2-147(5)(a), C.R.S. It is the responsibility of the applicant to obtain the signature of the permittee(s). The permittee(s) shall sign the permit if the terms and conditions are acceptable and return the entire permit with any required local issuing authority permit fee to the Department at the address noted. In accepting the permit, the permittee agrees to all terms and conditions of the permit. If the Department has not received the signed copy and fee payment, if any, from the applicant within 60 days of the date of transmittal, the permit may be deemed withdrawn. After receiving the signed permit and fee payment, if any, the Department shall mark the permit paid, sign the permit, and return a copy to the applicant and to the local issuing authority along with any collected fees. If the permittee(s) do not agree to all the terms and conditions of the permit, the permit shall be considered denied.

Each approved permit shall have a unique permit number assigned by the Department.

(10) Contents of an Access Permit (a) The terms and conditions of a completed access permit shall address all of the access conditions, including, but not necessarily limited to the following:

1. Type and configuration of the access (i.e., signal, 3/4, right/right, etc.)

2. The access location description will be written as exactly as the circumstances require — that is, it could be determined as “directly across” from an existing access, or “within x feet” of an existing access or intersection, or “not less than x feet” from an existing access or intersection, or any other means to make clear the access location parameters. The Department Reference Point will be noted to the nearest 100 of a mile in the upper right hand corner of the permit.

3. Whether acceleration or deceleration lanes are required and generally what other physical improvements may be required at the time of request for the Notice to Proceed.

4. If known, whether the approved access may include or necessitate any design waivers.

5. Limiting conditions, if any, Including turn limitations, future limitations, and restrictions and any terms and conditions that would require the access approval to be revisited at a later date.

6. What is necessary for completion and approval for the issuance of a Notice to Proceed.

(11) General Permit Issues (a) When the Code or related official forms require the signature of the permittee(s) or applicant, such signatures must be that of the specific individual, or if a corporation or partnership or other entity, the duly authorized officer or agent of the corporation or partnership or other entity. The name of the corporation, partnership or entity shall be included with the signature.

(b) The issue date of the permit is the date the Department representative signs the permit. Only the Chief Engineer, the appropriate Region Transportation Director, or other specifically authorized Department staff may authorize access permits for the Department.

(c) The granting of an access permit conveys no rights, title or interest in state highway rights-of-way to the permit holder or property served. A permit for direct access to a state highway does not entitle the permit holder to control or have any rights or interests in any portion of the design, specifications or operation of the highway or roadway, including those portions of the highway built pursuant to the terms and conditions of the permit.

(d) A permit shall be considered expired if the access is not under construction within one year of the permit issue date or before the expiration of any authorized extension. When the permittee is unable to commence construction within one year after the permit issue date, the permittee may request a one year extension from the issuing authority. No more than two one-year extensions may be granted under any circumstances. If the access is not under construction within three years from date of issue the permit will be considered expired. Any request for an extension must be in writing and submitted to the issuing authority before the permit expires. The request should state the reasons why the extension is necessary, when construction is anticipated, and include a copy of page 1 (face of permit) of the access permit. Extension approvals shall be in writing. The local issuing authority shall obtain the concurrence of the Department prior to the approval of an extension, and shall notify the Department of all denied extensions within ten days. Any person wishing to reestablish an access permit that has expired may begin again with the application procedures. An approved Notice to Proceed, automatically renews the access permit for the period of the Notice to Proceed.

(e) For any permit involving changes in the roadway or structures, the Department or issuing authority may require the permittee to hire a Colorado registered professional engineer to inspect the access carefully and to affirm to the best of their knowledge and belief that the construction is in compliance with the permit specifications and to report any item which may not be in compliance or can't be determined to be in compliance, and the nature and scope of the item relative to compliance. The issuing authority and Department may require testing of materials. When so required, test results shall be provided to the Department or as specified on the permit.

(f) The right-of-way necessary for state highway roadway improvements including travel lanes and auxiliary lanes shall be provided to the Department in accordance with paragraph (g). Unless otherwise determined by the Department, other non-roadway appurtenances such as curbs, sidewalks, shoulders, bike lanes, bike paths, drainage structures, ditches, landscaping, utilities, and traffic control devices, which are beyond the edge of the roadway, may be on permanent easements, or if in public ownership then by agreement, or conveyed to the Department in accordance with paragraph (g). If a permanent easement is provided, the easement must convey all rights of development, construction, control, maintenance, operation and may be subject to the police powers for state highway purposes and cannot be occupied in any manner by the fee simple owner without specific Department authorization. Where there is a permanent easement, the permittee is responsible for maintenance of all appurtenances in the permanent easement except traffic control devices. Section 43-2-135, C.R.S., ‘division of authority over streets’, applies. The Department shall provide the language for the permanent easement. Such language will be standardized. The Department cannot indemnify the underlying fee simple owner from any legal claims in the permanent easement area. The highway right-of-way boundary shall be considered the back of any permanent easement given to the Department for highway purposes.

(g) Property required by the Department for permit related highway access improvements shall be conveyed without cost to the Department by dedication, or by a warranty deed or permanent easement as described above. All right, title and interests shall be conveyed. All current title policies must be provided and be acceptable to the Department. The owner must certify that the property is clean of contamination or indemnify the Department from any contamination responsibilities prior to conveyance. The Department may refuse to accept any property, including but not limited to that containing or suspected of containing hazardous substances, toxic wastes, or other contamination until such substances are removed and or the property is certified clean by the appropriate governmental entity, or the Colorado Department of Public Health and Environment, and if necessary, the Environmental Protection Agency. The Access is not considered complete until property is conveyed.

(h) Where access improvements require the reconstruction of an existing roadway open to travel, the Department or local authority may require the permittee or permittee's contractor to post a bond, establish an escrow account, or in some other manner provide security to insure completion of the work within the highway. The security shall be sufficient to cover any repair or reconstruction of the access work area to a standard comparable with conditions prior to the initiation of access construction and to the extent necessary to ensure public safety as determined by the Department. Where extensive reconstruction of the highway is necessary the Department may require the use of a Department prequalified contractor.

(l) The permittee or contractor may be required to provide comprehensive general liability and property damage insurance naming the Department and the issuing authority (if applicable) as an additional insured party, in the amounts of not less than $600,000 per occurrence and automobile liability insurance of $600,000 combined single limit bodily injury and property damage for each accident, during the period of access construction. By accepting the permit, permittee agrees to save, indemnify, and hold harmless to the extent allowed by law, the issuing authority, the Department, its officers, and employees from suits, actions, claims of any type or character brought because of injuries or damage sustained by any person resulting from the permittee's use of the access permit during the construction of the access.

(j) Upon request, the phasing of the installation of access design requirements may be allowed if the average (as defined by DHV analysis or equivalent) use of the access at any time does not exceed the constructed design and the Department or local authority is provided monetary or legal guarantees that access permit terms and conditions will be met prior to any use of the access exceeding the existing design of the access. The following items may be used in this regard: posting a bond, irrevocable letter of credit, certificates of deposit, inclusion in zoning ordinance, inclusion in subdivision plats or land use permit requirements, inclusion in the deeds to the properties involved and any other techniques as approved and accepted by the Department.

All such arrangements shall be included as terms and conditions of the permit. The local authority or Department may record notices in the county records of such agreements to inform future property owners of potential liabilities and responsibilities. If the project is to be phased over time, the schedule, location and other details of each phase shall be provided by the permittee.

(12) Access Requests by Local Authorities (a) Requests by appropriate local authorities for new access or for the reconstruction of existing access to the state highway (such as county roads and municipal streets) shall be administered by the Department as provided in subsection 2.3(6) and (7), or by special written agreement or contract between the Department and the local authority. The local authority shall be considered the applicant. Access to subdivisions and other developments shall be processed in the same manner as a private access and applied for pursuant to subsection 2.3(6) or 2.3(8) until the access is constructed, completed, and accepted as a public access and public way by the appropriate local authority.

(b) Where a private development accessing the roadway of an appropriate local authority necessitates access improvements where the local roadway connects to a state highway, the permittee may either be the local jurisdiction, the developer or a combination, at the discretion of the local

authority. 2.4 Issuing a Notice to Proceed (1) The Notice to Proceed is not a license. It states that the permittee has met the pre-construction and permit submittal requirements and may now proceed with construction. When ready to begin construction, the applicant shall submit all permit required construction drawings, specifications and other required items, along with a copy of the access permit to the issuing authority and provide a copy to the Department if the Department is not the issuing authority. If the issuing

authority is the local authority, the local authority may request the Department to handle all processing of the Notice to Proceed. The request shall be in writing. The Department shall provide a copy of the Notice to Proceed to the local authority.

(2) The issuing authority or Department has seven days to determine if the submittal is complete for review or notify applicant of deficiencies. If complete, the submittals will be reviewed within thirty days and returned to the applicant with all required corrections identified. If certain submitted items are found unacceptable, missing, or in need of correction, the applicant shall correct their submittals and resubmit the request for Notice to Proceed.

(3) Upon resubmittal, the revised documents shall be reviewed within ten days. If the corrections made are satisfactory, the Notice to Proceed will be issued. If further corrections are necessary, the cycle of submittal, review and comment repeats itself until approval is granted and the Notice to Proceed is issued. If the applicant chooses not to request the Notice to Proceed, or chooses not to resubmit, the permit expires pursuant to subsection 2.3(11)(d).

(4) When certain new technical issues arise during this review that may affect the access permit terms and conditions the Department and the issuing authority will determine whether the technical issues fall within the conditions or parameters stated within the access permit. If the documents are consistent with the access permit, the Notice to Proceed will be granted. If they do not, the access in question is subject to the following options:

a. The applicant may attempt to solve the technical issues within the terms and conditions outlined in the access permit.

b. The Department may grant a waiver to those standards.

c. All parties may agree upon a different access location, design or configuration and jointly amend the access permit and then proceed to issue the Notice to Proceed.

(5) When necessary to amend a permit, and the permittee is agreeable and waives the right to an administrative hearing on the amendment, a letter detailing the amendment with reasons for the amendment shall be prepared. The letter of amendment requires the approval of the issuing

authority, the Department and the permittee.

(6) When a traffic control plan is required, such a plan must be consistent with the Department Standard Plans Manual for Maintenance and Signing or a specific plan prepared by an American Traffic Safety Services Association (ATSSA) or Colorado Contractors Association certified individual or sealed (stamped) by a Colorado registered professional engineer, consistent with the M.U.T.C.D. and be acceptable by the Department and the issuing authority prior to any construction within the right-of-way. The final traffic control plan must be submitted a minimum of three working days in advance of construction. If requested by the issuing authority, a draft plan shall be provided prior to the Notice to Proceed. Construction may not commence until the traffic control plan has received the approval of the issuing authority and the Department. Such plans may be revised as necessary with Department concurrence.

(7) The construction of the access and its appurtenances as required by the terms and conditions of the permit shall be completed at the expense of the permittee except as provided in subsection 2.14.

All materials used in the construction of the access within the highway right-of-way or on permanent easements, become public property. Any materials removed from the highway rightof-way will be disposed of only as directed by the Department. All fencing, guard rail, traffic control devices and other equipment and materials removed in the course of access construction shall be given to the Department unless otherwise instructed by the permit or the Department inspector.

(8) All construction drawings shall be completed to the detail necessary to ensure that the construction of the access will be in compliance with the permit terms and conditions, including materials specifications.

(9) A Notice to Proceed shall be considered expired if the permit has expired. The Notice to Proceed may have a specific expiration date noted if it is necessary to condition the notice with a specific expiration date. 2.5 Access Construction (1) The permittee shall notify the individual or the office specified on the permit or Notice to Proceed at least two working days prior to any construction within state highway right-of-way. Construction of the access shall not proceed until both the access permit and the Notice to Proceed are issued.

The access shall be completed in an expeditious and safe manner and shall be finished within 45 days from initiation of construction within the highway right-of-way. A construction time extension not to exceed 30 working days may be requested from the individual or office specified on the permit.

(2) The Department or issuing authority may restrict work on or immediately adjacent to the highway, control lane closure periods and require pre-approval of all aspects of construction phasing, where access construction will affect traffic operation, roadway capacity and safety. Every effort shall be made to minimize the closure periods of any travel lanes. Work in the right-of-way will normally not be allowed on holidays, at night, during peak traffic hours, and during adverse weather conditions. The issuing authority may establish a fee schedule to charge an hourly and or daily fees for the closure of any travel lanes necessary for the construction of a private access (see subsection 2.11(2)).

(3) The issuing authority and the Department may inspect the access during construction and upon completion of the access to ensure that all terms and conditions of the permit are met. Inspectors are authorized to enforce the conditions of the permit during construction and to halt any activities within state right-of-way that do not comply with the provisions of the permit, that conflict with concurrent highway construction or maintenance work, that endanger highway property, natural or cultural resources protected by law, or the health and safety of workers or the public.

(4) The permittee should arrange for access construction to be done by qualified contractors. Work shall be accomplished under Department or local authority inspection and shall meet all Department specifications.

(5) The Department or issuing authority at its discretion, may complete the installation of permanent traffic control devices. The permittee shall pay for direct costs and labor provided by the Department for the installation and relocation of all traffic control devices within public right-of-way directly related to the use or construction of the permitted access. Failure of the permittee to pay within a reasonable period may be considered grounds for permit suspension which may lead to revocation and access removal.

(6) Prior to using the access, the permittee is required to complete the construction according to the terms and conditions of the permit. Failure by the permittee to abide by all permit terms and conditions shall be sufficient cause for the Department or issuing authority to initiate action to suspend or revoke the permit and close the access. If in the determination of the Department or issuing

authority the failure to comply with or complete the construction requirements of the permit create a highway safety hazard, such shall be sufficient cause for the summary suspension of the permit. If the permittee wishes to use the access prior to completion, arrangements must be approved by the issuing authority and Department and included in the permit. The Department or issuing authority may order a halt to any unauthorized use of the access pursuant to statutory and regulatory powers. Reconstruction or improvement of the access may be required when the permittee has failed to meet required specifications of design or materials. If any construction element fails within two years due to improper construction or material specifications, the permittee shall be responsible for all repairs. Failure to make such repairs may result in suspension of the permit and closure of the access.

(7) The permittee shall provide construction traffic control devices at all times during access construction, in conformance with the M.U.T.C.D. as required by section 42-4-104, C.R.S., as amended.

(8) A utility permit shall be obtained for any utility work within highway right-of-way. Where necessary to remove, relocate, or repair a traffic control device or public or private utilities for the construction of a permitted access, the relocation, removal or repair shall be accomplished by the permittee without cost to the Department or issuing authority, and at the direction of the Department or utility company. Any damage to the state highway or other public right-of-way beyond that which is allowed in the permit shall be repaired immediately. The permittee is responsible for the repair of any utility damaged in the course of access construction, reconstruction or repair.

(9) The permittee shall ensure that a copy of the permit is available for review at the construction site at all times. The permit may require the contractor to notify the individual or office specified on the permit at any specified phases in construction to allow the field inspector to inspect various aspects of construction such as concrete forms, subbase, base course compaction, and materials specifications. Minor changes and additions may be ordered by the Department or local authority field inspector to meet unanticipated site conditions. The Department or issuing authority may require the permittee to hire a Colorado registered professional engineer to affirm to the best of the engineer's knowledge and belief that the construction is in substantial compliance with the permit and specifications. The issuing authority and Department may require testing of materials.

When so required, test results shall be provided to the Department. 2.6 Changes in Land Use and Access Use (1) It is the responsibility of the property owner and permittee to ensure that the use of the access to the property is not in violation of the Code, permit terms and conditions or the Act. The terms and conditions of any permit are binding upon all assigns, successors-in-interest, heirs and occupants. If any significant changes are made or will be made in the use of the property which will affect access operation, traffic volume and or vehicle type, the permittee or property owner shall contact the local issuing authority or the Department to determine if a new access permit and modifications to the access are required.

(2) The intent of this subsection is to recognize that beneficial modifications to existing developed property are to be encouraged. The redevelopment, reconstruction, remodeling, assemblage, and any other modifications to existing property will allow the property to retain some direct access if direct access currently exists. Where there is a private access to category F-W or E-X, a change in the use of the access requires full conformance with the standards of the category and may require closure of the access to achieve conformance.

(3) Unless there are identified safety problems, existing legal access to the state highway system shall be allowed to remain or be moved or reconstructed under the terms of an access permit in accordance with subsection 2.6 as long as total daily trips to and from the site are less than 100, or as long as only minor modifications are made to the property or as long as the access does not violate any specific permit terms and conditions. Minor modifications are defined as anything that does not increase the proposed vehicle volume to the site by 20 percent or more. When a field approach is used or will be used in excess of an average of one vehicle per day, such change in use disqualifies the approach as a field approach, and requires conformance with Section Three of the Code. Subsection 2.6 does not apply.

(4) Modifications to an existing highway access which is either in use or can demonstrate historical use, and does not comply with the provisions of Paragraph 3 above, may be granted according to the following provisions:

(a) Upon demonstration by the applicant that the proposed access point(s) will improve the operation or safety of the highway. Consolidation of access points is encouraged and shall be defined as a benefit to the highway for application of this rule. Where there are multiple accesses serving the site, a 50% reduction (rounded up for odd numbers) shall be sufficient.

(b) If (a) cannot be demonstrated, then the Department may require closure of those accesses to the state highway which are in excess of those allowed for undeveloped properties according to the criteria of the Access Code.

(c) The applicant may be required to comply with the requirements of the local jurisdiction and the Code, pertaining to public improvements, auxiliary lanes, and other access design criteria to the extent possible in order to maintain safe operations of the roadway system in accordance with the needs of the access category.

(5) A change in use which results in a change in the type or nature of access operation is presumptively established when, following the change in use, any of the events enumerated occur or reasonably are expected to occur by proper application of the ITE Trip Generation manual or by actual counts and reasonable predictions.

(6) Vehicular use and operation of local roads where they connect to (access) a state highway is the responsibility of the appropriate local authority. The local authority should maintain such state highway access locations in conformance with the Code to the extent feasible and practicable within statutory and public funding limitations. The local authority may fund any necessary improvements by obtaining contributions from the primary users of the access or as off-site subdivision improvements necessary for the public safety pursuant to sections 30-28-133 and 133.1, C.R.S., and sections 31-23-201 to 227, C.R.S., or other available public funds and local requirements.

(7) The Department or issuing authority may, when necessary for the improved safety and operation of the roadway, rebuild, modify, remove, or relocate any access, or redesign the highway including any auxiliary lane and allowable turning movement. The permittee and or current property owner will be notified of the change. Changes in roadway median design that may affect turning movements normally will not require a license modification hearing as an access permit confers no private rights to the permittee regarding the control of highway design or traffic operation even when that design affects access turning movements.

(8) Action pursuant to the Code initiated by the local authority or Department against an existing legal access either to revoke, suspend, limit, reconstruct, relocate or modify the access may be accomplished pursuant to either the Administrative Procedure Act, article 4 of title 24, C.R.S., or the government powers of eminent domain.

(9) All temporary permits in existence as of the effective date of the Code, shall be considered expired on September 1, 2001 unless a specific expiration date was provided on the permit. All new temporary permits shall expire three years from their date of issue unless a date providing for a shorter duration is specified. When the permittee wishes to reestablish the access, the standard application process shall be followed. Continued use of an access that has an expired permit shall be considered illegal access. 2.7 Maintenance & Permit Transfer (1) The permittee, his or her heirs, successors-in-interest, assigns, and occupants of the property serviced by the access shall be responsible for meeting the terms and conditions of the permit, the repair and maintenance of the access beyond the edge of the roadway including any cattle guard and gate, and the removal or clearance of snow or ice upon the access even though deposited on the access in the course of Department snow removal operations. Within unincorporated areas the Department will keep access culverts clean as part of maintenance of the highway drainage system. However, the permittee is responsible for the repair and replacement of any access-related culverts within the right-of-way. Within incorporated areas, drainage responsibilities for municipalities are determined by statute and local ordinance. The Department will maintain the roadway including auxiliary lanes and shoulders, except in those cases where the access installation has failed due to improper access construction and/or failure to follow permit requirements and specifications in which case the permittee shall be responsible for such repair. Any significant repairs such as culvert replacement, resurfacing, or changes in design or specifications, requires authorization from the Department. 2.8 Access Violations (1) The Department or issuing authority may install barriers across, or remove, any access which is determined by the Department to be illegal. Any access that provides direct access to a state highway which is constructed and or established without a current and legal access permit after August 30, 1981 shall be considered illegal. Any person who drives a vehicle onto or from any state highway except at permitted access locations commits a traffic infraction pursuant to section 42-4-1010, C.R.S., as amended.

(2) When an access is constructed or used in violation of the Code, section 43-2-147(5)(c), C.R.S., of the Act applies. The Department or issuing authority may summarily suspend an access permit and immediately order closure of the access when its continued use presents an immediate threat to public health, welfare or safety. Summary suspension shall comply with article 4 of title 24, C.R.S.

(3) When closure of the access would constitute an undue hardship on access users other than the permittee and assigns and the Department or issuing authority has been unsuccessful in obtaining compliance with the permit by the permittee, and a safety hazard exists with the continued use of the access, the Department or issuing authority may complete the necessary modifications with public funds. The permittee shall reimburse any such public expenditure. The Department or issuing authority shall require reimbursement of these public funds by the permittee, his agents, heirs, successors-in-interests and assigns. Failure of the permittee to reimburse public funds in a reasonable period may result in suspension of the permit or permit revocation and or a lein may be filed. 2.9 Appeals (1) Should the permittee or applicant object to the denial of a permit application by the Department or object to any of the terms or conditions of a permit placed there by the Department, the applicant and permittee (appellant) have a right to appeal the decision to the Commission. To appeal a decision, submit a request for administrative hearing to the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature.

Submit the request to the Transportation Commission of Colorado, 4201 East Arkansas Avenue, Denver, Colorado 80222-3400. The request shall include reasons for the appeal and may include changes, revisions, or conditions that would be acceptable to the permittee or applicant.

(2) Any appeal by the applicant or permittee of action by a local issuing authority shall be filed with the local authority and be consistent with the appeal procedures of the local authority.

(3) In submitting the request for administrative hearing, the appellant has the option of including within the appeal a request for a review by the Department's internal administrative review committee pursuant to subsection 2.10. When such committee review is requested, processing of the appeal for formal administrative hearing, 2.9(5) and (6), shall be suspended until the appellant notifies the Commission to proceed with the administrative hearing, or the appellant submits a request to the Commission or the administrative law judge to withdraw the appeal. The two administrative processes, the internal administrative review committee, and the administrative hearing, may not run concurrently.

(4) Upon receiving a copy of the appeal, the Department may consider any objections and requested revisions at the request of the applicant or permittee and discuss the issues with the appellant. If agreement is reached, the Department, with the approval of the issuing authority (if applicable), may revise the permit accordingly, or issue a new permit, or require the applicant to submit a new application for the Department's reconsideration. Changes in the original application, proposed design or access use will normally require submittal of a new application. If the appeal includes a request for review by the internal administrative review Committee, the Secretary of the Committee shall be provided a copy of the appeal.

(5) Regardless of any communications, meetings, administrative reviews or negotiations with the Department or the internal administrative review Committee regarding revisions or objections to the permit or a denial, if the permittee or applicant wishes to appeal the Department's decision to the Commission for a hearing, the appeal must be brought to the Commission within 60 days of transmittal of notice of denial or transmittal of the permit.

(6) The hearing will be held in accordance with article 4 of title 24, C.R.S. and also in accordance with the Rules of Procedure, Department of Administration, Division of Administrative Appeals, 1-CCR- 104-1, and section 24-4-105, C.R.S., if the hearing is delegated to an Administrative Law Judge.

(7) The decision by the Commission or by an administrative law judge to whom the appeal is delegated, shall be considered final agency action. The standard of review by the Commission or by the administrative law judge is set forth in section 24-4-106, C.R.S. as amended.

(8) The Department or local authority may record any application or permit decision and related documents with the County Clerk and Recorder. 2.10 Internal Administrative Review Committee (1) The Executive Director of the Department shall establish an Access Code Administrative Review Committee (“Committee”) in the Office of the Chief Engineer, and appoint three members, for the review of Department access decisions and administration. The purpose of the Committee is to help ensure the uniform administration of the Code and to seek resolution of disagreements as an optional alternative to conducting a formal administrative hearing pursuant to subsection 2.9. No more than two of the three members shall be employed by the Department. Two additional persons shall be appointed as alternates to serve in the absence of a member, or when, in the opinion of the chairperson, a member may be faced with a conflict of interest. The Committee shall select a chairperson. A member may choose to recuse himself/herself from any case review without providing justification. One alternate shall be a Department employee. The Chief Engineer shall assign a Department employee as the non-voting Committee secretary, who will accomplish the Committee's administrative duties including letters, scheduling, preparation of written materials, distribution, record keeping and related duties, and prepare any materials requested by the Chief Engineer.

(2) A request for Committee review must be submitted in writing as a part of the appeal process pursuant to section 2.9. The request must be received by the Transportation Commission of Colorado within 60 days of transmittal of notice of denial or transmittal of the permit for signature. The request to the Committee is optional. A permittee or applicant may elect to bypass the review process described in this subsection and proceed to an administrative hearing. A request for Committee review may not be submitted until the Region has concluded its access permit review process and made a decision. The applicant should provide complete written information supporting their request for Committee review. The applicant may make a personal appearance before the Committee or chose not to appear and rely on the Committee to read and discuss any submitted materials.

(3) Upon receipt of a request for review, the Committee secretary shall promptly notify the local jurisdiction and appropriate Region. The Secretary will schedule the review meeting based upon the meeting dates selected by the Committee, the convenience of the applicant, and the availability of the Department representatives. The Secretary shall provide notice of the meeting to all parties. The secretary will notify the appellant and the Region at least 10 working days in advance of the Committee meeting unless waived by both parties. The Committee has no

authority over local issuing authorities. The Secretary shall direct all review requests regarding local issuing authority decisions to the appropriate local authority.

(4) The Committee shall meet regularly, as the Committee deems necessary, to provide a timely response to review requests. The Committee will normally consider each request within 30 calendar days of receipt.

(5) The appellant shall present their issues first at the Committee meeting. The presenters for the appellant shall have authority to represent the appellant. They have no more than 30 minutes to present. The Department representative will follow, not to exceed 30 minutes to present. The proponent may have a five minute response to the Department presentation. If requested, the Committee chair may extend the allotted times. Following the presentations the Committee may ask questions of any party.

(6) Following the presentations and questions if any, the Committee, in reaching their recommendation, shall consider all information received, the requirements of the Code, the Statement of Purpose and Intent contained in the Code, and any relevant Department policies and engineering practices. If the Committee finds there is insufficient information, the Committee may call a continuance to a later date and postpone its recommendation to the Chief Engineer. The Committee shall make an initial recommendation which will include the Committee's opinion regarding the facts, and findings. The Committee shall arrive at an initial recommendation prior to beginning a hearing on a new case. Within 10 days, the Committee secretary shall prepare the recommendation in writing, obtain the concurrence of the Committee, and forward the written recommendation to the Chief Engineer.

(7) Following receipt of the Committee recommendations, the Chief Engineer shall take the Committee's recommendations under advisement. The Chief Engineer has 10 days to review the Committee's recommendation and make a final decision. The Chief Engineer, based on his/her judgement, the Code and the recommendation of the Committee, shall direct Department staff to take appropriate action to either modify the permit, let the permit stand as offered originally, or uphold the Region determination. The Chief Engineer's decision shall be in writing. It shall include a listing of the facts, findings, applicable provisions of law and a decision. All parties to the review will be sent a copy of the decision. This will be considered the Department's final internal decision regarding the access application. The Secretary shall keep a separate record of all recommendations and decisions. Failure of the Chief Engineer to comply with the time frame set forth herein cannot be used as a basis for an argument that any certain decision has been made on an appeal.

(8) In conjunction with the Department staff, interested local governments, and private sector persons, the Committee may conduct quality assurance reviews of the access Code process, services and resources, as the Committee may deem appropriate or as requested by the Executive Director or Chief Engineer. 2.11 Permit Fees, Forms and Records (1) The issuing authority shall establish and collect a reasonable schedule of fees for access permits issued pursuant to the Code. Permit fees shall not exceed the costs of the administration of access permits. Local governments which are issuing authorities shall inform the Department of their fee schedules if any.

(2) The issuing authority may establish a fee schedule to charge an hourly and or daily fees for the closure of any travel lanes necessary for the construction of a private access. The fees will be estimated on the delay and interference caused by the closure on the general public. Such fees are applicable if for any part of any hour travel lane closure will result in a lower level of service and in a level of service lower than “D”. The lane closure fee shall be no less than $200 per hour per day or $600 per day whichever is less. The purpose of the fee is to encourage the quick completion of all work that reduces highway capacity and safety or interferes with the through movement of traffic.

(3) Each issuing authority shall make applications forms and related materials available to the public. The Department shall provide to the issuing authority all official Department forms necessary for processing access applications, including the permit form and any other official access permit program forms used, to ensure consistent record keeping and legal and administrative action on the part of all those charged, in whole or in part, with the administration of the Code.

(4) A copy of the permit issued shall be maintained by the Department and the local issuing authority for as long as the permitted access is in existence pursuant to the permit. The Department shall be provided access to the access permit records of any local issuing authority for the purposes of auditing to verify that all access applications and permits have been properly processed and approved. 2.12 Access Control Plans (1) Either the Department or the appropriate local authority may, at its discretion, develop an access control plan for a designated portion of state highway. An access control plan provides the appropriate local authority and the Department with a comprehensive roadway access design plan for a designated portion of state highway for the purpose of bringing that portion of highway into conformance with its access category and its functional needs to the extent feasible given existing conditions. The plan should achieve the optimum balance between state and local transportation planning objectives, and preserve and support the current and future functional integrity of the highway.

(2) The access control plan shall indicate existing and future access locations and all access related roadway access design elements, including traffic signals, that are to be modified and reconstructed, relocated, removed, added, or remain. The plan shall not preclude the current or future accommodation of other transportation modes of bicycles, pedestrian and transit. All traffic control devices or modifications shall meet the requirements of the M.U.T.C.D. as required by state and federal statutes. To the extent practical the plan shall meet the functional characteristics and design standards of the assigned category and conform to all standards and specifications in the Code. To determine the sufficiency and ensure that the plan will be successful, a study will be completed incorporating the appropriate elements of Code section 2.3 and included as supporting information for Department review. At least one advertized public meeting shall be held during the development phase of the plan. All property owners of record abutting the state highway within the plan limits shall be notified by the Department or the appropriate local authority of the proposed plan and afforded the opportunity to submit any information, data and agreements regarding the proposed plan.

(3) The plan must receive the approval of both the Department and the appropriate local authority to become effective. This approval shall be in the form of a formal written agreement signed by the local authority and the Chief Engineer of the Department. After an access control plan is in effect, modifications to the plan must receive the approval of the local authority and the Department.

Where an access control plan is in effect, all action taken in regard to access shall be in conformance with the plan and current Code design standards unless both the Department and the local authority approve a geometric design waiver under the waiver subsection of the Code. 2.13 Interchange Management Plans (1) An interchange management plan is required for any new interchange or significant modification to an existing interchange. The interchange and the management plan must receive the approval of the Chief Engineer.

(2) An interchange management plan is a simplified roadway, right-of-way and access control concept plan for the intersection of roadways where an interchange structure exists or is to be built or modified. Such plan shall include schematics for the location of all future and current access locations, public and private; anticipated traffic patterns, traffic signal locations, signing and striping; the acquisition of access rights where necessary; and any other controls that will ensure the continued protection of the functional integrity of the interchange including those roads entering the interchange area providing access to the freeway.

(3) Plan development procedures may follow the requirements of subsection 2.12, Access Control Plans, where they apply. The design of the plan should be developed using desirable level standards of traffic operation planning and roadway design standards where feasible. Access rights should be obtained for a distance of 550 feet along the lesser street or cross road measured from the radius point of any ramp touch down curve. Frontage roads and other accesses which are closer to ramp termini than the spacing standards recommend, should be either relocated, closed, or turning movements restricted as soon as conditions allow. 2.14 Department And Local Government Highway Construction Projects (1) When in the course of highway improvement it is necessary to reconstruct, improve, relocate, close or bring into conformance with the Code an existing access or accesses, the Department or issuing

authority will initiate the appropriate procedures, permits and agreements. Written concurrence by the appropriate local authority in the design plans illustrating access changes or by correspondence will constitute concurrence pursuant to section 43-2-147(6)(b), C.R.S. of the Act.

(2) Where the local authority retains issuing authority, the Department may request temporary administrative authority to issue access permits for any access within a designated highway project segment, or the issuing authority may be requested to concur in each access permit prior to permit approval by the Department. Access permits issued within the project limits should be constructed within two years from the date of issue. Extensions may be approved. Construction procedures and timing may be consistent with any project contract requirements.

(3) An access may not be upgraded to serve a greater purpose unless such improvement is allowed by an appropriate permit. The cost of any upgrade shall be at the expense of the property owner if necessitated by changes or anticipated changes in the use of the property.

(4) A public highway reconstruction project is not required to bring legal access into full compliance with current Code standards, but only to the extent reasonable within the limitations and scope of project consistent design parameters and available public funds.

(5) Where there are multiple accesses to the same ownership, public highway reconstruction may result in the combining and reduction of the number of driveways or modification of driveway size and design in order to meet necessary design and safety standards. The appropriate local authority may exercise its own legal authorities, resolutions and ordinances, to reduce the number of driveways to an ownership. Such local authority does not extend to the opening of new access to state highways except as allowed by state law.

(6) Temporary access within a highway project construction zone for highway construction activity is permissible. A permit is required for any new access location that provides access to the traveled portion of the roadway. The design, use and traffic controls of the access shall be detailed in the permit and on the project's traffic control plan. Where there is no project traffic control plan, flaggers shall be provided or the permit shall meet the standard design requirements of the Code.

(7) Under no circumstances shall the construction or reconstruction of a private driveway by a private interest interfere with the completion of a public highway construction project. The private interest shall coordinate work with Department project engineer.

Section Three Access Category Standards 3.1 Purpose and Use (1) This section provides a system of eight highway categories for access control purposes. The number, spacing, type, and location of access and traffic signals have a direct and often significant effect on the capacity, speed, and safety of the highway and are limited in a hierarchical method by this category system. The location, operation and design standards within each category are necessary to ensure that the highway will continue to function at the level (category) assigned.

Each state highway segment is assigned a category as provided in subsection 2.2 of the Code.

These assignments are listed in the State Highway Access Category Assignment Schedule, 2 CCR 601-1A, which can be obtained from the issuing authority.

(2) The standards in this section have been written so that the safety and operations of the complete general street system will be considered, when determining access to the state highway.

(3) The “Functional Characteristics and Category Assignment Criteria”, subsection of each category is intended to describe the existing or future function of roadways for which that category is most appropriate. The existing design of the highway is not required to meet the design standards of the assigned category at the time it is assigned. All new access permitting and other access design decisions shall meet the design standards in this section for the assigned category for the highway or segment of highway. A proposed access that may be allowed under Code Section Three criteria, but fails to meet the design or safety criteria of Code Section Four, should be denied unless a design waiver can be approved.

(4) Traffic signals and their installation are also regulated by the Federal Manual on Uniform Traffic Control Devices, (M.U.T.C.D.) and the Colorado Supplement under section 42-4-104, C.R.S., as amended. Nothing in the Code is intended or shall be interpreted as requiring the Department to authorize a traffic signal or left turn movement at any location. No traffic signal shall be authorized without the completion of an analysis of traffic signal system operation, construction feasibility, and safety as well as meeting M.U.T.C.D. signal warrants. When a traffic signal or operations study is required, the study shall include the information, data and analysis requirements of

section 2.3(5) to the extent requested by the Department and issuing authority and be sealed by a Colorado registered professional engineer. The Department may at its discretion in consideration of granting an access permit, require design and operational modifications as it considers necessary, restrict one or more turning movements, or deny the access so long as such discretion does not violate law.

Table 3.1: Overview of the Access Category Classification Hierarchy Table of access categories, with approximate descriptions F-W Interstate System, Freeway Facilities E-X Expressway, Major Bypass Rural Non-Rural R-A Regional Highway NR-A Regional Highway R-B Rural Highway NR-B Arterial NR-C Arterial F-R Frontage Roads (both urban and rural) 3.2 Access to Designated Freeways (1) The freeway statute, section 43-3-101 et seq., C.R.S., first adopted in 1941, controls public way access to state highways that are designated freeways by the Commission. Access permits for public way access to these highways shall not be issued unless prior authorization is obtained pursuant to section 43-3-104, C.R.S. This also applies to any private access that is proposed to become a dedicated public way in the future. Any restrictions placed on such approvals may be reflected in the access permit. 3.3 Emergency Access (1) Emergency access may be permitted on categories R-A, R-B, NR-A, NR-B, NR-C and F-R where required by local safety regulations. Such direct emergency access may be permitted only if it is not feasible to provide the emergency access to a secondary roadway. A written explanation with references to local standards from an appropriate government safety official shall be included with the application. 3.4 Field Approaches (1) Field approaches may be granted to categories R-A, R-B, NR-A, NR-B, NR-C, and F-R where in the determination of the issuing authority and the Department, the field has no other sensible access.

Additional field approaches to property under the same ownership or controlling interest may be granted if the necessity for such additional access due to topography or ongoing agricultural activities is demonstrated. Field approaches shall be kept to the minimum necessary to provide access service. Field approaches should meet minimum access design and safety standards of the Code. A change in use of the parcel of land serviced by the field approach may require that the field approach be closed. The spacing criteria between accesses contained in the Code may be waived for field approaches. All such field accesses shall meet the sight distance criteria of the Code. 3.5 Auxiliary Turn Lanes (1) Auxiliary lanes are required as described within each category in Section Three. In addition, auxiliary lanes may also be required where any of the following subsections require.

(2) If necessary, for specifically identified and documented safety and operation reasons, a right turn acceleration lane may be required when, a) for any access where a high traffic volume on the highway or using the access and the lack of acceptable gaps in traffic make use of an acceleration lane necessary for vehicles to safely and efficiently enter the highway traffic flow through the use of available short gaps in traffic, or b) where necessary for public safety and traffic operations based upon site and roadway specific conditions such as horizontal and vertical curves, or c) the posted speed is greater than 40 MPH.

(3) If necessary, for specifically identified and documented safety and operation reasons, a left turn acceleration lane may be required when unique location factors such as; highway speed and traffic density, access volume, the volume of commercial trucks, the influence of nearby access, existing highway auxiliary lanes close to the access, nearby traffic control devices, available stopping sight distance, and where other topographic and highway design factors exist that determine the need.

(4) For those access locations that have a high percentage of trucks using the access, it may be required that each auxiliary lane be built to full length and width according to table 4-6 and the transition taper length shall extend beyond the full length.

(5) The auxiliary lanes required in the category design standards may be waived when the 20 year predicted roadway volumes conflicting with the turning vehicle are below the following minimum volume thresholds. The right turn deceleration lane may be dropped if the volume in the travel lane is predicted to be below 150 DHV. The left turn deceleration lane may be dropped if the opposing traffic is predicted to be below 100 DHV. The right turn acceleration lane may be dropped if the adjacent traveled lane is predicted to be below 120 DHV. The left turn acceleration lane may be dropped if the volume in the inside lane in the direction of travel is predicted to be below 120 DHV. 3.6 Category F-W - Interstate System, Freeway Facilities (1) This category is appropriate for use on highways that have the capacity for high speed and relatively high traffic volumes over medium and long distances in an efficient and safe manner. They provide for interstate, interregional, intra-regional, intercity and, in larger urban areas, intracity travel. Interstate freeways are typical of this category.

Access Granting Criteria Including Category Related Access Location, Operation and Design (2) All opposing traffic movements shall be separated by physical constraints such as grade separations and non-traversable median separators. Access to the roadway, when allowed, shall consist of directional ramps, shall be suitably spaced and designed to provide the minimum differential between the speed of the through traffic stream and the speed of the merging or diverging vehicles. Location and design of access shall be determined on an individual basis by the Department in accordance with its authority under section 43-3-101 et seq., C.R.S., as amended, this Code, and the federal regulations governing federal-aid highway design and construction.

Private direct access to the F-W roadway is prohibited without exception. Except for temporary emergency and project construction access, each access allowed to a category F-W highway must receive the specific approval of the Chief Engineer and the Commission. Access to category F-W highways must comply with federal regulations and may require Federal Highway Administration “FHWA”, approvals.

(3) Auxiliary lane design and lengths shall meet federal Interstate design practices and be approved by the Department. The lengths shall be no less than that required by category E-X.

(4) Temporary access may be allowed for official emergencies. Temporary access may be allowed by a Department Region Transportation Director with FHWA concurrence where directly related to an access category F-W highway construction project. Temporary construction related access outside the construction zone may be allowed only if no reasonable alternative exists and the access meets Code Section Four standards. Such access may also require FHWA approval.

Temporary access within a construction zone shall be incorporated into the approved traffic control plans.

(5) Access onto category F-W highway right-of-way but not to the roadway may be permitted by special Department license or agreement if approved by the FHWA and the Chief Engineer, where such access will not connect to the main roadway, and may be for such purposes as bike and pedestrian paths, drainage, underpasses, overpasses, utilities and related public necessities which will not connect to or interfere with the main roadway, ramps, or cause any type of highway safety, operational, or design deficiencies.

(6) All private direct access to category F-W main roadways, access ramps, and structures is strictly prohibited unless specifically authorized for official temporary highway construction purposes under Department contract. Access to a frontage road built in association with a category F-W roadway, may be permitted in accordance with the assigned access category of the frontage road.

(7) A new interchange or a significant modification to an interchange on a F-W category highway, requires an interchange management plan. See subsection 2.13. 3.7 Category E-X - Expressway, Major Bypass (1) This category is appropriate for use on highways that have the capacity for high speed and relatively high traffic volumes in an efficient and safe manner. They provide for interstate, interregional, intra-regional, and intercity travel needs and to a lesser degree, some intracity travel needs.

Direct access service to abutting land is subordinate to providing service to through traffic movements.

Access Granting Criteria Including Category Related Access Location, Operation and Design (2) Typical spacing of intersecting streets, roads and highways shall be planned on intervals of one mile and normally based upon section lines where appropriate. One-half mile spacing of public ways may be permitted to the highway only when no reasonable alternative access to the general street system exists.

(3) No access to private property may be permitted unless reasonable access cannot be obtained from the general street system. When private access is permitted, left turns may be allowed if in the opinion of the department such left turns can be reasonably accomplished and it is not a divided highway. When direct private access is permitted, appropriate terms and conditions shall be included in the permit to achieve the following criteria; a) the access should be closed when other reasonable access to a lower functional street, road or highway is reasonably available, b) the access permit should specify under what circumstances the closure may be required, and c) if known, the future access location and the date the closure may occur.

(4) When allowed, auxiliary turn lanes shall be installed according to the criteria below.

(a) A left turn deceleration lane is required for any access with a projected average daily left turn ingress volume greater than 10. The transition taper length will be included within the required deceleration length. If the projected peak hour left ingress turning volume is greater than 10 vph, a left turn lane with deceleration, storage, and transition taper lengths is required for any access.

(b) A right turn lane with deceleration and taper lengths is required for any access with a projected peak hour right turn ingress turning volume greater than 10 vph.

(c) A right turn lane with acceleration and taper lengths is required for any access with a projected peak hour right turning volume greater than 10 vph.

(d) A left turn acceleration lane may be required if such a design would be a benefit to the safety and operation of the roadway or as determined by subsection 3.5. Left turn acceleration lanes are generally not required where; the posted speed is less than 45 mph, or the intersection is signalized, or the acceleration lane would interfere with the left turn ingress movements to any other access.

(e) If left turns are allowed and no left turn lane is required, then a minimum of a 10 foot outside shoulder in the direction of the left turning vehicle may be required.

(5) Unless otherwise specifically categorized and individually referenced by the State Highway Access Category Assignment Schedule, or noted in category F-W, private direct access should be prohibited from all vehicular overpasses, underpasses, bridges, structures, and ramps, on or connected to any state highway.

(6) No additional access rights shall accrue and no additional access shall be provided upon the splitting or dividing of existing parcels of land or contiguous parcels under the same ownership or controlling interest. All access to the newly created properties shall be provided internally from the existing access or a new access determined by the permit application or subdivision procedures.

(7) All access provided to a category E-X highway shall be done so with the understanding that if the highway is reconstructed, the direct access location may be closed and alternative access may be required to a frontage road or by other available means.

(8) Signals at intersections with major cross streets or roads of equal importance may be programmed to optimize traffic on both streets equally. Cross-streets of lesser importance need not be optimized equally. Traffic signals on the highway should be programmed to allow a desirable highway bandwidth of at least 40 percent. The efficiency of the signal system should be analyzed utilizing traffic volume, capacity, and level of service calculations. A study including all the relevant information listed in subsection 2.3(5) shall be completed. The analysis shall determine the optimum progression speed under both existing and proposed conditions. 3.8 Category R-A - Regional Highway (1) This category is appropriate for use on highways that have the capacity for medium to high speeds and relatively medium to high traffic volumes over medium and long distances in an efficient and safe manner. They provide for interregional, intra-regional, and intercity travel needs. Direct access service to abutting land is subordinate to providing service to through traffic movements.

This category is normally assigned to National Highway System routes, significant regional routes in rural areas, and other routes of regional or state significance.

Access Granting Criteria Including Category Related Access Location, Operation and Design Criteria (2) When application is made, one access shall be granted per parcel of land if reasonable access cannot be obtained from the local street or road system. Reasonable local access will be determined in consultation with the appropriate local authority. A determination of reasonable access from a local street or road should include consideration of the local street or road function, purpose, capacity, operational and safety conditions and opportunities to improve the local street or road.

Direct access to the highway should not be denied if the alternative local access would create a significant operational or safety problem at the alternative location and the direct access to the state highway would not be a significant problem to the highway.

(3) (a) The standard for the spacing of all intersecting public ways and other accesses that will be full movement, or are or may become signalized, is one-half mile intervals, and based upon section lines where feasible. Exceptions to this one-half mile standard shall not be permitted unless the proposal documents that there are no other reasonable alternatives to achieve a one-half mile interval, there is a documented necessity for the intersection at the proposed location, and a signal study acceptable to the Department is completed in accordance with section 2.3(5).

(b) Where it is not feasible to meet one-half mile spacing and where signal progression analysis indicates good progression (35 percent efficiency or better), or does not degrade the existing signal progression, a full movement may be allowed. Spacing to nearby intersections shall be sufficient to accommodate the 20 year left turn vehicle storage queue for both turning movements. The access location must also meet other Code access spacing, design and need requirements. If 20 year projections for the access indicate that the access volumes would be less than 75 percent of those required for M.U.T.C.D. traffic signal volume warrants, or if there are less than two nearby (within one mile either direction) accesses that are or could be signalized, the intersection location does not need to be on one-half mile spacing, nor does it need to meet progression analysis criteria.

(c) Where topography or other existing conditions make one-half mile intervals inappropriate or not feasible, location of the access shall be determined with consideration given to topography, established property ownerships, unique physical limitations and or unavoidable or pre-existing historical land use patterns and physical design constraints with every attempt to achieve a spacing of one-half mile. The final location should serve as many properties and interests as possible to reduce the need for additional direct access to the state highway. In selecting locations for full movement intersections, preference shall be given to public ways that meet or may be reasonably expected to meet signal warrants in the foreseeable future.

(4) If a restrictive median exists, left turns at unsignalized intersections should be restricted, unless the restriction of these movements would cause a safety or operations problem, or cause an out-ofdirection movement of greater than one mile. If a traversable median exists, left turns will be permitted unless an operational or safety problem is identified.

(5) Auxiliary turn lanes shall be installed according to the criteria below.

(a) A left turn deceleration lane with taper and storage length is required for any access with a projected peak hour left ingress turning volume greater than 10 vph. The taper length will be included within the required deceleration length.

(b) A right turn deceleration lane and taper length is required for any access with a projected peak hour right ingress turning volume greater than 25 vph. The taper length will be included within the required deceleration length.

(c) A right turn acceleration lane and taper length is required for any access with a projected peak hour right turning volume greater than 50 vph when the posted speed on the highway is greater than 40 mph. The taper length will be included within the required acceleration length. A right turn acceleration lane may also be required at a signalized intersection if a free-right turn is needed to maintain an appropriate level of service in the intersection.

(d) Right turn deceleration and acceleration lanes are generally not required on roadways with three or more travel lanes in the direction of the right turn except as provided in subsection 3.5.

(e) A left turn acceleration lane may be required if it would be a benefit to the safety and operation of the roadway or as determined by subsection 3.5. A left turn acceleration lane is generally not required where; the posted speed is less than 45 mph, or the intersection is signalized, or the acceleration lane would interfere with the left turn ingress movements to any other access.

(6) No additional access rights shall accrue upon the splitting or dividing of existing parcels of land or contiguous parcels under or previously under the same ownership or controlling interest. All access to newly created properties shall be provided internally from any existing access or a new access determined by Code design standards or by permit application and consistent with this (7) When an existing access meets the warrants for a traffic signal as defined in the M.U.T.C.D., and the location does not meet the requirements of subsection 3.8(3), the access shall be reconstructed to eliminate or reduce the traffic movements that cause the traffic signal warrant to be met, and the access brought into conformance with appropriate design criteria. A raised median may be (8) With the exception of frontage roads, any new rural highway location or newly designated state highway shall be considered no less than an access category R-A highway until the Commission has specifically assigned an access category.

(9) Where frontage and service roads are present, unless otherwise specifically categorized, a category R-A shall be assumed for all at-grade rural roadway sections within Department right-of-way between frontage and service roads and the main roadway. 3.9 Category R-B - Rural Highway (1) This category is appropriate for use on highways that have the capacity for moderate to high travel speeds and low traffic volumes providing for local rural travel needs. Speed limits vary based on roadway design, location, and travel speeds. There is a reasonable balance between safety, direct access and mobility needs within this category. This category may be assigned to low volume minor arterials, secondary collectors and local highway sections that do not normally provide for significant regional, state or interstate travel demands. These highways typically provide for rural transportation needs including, farm to market, farm to farm, and may include high speed rural frontage roads.

Access Granting Criteria including Category Related Access Location, Operation and Design Standards (2) When application is made, one access shall be granted to each parcel, unless the Department or Issuing authority establishes that the access would create a significant safety or operational problem on the highway, or the access does not meet acceptable design standards.

(3) Turning movements shall not be restricted if the access meets sight distance requirements, and auxiliary lane design requirements are met, no restrictive median is present, and if 20-year projections indicate that the intersection volumes would be less than 75 percent of those required for M.U.T.C.D. traffic signal volume warrants. Left or right turn movements may be restricted only if, in the determination of the Department or the issuing authority, one or both movements create significant roadway congestion or safety problems or hazards or a restrictive median is already in place.

(4) Left turns shall be prohibited if a non-traversable median is already established and the proposed opening in the median does not provide the general public any significant benefits to highway traffic operations and safety or would be counter to the purpose of the median.

(5) Additional access may be granted if the size or trip generation potential of the parcel requires additional access to maintain good roadway traffic operations and land use design, unless the Department or Issuing authority establishes that the access would create a significant safety or operational problem, or the access does not meet acceptable design standards including spacing.

Any additional access must not interfere with the location, planning, and operation of the general street system and access to nearby properties. Where the property abuts or has primary access to a lesser function road or an internal street system or by way of dedicated rights-of-way or easements, any access to the state highway shall be considered as an additional access.

(6) The recommended spacing of all intersecting public ways and other significant accesses that will be full movement is one-half mile intervals, and based upon section lines where feasible. Where topography or other existing conditions make one-half mile intervals inappropriate or not feasible, location of the access shall be determined with consideration given to topography, established property ownerships, unique physical limitations and or unavoidable or pre-existing historical land use patterns and physical design constraints with a reasonable attempt to achieve a spacing of one-half mile. The final location should serve as many properties and interests as possible to reduce the need for additional direct access to the state highway. In selecting locations for full movement intersections, preference shall be given to public ways that meet or may be reasonably expected to meet signal warrants in the foreseeable future.

(7) If the access has the potential to meet the M.U.T.C.D. warrants for signalization, the access location should meet signal spacing and location requirements. Where 20-year traffic projections exceed 75 percent of those required for M.U.T.C.D. Traffic Signal Volume Warrants, a traffic signal progression analysis shall be done. Where signal progression analysis indicates good progression (25 percent efficiency or better), or does not degrade the existing signal progression, a full movement may be allowed. In selecting access locations that may become signalized, preference shall be given to public ways that meet the one-half mile standard. No traffic signal shall be authorized without the completion of an analysis of traffic signal system operation, design and safety as well as meeting M.U.T.C.D. signal warrants.

(8) Auxiliary turn lanes shall be installed according to the criteria below.

(a) A left turn deceleration lane with taper and additional storage length is required for any access with a projected peak hour left ingress turning volume greater than 10 vph. The taper length shall be included within the required deceleration length.

(b) A right turn deceleration lane with taper is required for any access with a projected peak hour right ingress turning volume greater than 25 vph. The taper length shall be included within the required deceleration length.

(c) A right turn acceleration lane with taper is required for any access with a projected peak hour right turning volume greater than 50 vph when the posted speed on the highway is 45 mph or greater and the highway has only one lane for through traffic in the direction of the right turn. A right turn acceleration lane is not required on multi-lane highways of this category. The taper length will be included within the required acceleration length.

(d) A left turn acceleration lane with taper may be required if it would be a benefit to the safety and operation of the roadway or as determined by subsection 3.5. A left turn acceleration lane is generally not required where: the posted speed is less than 45 mph, or the intersection is signalized, or the acceleration lane would interfere with the left turn ingress movements to any other access.

(9) If the proposed access will not meet Section Four design and spacing standards, the access may be denied if absent the proposed access the property has reasonable alternate access available to the general street system. 3.10 Category NR-A - Non-Rural Principal Highway Functional Characteristics and Assignment Criteria (1) This category is appropriate for use on non-rural highways that have the capacity for medium to high speeds and provide for medium to high traffic volumes over medium and long distances in an efficient and safe manner. They provide for interregional, intra-regional, intercity, and intracity travel needs in suburban and urban areas as well as serving as important major arterials in smaller cities and towns. Direct access service to abutting land is subordinate to providing service to through traffic movements. This category is normally assigned to National Highway System routes, and other routes of regional or state significance.

Access Granting Criteria including Category Related Access Location, Operation and Design Standards (2) When application is made, one access shall be granted per parcel if reasonable access cannot be obtained from the local street or road system. Reasonable local access will be determined in consultation with the appropriate local authority. A determination of reasonable access from a local street or road should include consideration of the local street or road function, purpose, capacity, operational and safety conditions and opportunities to improve the local street of road.

Access to the highway should not be denied if the access will not create a safety or operational problem to the highway but would create safety or operational problems on the local street or road or cause the local street or road to be used in a manner which it was not intended.

(3) The desirable standard for the spacing of all intersecting public ways and other accesses that will be full movement, or have the potential for signalization, is one-half mile intervals and based upon

section lines where feasible. Exceptions to this one-half mile standard may be permitted when the proposal documents that there are no other reasonable alternatives to achieve a one-half mile interval, or that an additional signal is necessary. The applicant must establish to the Department's satisfaction that, a) there are no other reasonable site design, access or circulation alternatives eliminating the need for the signal, and b) there is a proven public necessity for the intersection, and c) a traffic signal study and traffic analysis acceptable to the Department is completed. The study must show that the proposal is able to achieve a signal progression analysis that indicates a good progression of 35 percent efficiency or better, or must be able to show that it does not degrade the existing signal progression. Code criteria for access spacing, year left turn storage capacity, and roadway design must also be met. In selecting locations for traffic signals, and for doing analysis, preference shall be given to public ways that meet or may be reasonably expected to meet signal warrants in the foreseeable future.

(4) Where topography or other existing conditions make one-half mile intervals inappropriate or not feasible, location of the access shall be determined with consideration given to topography, established property ownerships, unique physical limitations and or unavoidable or pre-existing historical land use patterns and physical design constraints. The final location should serve as many properties and interests as possible to reduce the need for additional direct access to the state highway.

(5) Left turns in (3/4 movement) may be allowed at accesses if the addition of left turns will improve operation at an adjacent full-movement intersection, and meet appropriate design criteria, and significant operational or safety problems would not occur. Left turns should be prohibited if a non-traversable median is already established and the proposed opening in the median does not provide the general public any significant benefits to highway traffic operations and safety or would be counter to the purpose of the median.

(6) Additional right turn only access shall be allowed where required acceleration and deceleration lanes can be provided, would relieve an identified congestion condition on the local street or road system, would not be detrimental to the safety and operation of the highway, would be in compliance with Code Section Four design standards, and the additional access would not knowingly cause a hardship to an adjacent property or interfere with the location, planning, and operation of the general street system.

(7) Auxiliary turn lanes shall be installed according to the criteria below.

(a) A left turn deceleration lane and taper with storage length is required for any access with a projected peak hour ingress turning volume greater than 10 vph. The taper length will be included within the required deceleration length.

(b) A right turn deceleration lane and taper is required for any access with a projected peak hour ingress turning volume greater than 25 vph. The taper length will be included within the required deceleration length.

(c) Right turn acceleration lane and taper is required for any access with a projected peak hour right turning volume greater than 50 vph when the posted speed on the highway is greater than 40 mph. The taper length will be included within the required acceleration length. A right turn acceleration lane may also be required at signalized intersections if a free-right turn is needed to maintain an appropriate level of service.

(d) Right turn deceleration and acceleration lanes are generally not required on roadways with three or more travel lanes in the direction of the right turn except as provided in subsection 3.5.

(e) A left turn acceleration lane may be required if it would be a benefit to the safety and operation of the roadway or as determined by subsection 3.5. A left turn acceleration lane is generally not required where: the posted speed is less than 45 mph, or the intersection is signalized, or the acceleration lane would interfere with the left turn ingress movements to any other access.

(8) No additional access rights shall accrue upon the splitting or dividing of existing parcels of land or contiguous parcels under or previously under the same ownership or controlling interest. All access to newly created properties shall be provided internally from any existing access or a new access determined by Code design standards or by permit application and consistent with this (9) No traffic signal location shall be authorized without the completion of an acceptable analysis of traffic signal system operation, design and safety as well as meeting M.U.T.C.D. signal warrants. The desirable spacing standard for traffic signals is one-half mile. Any access which would reduce the optimum highway bandwidth if a traffic signal were installed shall be limited by the criteria of this (10) When an existing access meets the warrants for a traffic signal as defined in the M.U.T.C.D., and the location does not meet the requirements of this subsection, the access may be reconstructed to eliminate or reduce the traffic movements that cause the traffic signal warrant to be met, and the access brought into conformance with the criteria of this subsection. A raised median may be (11) With the exception of frontage roads, any new non-rural highway alignment or newly designated roadway, shall be considered no less than an access category NR-A highway until the Commission has specifically assigned an access category.

(12) Where frontage and service roads are present, unless otherwise specifically categorized, a category NR-A shall be assumed for all at-grade roadway sections within Department right-of-way between frontage and service roads and the main roadway. 3.11 Category NR-B - Non-Rural Arterial (1) This category is appropriate for use on non-rural highways that have the capacity for moderate travel speeds and relatively moderate to high traffic volumes over medium and short travel distances providing for intercity, intracity and intercommunity travel needs. These routes are generally not of regional, state or national significance. This category is typically assigned within developed portions of cities and towns where there is established roadside development making the assignment of a higher functional category unrealistic. This category is also appropriate for short sections of regional highway passing through rural communities that may be located along route of regional, state and national significance where assignment to a higher category is unrealistic.

While this category provides service to through traffic movements, it allows more direct access to occur.

Access Granting Criteria including Category Related Access Location, Operation and Design Standards (2) When application is made, one access shall be granted to each parcel, if it does not create safety or operational problems. The access will provide, as a minimum, for right turns only. The access may have left turns in (3/4 movement) if the addition of left turns will improve operation at an adjacent full-movement intersection and meet appropriate design standards, unless significant operational or safety problems would occur. Where it is shown that the location will be able to meet appropriate design criteria, full-movement access shall be granted at one-half mile spacing, or where a signal progression analysis indicates good progression of 30 percent efficiency or better, or does not degrade the existing signal progression. Where the proposal includes a traffic signal, the applicant must establish that, a) there are no other reasonable site design, access or circulation alternatives eliminating the need for the signal, b) there is a public necessity for the intersection, and c) a traffic signal study and traffic analysis acceptable to the Department is completed.

(3) Additional right-turn-only access shall be allowed where required auxiliary lanes can be provided.

Additional right-turn-only access may be allowed when it would relieve an identified congestion condition on the local street or road system which cannot be improved, and the parcel size or trip generation potential requires additional access to maintain good highway traffic and land use design. To obtain the additional access the applicant must also show that the additional access would not knowingly cause a hardship to an adjacent property or interfere with the location, planning, and operation of the general street system.

(4) Auxiliary turn lanes shall be installed according to the criteria below.

(a) A left turn lane with storage length plus taper is required for any access with a projected peak hour left ingress turning volume greater than 25 vph. If the posted speed is greater than 40 mph, a deceleration lane and taper is required for any access with a projected peak hour left ingress turning volume greater than 10 vph. The taper length will be included within the deceleration length.

(b) A right turn lane with storage length plus taper is required for any access with a projected peak hour right ingress turning volume greater than 50 vph. If the posted speed is greater than 40 mph, a right turn deceleration lane and taper is required for any access with a projected peak hour right ingress turning volume greater than 25 vph. The taper length will be included within the deceleration length.

(c) The issuing authority or Department may require an auxiliary lane when it is specifically identified and documented that the lane is necessary to prevent or correct an operational or safety condition or as determined by subsection 3.5.

(d) An acceleration lane is generally not required except as may be determined by subsection 3.5.

(5) When an existing access meets the warrants for a traffic signal as defined in the M.U.T.C.D., and the location does not meet the requirements of this subsection, the access may be reconstructed to eliminate or reduce the traffic movements that cause the traffic signal warrant to be met, and the access brought into conformance with the criteria of this subsection. A raised median may be 3.12 Category NR-C - Non-Rural Arterial (1) This category is appropriate for use on non-rural highways that have the capacity for low to moderate travel speeds and relatively moderate volumes over medium and short travel distances providing for intercity, intracity and intercommunity travel needs. These routes are not of regional, state or national significance. This category is typically assigned where there is extensive established roadside development and street systems such as a ‘downtown’ area, making the assignment of a higher category unrealistic. This category provides a reasonable balance between direct access and mobility needs.

Access Granting Criteria including Category Related Access Location, Operation and Design Standards (2) When application is made, one access shall be granted to each parcel if it does not create a significant safety problem or significantly degrade operation. The access may operate as a fullmovement unsignalized access unless there is an established non-traversable median, or a safety or traffic operation problem is identified.

(3) Additional access shall be granted if the additional access would not knowingly cause a hardship to an adjacent property or interfere with the location, planning, and operation of the general street system, and would be in compliance with Code design standards, and the applicant establishes that an additional access is necessary for the safe and efficient use of the property. Where the property abuts or has primary access to a lesser function road or an internal street system or by way of dedicated rights-of-way or easements, any access to the state highway shall be considered as an additional access.

(4) Auxiliary turn lanes shall be installed according to the criteria below.

(a) A left turn lane with storage length plus taper length is required for any access with a projected peak hour left ingress turning volume greater than 25 vph. If the posted speed is greater than 40 mph, a deceleration lane and taper is required for any access with a projected peak hour left ingress turning volume greater than 10 vph. The taper length will be included within the deceleration length.

(b) A right turn lane with storage length plus taper length is required for any access with a projected peak hour right ingress turning volume greater than 50 vph. If the posted speed is greater than 40 mph, a right turn deceleration lane and taper is required for any access with a projected peak hour right ingress turning volume greater than 25 vph. The taper length will be included within the deceleration length.

(c) The issuing authority or Department may require an auxiliary lane when it is specifically identified and documented that the lane is necessary to prevent or correct an operational or safety condition, or as determined by section 3.5.

(5) For residential property, if the property abuts or has primary access to a lower classification street or road by way of an internal street or road system or dedicated rights-of-way or easements, any driveway to the state highway shall be considered as an additional access.

(6) When a proposed access would meet the warrants for a traffic signal as defined in the M.U.T.C.D., and the location does not meet the requirements of this subsection, the access may be reconstructed to eliminate or reduce the traffic movements that cause the traffic signal warrant to be met, and the access brought into conformance with the criteria of this subsection. A raised median may be required.

(7) Minimum spacing between traffic signals shall be that which is necessary for the safe operation, capacity, and proper design of the signal and adjacent accesses. The location shall be consistent with current signal progression efficiency and cause no degradation. Preference in traffic signal location, timing and operation shall be given to highways and cross streets of a higher access category or function. No traffic signal shall be authorized without the completion of an analysis of traffic signal system operation, design, and safety as well as meeting M.U.T.C.D. signal warrants. 3.13 Category F-R - Frontage Road (1) Category F-R shall be assigned only to roadways that are designated as frontage or service roads where there is no intended purpose of providing for long distance traffic movements. Category F- R may be assigned for high speed rural frontage roads. Access needs will take priority over through traffic movements without compromising the public health, welfare, or safety. Providing reasonable and safe access to abutting property is the primary purpose of this access category.

At the request of the local authority, the Commission may in accordance with subsection 2.2, assign any frontage or service road to a higher access category when desirable to meet local transportation plans and needs.

Access Granting Criteria including Category Related Access Location, Operation and Design (2) When application is made, one access shall be granted to each parcel if it does not create a significant safety problem or significantly degrade operation. The access may operate as a fullmovement unsignalized access unless there is an established restrictive median, or a safety or operations problem is identified. The location shall also be consistent with current signal progression efficiency and cause no degradation (3) Additional access will be granted if the additional access would not knowingly cause a hardship to an adjacent property or interfere with the location, planning, and operation of the general street system, and would be in compliance with Code design standards. Additional access will be granted if the size or trip generation potential of the parcel of land requires additional access to maintain good design.

(4) Auxiliary turn lanes shall be installed on category F-R roadways according to the criteria below:

(a) A left turn lane with storage length plus taper length is required for any access with a projected peak hour left ingress turning volume greater than 25 vph. If the posted speed is greater than 40 mph, a deceleration lane and taper is required for any access with a projected peak hour left ingress turning volume greater than 10 vph. The taper length will be included within the deceleration length.

(b) A right turn lane with storage length plus taper length is required for any access with a projected peak hour right ingress turning volume greater than 50 vph. If the posted speed is greater than 40 mph, a right turn deceleration lane with taper is required for any access with a projected peak hour right ingress turning volume greater than 25 vph. The taper length will be included within the deceleration length.

(c) A right turn acceleration lane with taper is required for any access with a projected peak hour right turning volume greater than 50 vph when the posted speed on the highway is greater than 40 mph and the highway has only one lane for through traffic in the direction of the right turn. A right turn acceleration lane is not required on multi-lane highways of this category. The taper length will be included within the required acceleration length.

(d) A left turn acceleration lane with transition taper may be required if it would be a benefit to the safety and operation of the roadway or as determined by subsection 3.5. A left turn acceleration lane is generally not required where: the posted speed is less than 45 mph, or the intersection is signalized, or the acceleration lane would interfere with the left turn ingress movements to any other access.

(5) Where the end of the frontage road will proceed directly into the property or public way, auxiliary lanes may not be necessary. If the frontage road proceeds into private property, the applicant may be required to provide a cul-de-sac or similar design function that will provide for the safe and convenient u-turns of vehicles within public right-of-way.

(6) Minimum spacing between traffic signals shall be that which is necessary for the safe operation, capacity, and proper design of the signal and adjacent accesses. Preference in traffic signal location, timing and operation shall be given to highways and cross streets of a higher access category or function. No traffic signal shall be authorized without the completion of an analysis of traffic signal system operation, design, and safety as well as meeting M.U.T.C.D. signal warrants.

Section Four Design Standards and Specifications 4.1 Purpose (1) The Department has developed the following design and construction standards and specifications for application in Code decisions to protect the public health, safety, and welfare; maintain smooth traffic flow; maintain highway right-of-way drainage; and protect the functional level of public highways. 4.2 Use of Section Four (1) If the issuing authority determines that an application for access meets the requirements of Section Three, Section Four shall be used to precisely locate, design and construct the access within the criteria set forth in Section Three. When a local government is the issuing authority and it has established by ordinance or resolution more stringent design standards than required in this

section, the local standards may govern where applied by the local authority and is determined acceptable to the Department. All construction materials, techniques and processes shall be in conformance with the specifications on the permit, and shall not be inconsistent with Department standard specifications for road construction. A proposal for access may not presume a lower posted speed limit than currently posted or request a lower speed limit in order to accommodate the access unless specifically directed in writing by the Department.

(2) If an access application meets Section Three criteria and is unable to comply with Section Four criteria, the access permit should be denied unless a design waiver is authorized pursuant to

Section Four. When the access permit has been issued and later design development does not meet Section Four, then the Notice to Proceed cannot be issued unless a design waiver is approved.

(3) This section relies on general design techniques. The use of more exact geometric engineering standards and methods is permissible provided the design meets Code purposes, does not violate Code standards, and is based upon desirable nationally accepted standards and is determined acceptable to the Department.

(4) Speed, as used in this section, refers to the posted legal speed limit at the access location at the time of permit approval except as adjusted by 4.8(1)(e). A higher speed for access design shall be used if the section of highway is presently being redesigned or reconstructed to a higher speed or an approved access control plan requires a higher speed. Where a traffic signal will be installed as part of the access construction, the access design and the anticipated posted speed limit after signal installation may be used for the overall access design at the discretion of the Department.

(6) When determining the distance between accesses, the point of tangency shall be used where a radius is present, or the beginning of the curb cut. More complex accesses including ramp connections shall be measured from the beginning of the radii along the state roadway or between 2 points determined by the Department. 4.3 Sight Distance (1) Permits shall not be issued that include any design element or allow any turning movements where the sight distance is not adequate to allow the safe movement of a motorist using or passing the access. The permittee shall maintain adequate, unobstructed sight distance in both directions from the access. This sight distance shall be the distance necessary according to the posted speed of the highway using the tables below. Any potentially obstructing objects such as but not limited to advertising signs, structures, trees, and bushes, shall be designed, placed and maintained at a height not to interfere with the sight distance needed by any vehicle using the access. Reconstruction of the horizontal and vertical curvature along the roadway and side slopes adjacent to the roadway may be necessary to increase sight distances to meet the requirements of tables 4-1 and 4-2.

(2) Sight Distance Along Highway.

(a) Table 4 - 1 shall be used to determine the required horizontal and vertical sight distance necessary as measured from the vehicle traveling on the highway to the access. The design sight distance figures shall be used unless a design waiver is issued in accordance with section 4.12. However, in no case shall the sight distance used be less than the minimum sight distance set forth in table 4-1 and adjusted for grade as required by table 4-4.

Table 4 - 1 Sight Distance Along Highway Posted speed in MPH 25 30 35 40 45 50 55 60 65 70 Design sight distance (in feet) 150 200 250 325 400 475 550 650 725 850 Minimum sight distance (in feet) 150 200 225 275 325 400 450 525 550 625 (b) For calculating table 4 - 1, sight distance at the proposed access location, a height of 3.5 feet shall be used for the driver's eyes of a vehicle on the highway approaching the access location. The driver's eyes shall be assumed to be at the centerline of the inside lane (inside with respect to the curve) for measurement purposes. A height of 4.25 feet shall be used for a vehicle assumed to be on the centerline of the access five feet back from the edge of the roadway.

(c) The lengths shown in table 4-1 shall be adjusted for any grade of three percent or greater using the figures set forth in table 4 - 4. Grade is the ratio of the change in elevation to the length of slope. Multiply the length required in table 4-1 by the appropriate factor in table 4-4.

(3) Entering Sight Distance (a) In addition to the sight distance necessary in accordance with section 4-3(2), it is also necessary to provide the entering vehicle adequate sight distance in order to enter or cross the highway. Table 4-2 shall be used to establish the minimum sight distance necessary for the entering vehicle. These lengths shall be adjusted for any grade of three percent or greater using table 4-4. The vehicle used to determine the entering sight distance necessary shall be selected from table 4-3.

(b) For calculating table 4-2 sight distance, a height of 3.5 feet shall be used for the driver's eyes at the access location and a height of 4.25 feet for the oncoming vehicle. The entering driver's eyes shall be assumed to be 10 feet back from the edge of the roadway.

(c) If there is no median or if the median is too narrow to safely store a left turning or crossing vehicle, a 20 foot minimum is necessary for passenger cars, both directions shall be considered from the access location. If the median can safely store the turning or crossing vehicle, then the sight distance shall be calculated assuming a two stop condition. The vehicle shall be assumed to stop once at the outside edge of the outside lane and again within the median. Each one-way roadway direction shall be considered separately.

Table 4 - 2: Entering Sight Distance (in feet)

Vehicle expected to enter or cross highway as determined from table 4-3 Posted Speed of Roadway in MPH 25 30 35 40 45 50 55 60 65 70 Two Lane Roadway 250 300 350 400 450 500 550 600 650 700 325 390 455 520 585 650 715 780 845 910 Multi-Unit Trucks 425 510 595 680 765 850 935 1020 1105 1190 Four Lane Roadway 300 360 420 480 540 600 660 720 780 840 375 450 525 600 675 750 825 900 975 1050 Multi-Unit Trucks 500 600 700 800 900 1000 1100 1200 1300 1400 Six Lane Roadway 325 390 455 520 585 650 715 780 845 910 425 510 595 680 765 850 935 1020 1105 1190 Multi-Unit Trucks 525 630 735 840 945 1050 1155 1260 1365 1470 Table 4 - 3: Design Vehicle Selection Land Use(s) Served by Access Design Vehicle(s) to be Used for Sight Distance Calculations for table 4 - 2 Residential (a non-school bus route) Passenger Cars, Pickup Trucks If access is a part of any school bus route regardless of land use No less than Single Unit Trucks Office Single Unit Trucks Recreational Single Unit Trucks Commercial/Retail Multi-Unit Trucks* Industrial Multi-Unit Trucks* Municipal Streets & County Roads Multi-Unit Trucks* Agricultural Field Approaches, < 1 per day Single Unit Trucks *If less than 2 multi-unit truck trips per day (average), use single-unit truck Table 4 - 4: Stopping and Deceleration Adjustment Factors for Highway Grade 3% to 4.9% Upgrade, Use 0.9 3% to 4.9% Downgrade, Use 1.2 5% to 7% Upgrade, Use 0.8 5% to 7% Downgrade, Use 1.35 4.4 Access Spacing (1) When access is allowed in accordance with Section Three of the Code, each access should be separated at a minimum by a distance equal to the design sight distance values in table 4 - 1.

When speed change lanes are present, or will be needed in the future, it is desirable that the accesses be separated by a sufficient distance so that the speed change lanes including transition tapers do not overlap or an equivalent distance if speed change lanes are not yet built.

Access should not be permitted within an auxiliary lane, taper or ramp. 4.5 Access Width (1) Access width is the actual traveled portion of the access as it extends away from the roadway. Access width for any type access without curbs shall be measured exclusive of the radii or flares. Width of an access with a curb return entrance and driveways with curb cuts, shall be measured exclusive of the flared sections, transitions, curb and gutter. The width of any non-traversable median is not counted as part of the access width. In measuring access width, only the travel portion of the access is measured.

(2) Sixteen to 30 feet of width shall be used for any two-way access when the single unit vehicle peak hour volume does not exceed five except as noted in subsection 4.5(3).

(3) Twenty-five to 40 feet of width shall be provided for any two-way access when any one or more of the following apply to the access:

(a) Peak hour vehicle volume of the access exceeds five.

(b) Multi-unit vehicles are intended to use the access.

(c) Single unit vehicles in excess of 30 feet in length will use the access.

(d) Special vehicles using the access exceed 16 feet in width.

(4) A one-way access shall have a width of 16 feet to 18 feet. If two one-way approaches (one-way in, one-way out) are adjacent to each other, they shall be divided by a non-traversable median of at least four feet but no more than 25 feet wide and treated as one access. The access median shall be signed and clearly visible.

(5) When a public street, road, highway or any access intended to become a public way intersects with a state highway, the long term traffic projections and consideration of the modal use of the public way shall be used to select an appropriate access width, subject to the approval of the Department. It is recommended that no two-way public roadway access in excess of 10 D.H.V. be less than 36 feet in width at the intersection exclusive of the radii.

(6) Where a private access will have high traffic volumes, the access may be designed with curb returns and at a width and design sufficient to accommodate the traffic volumes as determined by the issuing authority subject to approval of the Department. 4.6 Access Radii (1) Except for curb cuts, accesses shall have 20 foot radii unless criteria below requires otherwise.

(2) The equivalent turning radii of the access shall accommodate the turning radius of the largest vehicle using the access on a daily basis. Where paved shoulders are present, the radius is measured to the edge of the closest lane. Where roadway shoulders are not present, field and residential accesses should have 25 foot radii.

(3) For any access where multi-unit vehicles, or single unit vehicles exceeding 30 feet in length, are intended to use the access on a daily basis, the radii of the access should be determined using the minimum turning path for the larger vehicle. It is desirable to use equivalent three-centered compound curves or spiral curves rather than simple radii when designing for larger vehicles. The curves used should ensure safe turning movements without encroachment onto other highway travel lanes.

(4) If the frequency of multi-unit vehicles or single unit vehicles over 30 feet in length is such that two such vehicles may be reasonably anticipated to use the access at the same time, one entering and one exiting, radii should be adequate to accommodate both vehicles with no turning conflicts and without undue slowing.

(5) Where curbs are present, a curb cut style driveway will normally be required. Radius curb returns may be used when determined to be necessary, are not inconsistent with existing or planned conditions, and acceptable to the local authority. The issuing authority or Department shall determine if a curb cut or radius curb returns are required in accordance with existing or planned conditions.

(6) When a public street, road, or highway or any access intended to become a public way intersects with a state highway, the design criteria of the local government and the Department shall be used to select appropriate radii, corner and intersection design, subject to approval by the Department.

The final design should not be less than the minimums contained in the Code.

(7) Where there are numerous accesses, such as along an established municipal street or road, it may be desirable to reduce the radii in order to improve visual and physical separation of accesses.

Where feasible or required by the Code, access should be combined or closed to reduce the frequency of accesses and increase the spacing between accesses.

(8) To minimize pedestrian conflict and total access width at the roadway edge, radii shall not be constructed larger than required to accommodate the volume and types of vehicles using the access on a regular basis.

(9) Where access channelization islands are installed, a 70 foot radius may be required for the channel lane. Traffic islands should be 100 square feet in size or larger. The minimum size without a waiver is 50 square feet. All islands must have tapered offsets beginning at 6 feet at the approach nose and tapering to 3 feet, or as approved by the Department, from the edge of the highway traveled way to face of curb. 4.7 Access Surfacing (1) Surfacing material may include approved grades of gravel, concrete pavement, and bituminous pavement. Hard surfacing includes either concrete or bituminous pavements. Roadway and access surfacing treatments shall conform to Department or local authority adopted specifications which ever is greater.

(2) The access shall be surfaced upon completion of earthwork construction and prior to being used. At locations where new hard surface pavement is to abut existing pavement, the existing pavement shall be saw cut and removed a minimum of one foot back from the existing edge for bituminous, or until an acceptable existing cross slope is achieved. A delay in installation of hot bituminous pavement due to seasonal restrictions may be allowed provided adequate temporary gravel surfacing is substituted.

(3) The access shall be surfaced at least from the highway roadway to the right-of-way line. Any access with greater than 5 AADT shall have a hard surface pavement for a minimum distance of 4 feet from the traveled way. Any access with greater than 20 AADT shall have a hard surface pavement for a minimum distance of 20 feet from the traveled way. Any access with greater than 100 AADT shall have a hard surface pavement for a minimum distance of 50 feet from the traveled way. Any access requiring a turn lane shall have a hard surface pavement for a minimum distance of 50 feet from the traveled way.

(4) Surfacing material and depth shall be specified and installed according to the Department's standard design specifications and the conditions and future use of the access and the highway. Aggregate base course Class 6 or equivalent may be permitted for individual residential access or field entrances where conditions allow, and where curbs are not required.

(5) Off roadway surfacing improvements shall not be allowed within the highway right-of-way unless approved by the Department and a concrete curb or other physical separator such as a drainage ditch is constructed and maintained to limit access movements to permitted locations.

(6) A two inch overlay of the entire width of the roadway may be required when determined by the Department to be necessary. The Department will look at the current condition of the roadway and the additional impacts to surface quality and roadway strength given the access impacts, where through lanes are redirected, where restripping is necessary, where the centerline of the roadway is shifted, where it is necessary to reset the high point in the roadway cross section that determines the direction of surface drainage, or to allow for the regrade of the surface to meet surface drainage requirements. 4.8 Speed Change Lanes (1) General Criteria for Speed Change Lanes (a) The warrants and elements for the construction of speed change lanes is set forth in Section Three.

When speed change lanes are required, they shall be constructed in accordance with this subsection and other applicable parts of Section Four.

(b) When public safety so requires due to site specific conditions, such as sight distance, a turn lane may be required even though the criteria in Section Three are not met.

(c) Where there are three or more through lanes in the direction of travel, the Department shall not require a right turn acceleration and or deceleration lane unless it is determined to be necessary due to high traffic volumes or when a significant roadway capacity, operational or geometric safety problem will exist. Each case shall be reviewed independently and a decision made based upon site specific conditions. Strong consideration shall be given to the opinion of the local municipality and their concerns regarding the anticipated and desirable future cross section of the highway.

(d) Where two accesses have speed change lanes that overlap, or the ending points of the speed change lanes have less than 300 feet or one-half their length of separation (whichever is shorter) and a significant structure or topographical feature does not preclude widening, a continuous auxiliary lane shall be established between the accesses to improve roadway consistency, safety, and to maintain edge of pavement continuity.

(e) If the design of the access is within two different speed zones, the design of a speed change lane shall be based upon the applicable speed limit. Generally, the entering posted speed is used for the deceleration lane, and the posted speed at the end of the acceleration lane is applicable.

(f) Where there are higher left turning volumes, safety or traffic operations necessitate, a double left turn may be required.

(g) A speed change lane for acceleration and merging onto travel lanes should be parallel and immediately adjacent to the traveled way for its entire acceleration and transition taper length.

Where the acceleration length is not parallel to the traveled way, there shall be a parallel full width auxiliary lane based upon posted speed. The parallel length should be no shorter than a standard calculated merge distance.

(h) If restrictive topography allows only one auxiliary lane, normally a left turn deceleration lane is given first priority. Where a left turn is installed and or the travel lanes redirected, an overlay of pavement may be required by section 4.7.

(2) Necessary Components Determining Speed Change Lane Length (a) The components of an auxiliary turn lane consists of transition taper, full width auxiliary lane, and storage length. The use of these three components varies according to the assigned access category and to some extent, site specific conditions. Table 4 - 5 summarizes the components of speed change lanes when such lanes are required by the category standards. Read the category requirements and subsection 3.5 to determine if any speed change lanes are required. Table 4 - 5 is provided to be used in conjunction with table 4 - 6.

Table 4 - 5: Components of Speed Change Lane Length Access Category Left turn deceleration lane Right turn deceleration lane Acceleration lane F-W Design must meet federal interstate standards, and no less then E-X E-X taper + decel.length+storage taper + decel. length accel.length + taper R-A * decel. length + storage * decel. length * accel. length R-B * decel. length + storage * decel. length * accel. length NR-A * decel. length + storage * decel. length * accel. length NR-B taper + storage taper + storage * accel. length NR-B >40mph * decel. length * decel. length * accel. length NR-C taper + storage taper + storage * accel. length NR-C >40mph * decel. length * decel. length * accel. length F-R taper + storage taper + storage * accel. length F-R >40mph * decel. length * decel. length * accel. length * Taper length is included within stated accel. or decel. length.

(b) To determine the required acceleration, deceleration lane and transition taper length in table 4-5, use the criteria provided in table 4 - 6.

Table 4 - 6: Design Criteria for Acceleration and Deceleration Lanes Posted Speed Limit in MPH 25 30 35 40 45 50 55 60 65 70 Deceleration Length in feet 180 250 310 370 435 500 600 700 800 900 Acceleration Length in feet N/A 190 270 380 550 760 960 1170 1380 1590 Transition Taper Ratio 7.5:1 8:1 10:1 12:1 13.5:1 15:1 18.5:1 25:1 25:1 25:1 (c) Deceleration lengths shown in table 4-6, shall be adjusted for any grade of three percent or more using the factors shown in table 4-4. Acceleration lengths shown in table 4-6, shall be adjusted for any grade of three percent or more using the factors shown in table 4-7. Where only the transition taper and storage length is provided, the length of the lane including transition taper shall be adjusted for grade using tables 4-4 and 4-7.

(d) When physical or legal constraints necessitate reducing part of the deceleration length, the transition taper length will be reduced first, then the deceleration length. This minimum design criterion shall be used without waiver approval only on highways posted below 45 MPH when, (1) the requirements of table 4 - 6 are not feasible, and (2) the access category is not a F-W or E-X, or (3) the highway has in that section, four or more intersections per mile per side, and there is heightened driver expectancy of vehicle speed changes, turning movements and weaving movements along that section of highway. If the above reduction criteria are not sufficient for shortening of the length due to the constraint, then any necessary additional shortening of the lane can only be done by the design waiver procedure.

Table 4 - 7: Grade Adjustment Factors For Acceleration Lanes Posted Speed MPH 25 to 45 50 55 60 65 70 3 to 4.9% Upgrade 1.3 1.4 1.5 1.5 1.7 1.8 5 to 7% Upgrade 1.5 1.8 2.0 2.3 2.5 3.0 3 to 4.9% Downgrade 0.7 0.65 0.65 0.6 0.6 0.6 5 to 7% Downgrade 0.6 0.55 0.55 0.5 0.5 0.5 (e) Where noted by table 4 - 5, or the auxiliary lane requirements of the category description in Section Three, speed change lane storage lengths shall be included in the design as provided in table 4- 8.

Table 4 - 8: Storage Lengths Turning Vehicles Per Peak Hour below 30 30 60 100 200 300 Required Lane Length in Feet 25 40 50 100 200 300 (f) Table 4-8 is based on automobile lengths. To allow for the impact of larger trucks, buses and recreational vehicles, “passenger car equivalents” shall be determined. Use a passenger car equivalent of 3 for each bus and all trucks and combinations of 40 feet in length or longer. Use a passenger car equivalent of 2 for each vehicle or combination at or over 20 feet in length but less than 40 feet.

(3) Speed Change Lane Width (a) Speed change lanes shall normally be 12 feet wide exclusive of gutter pan or shoulder. If existing through travel lanes are less than 12 feet wide and if local government standards concur, an 11 foot width may be used. Where necessary, a minimum of 10 feet of width is allowable on highways with a posted speed of less than 45 MPH and less than 10 percent trucks. Speed change lanes should be a minimum of 11 feet wide on highways with a posted speed above 40 MPH, or where percentage of large trucks using the lane exceeds 9 percent.

(4) Shoulder Width Along Speed Change Lanes Where Curbs are not Present (a) When necessary to redirect the traveled way or install a speed change lane, a paved shoulder adjacent to the lane shall be provided where no curb and gutter is present.

(b) Shoulders adjacent to the traveled way should be a minimum of six feet in width but no less than the width of the current shoulder. Shoulders adjacent to the traveled way should not be less than 10 feet in width on any highway designated as part of the National Highway System.

(c) Shoulders adjacent to a speed change lane shall be four feet in width.

(5) Taper Designs (a) The length of the transition taper for the auxiliary lane shall be determined according to the values given in table 4 - 6, which are the ratio of transition taper length to speed change lane width. The length of a transition taper is calculated by multiplying the width of the speed change lane by the ratio value associated with the posted speed in table 4 - 6. A 25 MPH zone and a 12 foot wide speed change lane at a 7.5:1 ratio, requires a 90 foot transition taper. The beginning and ending point of all tapers shall be rounded.

(b) It is recommended that bay tapers be used (asymmetrical reverse curves) for deceleration transition tapers and that straight transition tapers be avoided at speeds above 40, and where a vertical cresting, or horizontal curve is present, substituting an immediate bay taper and auxiliary lane striping to reduce drifting of the through vehicles into the deceleration lane. Where horizontal or crest vertical curves exist, the Department may require the deceleration transition taper to begin with an immediate asymmetrical reverse curve bay taper of 1/3L then 2/3L with the remaining required transition taper length at full lane width.

(c) Partial tangent transition tapers, symmetrical reverse curve tapers, or asymmetrical reverse curve tapers may be used for transition taper design provided a radius of at least 150 feet is used in curve calculations.

(d) Where it is necessary to establish a left turn lane or median island, or otherwise redirect the vehicles on the traveled way, redirect tapers required for redirecting through travel lanes shall be installed according to table 4 - 9. If the use of table 4 - 9 would create a horizontal curve design deficiency for the through movement, the horizontal curve shall be corrected in addition to the use of redirect tapers. A redirect taper should normally be a straight taper with the beginning and ending points rounded.

Table 4 - 9: Redirect Tapers for Through Lanes Posted Speed in MPH 30 or less 35 40 45 50 55 60 65 70 Straight Taper Ratio 15:1 20:1 30:1 45:1 50:1 55:1 60:1 65:1 70:1 (6) Median Design for Turn Lane Installation (a) Where a single left turn lane is necessary, a median area of 16 feet shall be provided. The median area will normally consist of a 12 foot turn lane and a 4 foot painted separator. Where a median area does not exist or where the painted median area is less than 16 feet in width and a left turn lane is required, the roadway shall be widened sufficiently in order to provide a median of at least 16 feet in width to accommodate the left turn lane. If a barrier median is necessary, the median area should consist of a 12 foot lane exclusive of gutter, and a minimum 6 foot raised median divider. Existing raised or other non-traversable medians shall not have new openings unless a study analyzing all related traffic and safety issues is completed to the satisfaction of the Department and the Department issues a written determination why the median opening is acceptable.

(b) Where there is a median of 16 feet or greater in width, the existing width may be used. Where the existing median is a non-traversable barrier design, any new median construction shall also be of similar barrier design unless otherwise instructed by the Department. These design features may be modified at the discretion of the Department where physical constraints, curbs, sidewalks, structures, and lack of available right-of-way restricts installation.

(c) Where it is necessary to widen a highway for a median and public right-of-way is made available, the highway should be widened equally on both sides in order to maintain the existing highway centerline alignment. 4.9 Other Design Elements (1) When an access permit requires the horizontal or vertical realignment of travel lanes, the design of the roadway horizontal and vertical curves, superelevations, transitions, and related specifications, should be those necessary to meet the posted speed or advisory speed of the highway or the desirable overall design speed of the existing highway, or current design standards, whichever is reasonable given safety considerations, topography and costs. The design of the other elements of the highway shall be no less than the current highway design unless specifically directed by other sections of the Code.

(2) For all curb cuts, the vertical curve from the traveled way into the access shall be the flattest curve that can be obtained. To prevent the center or overhang drag of a vehicle, with some allowance for vehicle load and bounce, crest vertical curves should not exceed a four inch hump in a 10-foot chord and sag vertical curves should not exceed a four inch depression in a 10-foot chord. For any access that is not a curb cut, including streets and private access using curb returns, the first 20 feet beyond the closest highway lane, including speed change lanes or the distance to the side drain, whichever is greater, shall slope down and away from the highway at a two percent grade to ensure proper drainage control. Exceptions may be made where steep topography, such as a mountain, makes this requirement very difficult to fulfill. The approved design must protect the highway from drainage flows. Valley gutters are not recommended. Where super elevations are present due to horizontal curves, drainage adjustments may be necessary at Department approval.

(3) Within the right-of-way, maximum grades shall be limited to ten percent for low volume field and residential access. All other accesses shall be limited to a maximum of eight percent grade.

Lesser grades may be required for drainage control purposes. Use of the right-of-way for access purposes should not preclude future roadway use of the public rights-of-way. The length of the access within the right-of-way should be minimized. Any access horizontal or vertical curve should be minimized within the right-of-way so as not to interfere with the future use, widening, reconstruction, or realignment of the highway within the right-of-way.

(4) The horizontal axis of an access to the highway shall be at a right angle to the centerline of the highway and extend a minimum of 40 feet from the edge of the roadway or to the right-of-way line, whichever is greater. An angle between 90 and 60 degrees may be acceptable only if significant physical constraints require a skew angle less than 90 degrees and is approved by the issuing authority and the Department based upon site specific conditions. When horizontal curves are present, the issuing authority or Department may require a different access approach angle to improve entering sight distance.

(5) Access specifications shall ensure that the access is designed and constructed in a manner that will encourage proper use by the motorist. Access limited to right turns may be requested to have a positive barrier such as a non-traversable median to prevent unauthorized turns either on the roadway or using the access. Channelized driveway islands may be required for turn restricted driveways when the driveway volume is predicted to exceed 100 DHV, no restrictive center median is in place or programmed to be constructed or it is likely that there will be frequent violations of the turn restrictions. Channelized driveway islands are normally not required when the driveway volume is lower and it is unlikely that there will be frequent violations of the turn restrictions.

(6) An access that has a gate across it shall be designed so that the longest vehicle using it can clear the roadway when the gate is closed. If significant topographical features make this requirement infeasible, providing a wide shoulder for temporary standing while the gate is operated may be permitted or required.

(7) The access shall be designed to facilitate the movement of vehicles from the highway to prevent the queuing of vehicles on the roadway. An access shall not be approved for parking areas that require backing maneuvers within state highway rights-of-way. All off-street parking areas must include on-site maneuvering areas and aisles to permit user vehicles to enter and exit the site in forward drive without hesitation other than as directed by official traffic control devices. The issuing authority may request the review of the parking lot layout and provide those terms and conditions and those design requirements necessary to ensure the safe use of the access.

(8) Fill slopes and cut slopes shall be constructed either to (a) current Department minimum standards, or (b) to the slope of the existing highway near the access, whichever is determined appropriate by the Department and or the municipality if in an incorporated area. It is desirable that all side slopes have a slope of 6:1 for 12 feet. The minimum side slope template shall provide a 4:1 slope for six feet, and then not steeper than 3:1 unless physically restricted. Tighter slopes may be permitted when proven necessary and approved by the appropriate Department Region Transportation Director. Soil preparation including top soil, seeding and mulching is required within the highway right-of-way on all disturbed areas not surfaced, and, those areas beyond the highway that may erode and send debris into the highway right-of-way. The Department or local municipality will provide minimum seed mixes, types and rates of seeding and preparation. The applicant may use an alternative mix and landscape plan if approved by the Department or municipality.

(9) Access design shall provide for the safe and convenient movement of all highway right-of-way users and modes of transportation, including but not limited to pedestrians, bicyclists, transit and the physically challenged. Sidewalks may be required where deemed appropriate by the Department or when required by the local authority. Bike paths and a local commitment to maintain the facility, may be included in the access permit requirements upon request by the local authority.

(10) In the event it becomes necessary to remove any right-of-way fence, the posts on either side of the entrance shall be securely braced with an approved end post before the fence is cut to prevent any slacking of the remaining fence. All right-of-way fence posts and wire removed are Department property and shall be turned over to a representative of the Department. Installation or removal of any right-of-way fence by the permittee shall not be inconsistent with right-of-way fence law in section 35-46-111, C.R.S.

(11) Further details of access construction and design, including pavement thickness and specifications, curb design and specifications, roadway fill design and compaction, testing and inspection, and other specific details, may be provided by the Department.

(12) Installation of any traffic control device necessary for the safe and proper operation and control of the access shall be required by the permit at the cost of the permittee. Arrangements to share costs with other property owners and interests who will benefit from the devices may be made by the permittee or local authority. Where the access may warrant signalization in the future, phasing of the installation may be required. All traffic control devices within the highway or other public rightof-way or access that serve the general public shall conform to the M.U.T.C.D.

(13) Physical separation and delineation along a property frontage such as curb and gutter or fencing, may be required where necessary to ensure that access will be limited to permitted locations.

(14) Careful consideration shall be given to the roadside clear zone. The permittee shall provide adequate clear zone to the extent feasible. The access permit may require that roadway hazards in the clear zone, such as fixed objects or steep embankments, be removed, reconstructed or shielded by a proper barrier. In urban areas with speeds of 40 MPH or less and vertical barrier curbs, a clear zone of at least 18 inches minimum should be provided beyond the face of curb. Where there is no curb in urban and rural areas and the speed is 40 MPH or less, a minimum seven foot clear zone should be provided. At speeds of 45 MPH or greater, the clear zone will vary from eight to 50 feet according to AADT, travel speeds, roadway and roadside design. To the extent practicable, every attempt will be made to adhere to standard clear zone practices and guidelines.

(15) The permittee or contractor shall not disturb any survey monuments found in state highway right-ofway without specific Department authorization and direction. All costs associated with the relocation or reestablishing of a survey marker will be borne by the permittee. All survey procedures and minimum tolerances shall be in conformance with the Department Survey Manual and the “Manual of Instruction for the Survey of Public Lands of the United States” 1973, and

section 38-53-101 et seq, C.R.S. Monuments shall conform to Department standard M-629-1.

The equipment used in referencing or replacing monuments shall be able to produce the stated accuracies as specified by the owner of the monument. 4.10 Emergency access (1) An emergency access, when authorized in Section Three, shall have a minimum width to serve oneway traffic and may be less than 16 feet wide. The radii should be eliminated or reduced based upon the assumption that fire equipment may encroach on other travel lanes. The access profile can be individually designed without compromising drainage or vertical curve minimums.

Surfacing shall be chosen to minimize its visibility while still providing sufficient strength. The emergency access shall have a suitable barrier to eliminate non-emergency use and barrier design usually based upon the standards of the local emergency services. The access shall not be open for non-emergency uses and shall be maintained by the permittee as a closed access except during emergencies. Any barrier shall not be in the state highway right-of-way and will not be maintained by the Department. The access shall remain closed at all times other than when in use for emergency purposes. The access should be signed for emergency services only. 4.11 Drainage (1) Each access shall be constructed in a manner that shall not cause water to enter onto the roadway or shoulder, and shall not interfere with the existing drainage system on the right-of-way or any adopted municipal system and drainage plan. The highway drainage system is for the protection of the state highway right-of-way, structures and appurtenances. It is not designed or intended to serve the drainage requirements of abutting or other properties beyond undeveloped historical flow. Drainage to the state highway right-of-way shall not exceed the undeveloped historical rate of flow.

(2) The permittee shall provide, at their own expense, drainage structures for access which will become an integral part of the existing drainage system. The type, design, and condition of these structures shall meet the approval of the Department in unincorporated areas and the municipality and the Department in incorporated areas. Drainage pipe shall be a minimum of 18 inches in diameter or equivalent if not circular. Flared end sections or other protective end treatments may be required for culverts. Drainage structures under the access should extend beyond the access radius to accommodate flattened side slopes.

(3) Where hydrological studies have been completed, the drainage shall be designed to handle at least the 2 ½ year storm for an underground system and a five year storm for side drains but not less than the existing drainage system. On larger systems and developments, the effects of a 100 year flood event should be assessed. Where the specific topography of the access site makes it likely that flooding in the highway and overtopping of the roadway may occur, the drainage study shall consider and the design reflect the 25 year flood for rural two lane highways, 50 year flood for four lane highways, and 100 year flood in all urban areas. Cross drainage shall be consistent with Department hydrology designs.

(4) The use of controlled flow detention ponds shall be considered to control drainage flow from developed properties at or below historical flow rates. All drainage appurtenances required for detention and release shall be located and fully maintainable outside of the highway right-of-way.

When curb and gutter is required, the drainage ditch should be eliminated by installing a storm sewer system. If a cross-pan is necessary, it shall be at least 8 to 10 feet wide and 8 inches thick.

If a storm sewer system is available, it should be used, not a cross pan. All proposed drainage controls and designs require Department approval. The areas behind the curb and sidewalk shall have a down slope away from the roadway of at least one percent. 4.12 Design Waiver Procedures (1) If an applicant wishes to seek a waiver from the design standards of the Code, a request must be submitted as an attachment or addendum to a permit application form or provided with the request for the Notice to Proceed. Department Form No. 112 shall be used. The request for waiver shall state specific reasons why a waiver is necessary and appropriate and include documentation to support such reasons. The request shall address the waiver criteria of this subsection. Waivers cannot be issued for procedural requirements. Separate waiver requests may be necessary where several waivers are necessary and where the waivers may be approved in whole or in part.

(2) The applicant may supplement an application with a waiver request if the issuing authority determines that sufficient time remains in the review period to consider the waiver. If the issuing authority determines that it is in the public interest to do so, the issuing authority may supplement a permit application with a waiver.

(3) In consideration of a waiver request, the issuing authority and Department shall determine if, (a) absent approval of the waiver request, there is exceptional and undue hardship on the applicant, and (b) a waiver would meet acceptable standards of practice for engineering, operation and safety. A waiver may not be contrary to the public interest, shall consider the orderly development plan of the local government, shall consider the function of the highway, shall consider the general design practices of the Department, and is subject to and limited by the purposes of the Code as set forth in subsection 1.2.

(4) When a waiver is approved, the reasons for granting the waiver and references to the specific standards of practice shall be clearly stated in writing and included in the Department permit.

Restrictions on the use of the permit should be imposed as necessary to keep potential safety problems to a minimum. By the terms and conditions of the permit, the permittee may be required to improve, modify, eliminate, or correct the condition giving rise to the waiver when it becomes evident that the reason for the waiver no longer exists. If the waiver is approved and the remainder of the application is in order, meets remaining Code criteria, a permit shall be approved and the subsequent Notice to Proceed may be approved.

(5) If a waiver is granted to allow direct highway access where the access proposal cannot meet regular access Code standards, or when the property would be without reasonable access absent the waiver, the access permit may contain specific terms and conditions providing for its expiration at such time as the necessity for the waiver no longer exists.

(6) If the waiver request is denied, the issuing authority shall continue to process the permit application in a standard manner and may issue a permit if it can be approved without a waiver.

(7) The recommendations and actions of the Department regarding the waiver shall be in writing on form No. 112 with pertinent information attached and shall be included as part of the permit application files. Waiver approval may only be authorized by a licensed professional engineer. This may be the appropriate Department Regional Transportation Director, or her or his designee, or Chief Engineer. The Department may include in its action any special terms and conditions that shall be imposed on the permit if approved.

(8) If the waiver request was not approved at the Department's Regional level and if the applicant believes their request for waiver was not given the consideration it deserves, or believes the decision was not fair, the applicant may request a decision review by the Department's Access Review Committee. _________________________________________________________________________ Editor’s Notes

History

2 CCR 601-1 A State Highway Access Category Assignment Schedule {#sec-2-ccr-601-1-a omnilex-key=us-co-regs-official--department-21--2 CCR 601-1 A}

DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY ACCESS CATEGORY ASSIGNMENT SCHEDULE

2 CCR 601-1A [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Section One: Introduction 1.1 Authority

Section 43-2-147, C.R.S., authorizes the Colorado Department of Transportation (“CDOT” or “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”). 1.2 Purpose

Section Three of the Access Code provides an access control classification system. There are eight (8) separate categories. The State Highway Access Category Assignment Schedule (“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 Commission is promulgating rules in response to requests received from local governments and CDOT related to the Schedule. 1.3 Category FR - Frontage Roads

Section Two of the Schedule contains the category assignments for all sections of highways specifically assigned by the Commission. By this Schedule, all state highway frontage roads (includes service roads) are assigned category FR, except for those segments specifically listed in Section Two as requested by the local authority in accordance with Access Code subsection 3.13(1). 1.4 How to Read Section Two (A) The following explanations are given to clarify the column headings in Section Two. They are abbreviated to conserve space.

(B) “Highway” means the state highway number for that line of data. The highway number appears first, followed by a letter of the alphabet. The letter designates particular sections of the highway for administrative and record tracking purposes.

(C) “Beg_MP” means the beginning milepoint. The number is the beginning location of a specific access category segment. Distances from a mile marker sign or known milepoint location to an access location are always measured from the lower mile marker or known milepoint location, in the direction towards the higher mile marker.

(D) “End_MP” means the ending milepoint. The number is the ending location of a specific access category segment.

(E) “CO” means the county in which the segment is located. The counties are numbered. The table below provides the cross-reference between the number and the county name.

(F) “CAT” means the assigned access category. To determine what the Category means, refer to the State Highway Access Code, Section 3.

(G) “Physical Description of the Category Segment” means the physical landmarks at the beginning and ending boundaries of a category segment. 1.5 Colorado county codes for the “CO” data column in Section Two 001 Adams 031 Denver 063 Kit Carson 095 Phillips 003 Alamosa 033 Dolores 065 Lake 097 Pitkin 005 Arapahoe 035 Douglas 067 La Plata 099 Prowers 007 Archuleta 037 Eagle 069 Larimer 101 Pueblo 009 Baca 039 Elbert 071 Las Animas 103 Rio Blanco 011 Bent 041 El Paso 073 Lincoln 105 Rio Grande 013 Boulder 043 Fremont 075 Logan 107 Routt 014 Broomfield 045 Garfield 077 Mesa 109 Saguache 015 Chaffee 047 Gilpin 079 Mineral 111 San Juan 017 Cheyenne 049 Grand 081 Moffat 113 San Miguel 019 Clear Creek 051 Gunnison 083 Montezuma 115 Sedgwick 021 Conejos 053 Hinsdale 085 Montrose 117 Summit 023 Costilla 055 Huerfano 087 Morgan 119 Teller 025 Crowley 057 Jackson 089 Otero 121 Washington 027 Custer 059 Jefferson 091 Ouray 123 Weld 029 Delta 061 Kiowa 093 Park 125 Yuma 1.6 Revisions (A) 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 Commission. This may cause some confusion in reading the Schedule at certain highway locations where these administrative changes have occurred. Contact the nearest Department Region office for further information or for any needed clarification. 1.7 Overview of the Access Category Classification Nomenclature Table of access categories, with approximate descriptions F-W Interstate System, Freeway Facilities E-X Expressway, Major Bypass Rural Non-Rural R-A Regional Highway NR-A Regional Highway R-B Rural Highway NR-B Arterial NR-C Arterial.

F-R Frontage Roads (both urban and rural) F-R Frontage Roads (both urban and rural)

Section Two: Access STATE HIGHWAY ACCESS CATEGORY ASSIGNMENT SCHEDULE SECTION TWO, ACCESS –

PART 1 OF 5

001A 0.000 9.157 069 RB FROM JCT SH 287 (COLLEGE AVE) IN

FORT COLLINS TO 2ND ST IN

WELLINGTON

001A 9.157 9.405 069 NRA FROM 2ND ST TO 1ST ST IN

WELLINGTON

001A 9.405 10.053 069 NRB FROM 1ST ST IN WELLINGTON TO I-25

INTERCHANGE, END SH 1A

002A 0.000 2.146 031 NRB FROM JCT SH 285 (HAMPDEN AVE),

ALONG COLO BLVD, TO I-25

INTERCHANGE IN DENVER

002A 2.146 4.468 031 NRB FROM I-25 INTERCHANGE TO JCT SH 83

(LEETSDALE DR)

002A 4.468 6.000 031 NRB FROM JCT SH 83 (LEETSDALE DR),

ALONG COLO BLVD TO JCT SH 40

(COLFAX AVE) IN DENVER

002A 6.000 8.774 031 NRB FROM JCT SH 40 (COLFAX AVE) TO JCT I-

70 INTERCHANGE IN DENVER

002A 8.774 9.587 031 NRB FROM I-70 INTERCHANGE TO SH 6

INTERCHANGE (VASQUEZ BLVD)

002A 9.587 9.842 001 EX FROM JCT SH 6 (VASQUEZ BLVD) TO JCT

SH 6 (VASQUEZ BLVD) AT

ADAMS/DENVER CO LINE, END SH 2A

002D 19.506 19.944 001 NRA FROM 1060 FEET NORTH OF POTOMAC

ST TO I-76 WESTBOUND EXIT RAMP

003A 0.000 2.444 067 NRB FROM JCT SH 160 AT MP 86.603 IN

DURANGO TO JCT SH 160 (GATEWAY-

SANTA RITA INTERSECTION) IN

DURANGO, END SH-3A

005A 0.000 14.894 019 RA FROM JCT SH 103 (ECHO LAKE) TO

SUMMIT OF MT EVANS, END SH 5A

006A 11.08 15.449 077 RA FROM I-70 INTERCHANGE (MACK) TO JCT

SH 139 (LOMA)

006A 15.449 19.210 077 RA FROM JCT SH 139 (LOMA) TO K.00 RD

006A 19.210 19.955 077 NRB FROM K.00 RD TO JCT SH 340 (ASPEN

ST) IN FRUITA

006A 19.955 21.261 077 NRB FROM SH 340 (ASPEN ST) TO PINE ST IN

FRUITA

006A 21.261 25.772 077 RA FROM PINE ST IN FRUITA TO PERSIGO

WASH STR H-02-D

006A 25.772 26.08 077 NRA FROM PERSIGO WASH STR H-02-D TO I-

70 INTERCHANGE, END SH 6A

006B 30.123 30.407 077 NRA FROM I-70 GRAND JUNCTION BUS LOOP

INTERCHANGE TO THE RAMP ON IN

006B 30.407 33.753 077 NRB FROM THE RAMP ON TO MORNING

GLORY LANE IN GRAND JUNCTION

006B 33.753 34.535 077 NRA FROM MORNING GLORY LANE TO JCT I-

70 GRAND JUNCTION BUS LOOP, END SH 6B

006C 37.161 39.229 077 NRB FROM JCT I-70 GRAND JCT BUS LOOP TO

34.00 RD

006C 39.229 42.894 077 RA FROM 34.00 RD TO 333 FEET WEST

FROM IOWA AVE IN PALISADE

006C 42.894 43.212 077 NRA FROM 333 FEET WEST FROM IOWA AVE

TO MAIN ST IN PALISADE

006C 43.212 43.257 077 NRB FROM MAIN ST TO COLORADO RIVER

STR H-03-E IN PALISADE

006C 43.257 46.058 077 RA FROM COLORADO RIVER STR H-03-E TO

I-70 INTERCHANGE, END SH 6C

006D 92.275 98.659 045 RA FROM 405 FEET EAST OF WHITE AVE TO

FIRST ST IN SILT

006D 98.659 99.232 045 NRB FROM FIRST ST IN SILT TO JCT I-70 SILT

BUS SPUR

006D 99.232 105.000 045 RA FROM JCT I-70 SILT BUS SPUR TO 4219

FEET WEST FROM ELK CREEK STR F-06-

A 006D 105.000 105.799 045 RB FROM 4219 FEET WEST FROM ELK

CREEK STR F-06-A TO ELK CREEK STR F-

06-A IN NEW CASTLE

006D 105.799 107.000 045 NRB FROM ELK CREEK STR F-06-A IN NEW

CASTLE TO 554 FEET WEST OF COUNTY

RD 240

006D 107.000 107.105 045 RB FROM MILEPOINT 107 TO COUNTY RD

006D 107.105 110.806 045 RA FROM COUNTY RD 240 TO I-70

INTERCHANGE, END SH 6D

006E 149.666 149.741 037 NRB FROM JCT I-70 EAGLE BUS SPUR TO 2635

FEET WEST OF EAGLE RIVER STR F-09-H

006E 149.741 159.573 037 RA FROM 2635 FEET WEST OF EAGLE RIVER

STR F-09-H TO JCT SH 131 IN WOLCOTT

006E 159.573 163.932 037 RA FROM JCT SH 131 IN WOLCOTT TO 3105

FEET EAST OF COUNTY RD 23

006E 163.932 165.995 037 NRA FROM 3105 FEET EAST OF COUNTY RD

23 TO JCT I-70 EDWARDS BUS SPUR

006E 165.995 166.456 037 NRA FROM JCT I-70 EDWARDS BUS SPUR TO

607 FEET EAST OF BULL RD

006E 166.456 170.186 037 NRA FROM 607 FEET EAST OF BULL RD TO

4213 FEET WEST OF EAGLE-VAIL RD

006E 170.186 174.541 037 NRA FROM 4213 FEET WEST OF EAGLE-VAIL

RD TO I-70 INTERCHANGE, END SH 6E

006F 208.659 209.442 117 NRB FROM I-70 INTERCHANGE IN

SILVERTHORNE TO ROAD TO DILLON

DAM 006F 209.442 211.253 117 NRA FROM ROAD TO DILLON DAM TO

CORINTHIAN CIRCLE

006F 211.253 213.131 117 RA FROM CORINTHIAN CIRCLE TO SWAN

MOUNTAIN RD (COUNTY RD 1)

006F 213.131 216.450 117 NRA FROM SWAN MOUNTAIN RD (COUNTY RD

1. TO GONDOLA RD

006F 216.450 225.036 117 RA FROM GONDOLA RD TO LOVELAND PASS

AT SUMMIT/CLEAR CREEK COUNTY LINE

006F 225.036 229.896 019 RA FROM LOVELAND PASS AT

SUMMIT/CLEAR CREEK CO LINE TO I-70

INTERCHANGE, END SH 6F

006G 257.079 257.751 019 RA FROM I-70 INTERCHANGE TO JCT SH 40

006G 257.751 260.220 019 RA FROM JCT SH 40 TO CLEAR CREEK STR

F-15-AZ AT CLEAR CREEK/JEFFERSON

006G 260.270 271.602 059 RA FROM JCT SH 119 TO JCT SH 58 AND SH

93 IN GOLDEN

006G 271.602 275.650 059 EX FROM JCT SH 58 AND SH 93 IN GOLDEN

TO I-70 INTERCHANGE

006G 275.650 282.333 059 FW FROM I-70 INTERCHANGE TO SH 95

(SHERIDAN BLVD) AT

006G 282.333 284.748 031 FW FROM SH 95 (SHERIDAN BLVD) AT

JEFFERSON/DENVER CO LINE TO I-25

INTERCHANGE IN DENVER, END SH 6G

006H 290.098 292.054 031 NRB FROM I-70 INTERCHANGE TO

DENVER/ADAMS CO LINE IN COMMERCE

CITY

006H 292.054 292.723 001 EX FROM DENVER/ADAMS CO LINE IN

COMMERCE CITY TO I-270

006H 292.723 293.670 001 EX FROM I-270 INTERCHANGE TO SH 2

(HANSEN BLVD) INTERCHANGE

006H 293.670 294.235 001 EX FROM SH 2 (HANSEN BLVD)

INTERCHANGE TO JCT SH 265

006H 294.235 294.910 001 EX FROM JCT SH 265 TO JCT SH 224 (74TH

AVE)

006H 294.910 296.32 001 EX FROM JCT SH 224 (74TH AVE) TO JCT I-

76, END SH 6H

006I 343.519 344.488 087 NRB FROM I-76 OVERPASS TO GRANITE ST IN

WIGGINS

006I 344.488 344.771 087 NRB FROM GRANITE ST TO MAIN ST IN

WIGGINS

006I 344.771 345.928 087 NRB FROM MAIN ST TO JCT SH 39 AND JCT

SH 52

006I 345.928 346.697 087 NRA FROM JCT SH 39 AND JCT SH 52 TO JCT

I-76, END SH 6I

006J 371.690 376.613 087 RB FROM I-76 INTERCHANGE

(AKRON/YUMA/BRUSH) TO CHARLES ST

IN HILLROSE

006J 376.613 376.995 087 NRA FROM CHARLES ST IN HILLROSE TO

COUNTY RD 33.5

006J 376.995 380.585 087 RB FROM COUNTY RD 33.5 TO COUNTY RD

36 AT MORGAN/WASHINGTON CO LINE

006J 380.585 387.939 121 RB FROM COUNTY RD 36 AT

MORGAN/WASHINGTON CO LINE TO

CANAL STR C-23-L AT

WASHINGTON/LOGAN CO LINE

006J 387.939 397.955 075 RB FROM CANAL STR C-23-L AT

WASHINGTON/LOGAN CO LINE TO JCT

SH 63

006J 397.955 401.697 075 RB FROM JCT SH 63 TO COUNTY RD 22.5

006J 401.697 403.067 075 NRA FROM COUNTY RD 22.5 TO OLEANDER

WAY 006J 403.067 403.864 075 NRB FROM OLEANDER WAY TO S DELMAR ST

IN STERLING

006J 403.864 404.149 075 NRC FROM DELMAR ST TO DIVISION AVE

(BEGIN 1-WAY STREETS) IN STERLING

006J 404.644 406.101 075 NRB FROM JCT SH 138 (CHESTNUT ST) TO NO

RIVERVIEW RD IN STERLING

006J 406.101 406.568 075 NRA FROM NO RIVERVIEW RD TO I-76

INTERCHANGE IN STERLING

006J 406.568 406.794 075 NRA FROM I-76 INTERCHANGE TO JCT SH 61

IN STERLING

006J 406.794 407.430 075 NRA FROM JCT SH 61 IN STERLING TO 1885

FEET EAST OF CASTLE DR

006J 407.430 424.683 075 RA FROM 1885 FEET EAST OF CASTLE DR

TO ASH AVE IN FLEMING

006J 424.683 425.021 075 NRB FROM ASH AVE TO CUSTER AVE IN

FLEMING

006J 425.021 435.875 075 RA FROM CUSTER AVE IN FLEMING TO JOE

AVE (COUNTY RD 3.5)

006J 435.875 436.188 095 NRA FROM JOE AVE (COUNTY RD 3.5) TO

FAIRVIEW AVE IN HAXTUN

006J 436.188 436.496 095 NRB FROM FAIRVIEW AVE TO JCT SH 59

(WASHINGTON AVE) IN HAXTUN

006J 436.496 436.747 095 NRB FROM JCT SH 59 (WASHINGTON AVE) TO

COOPER AVE IN HAXTUN

006J 436.747 444.756 095 RA FROM COOPER AVE IN HAXTUN TO

COUNTY RD 21

006J 444.756 444.972 095 NRA FROM COUNTY RD 21 TO BRYAN AVE IN

PAOLI

006J 444.972 453.406 095 RA FROM BRYAN AVE IN PAOLI TO JEROME

AVE IN HOLYOKE

006J 453.406 453.701 095 NRA FROM JEROME AVE TO SHERIDAN AVE

006J 453.701 454.060 095 NRB FROM SHERIDAN AVE TO JCT SH 385

(INTER-OCEAN AVE) IN HOLYOKE

006J 454.060 454.568 095 NRB FROM JCT SH 385 (INTER-OCEAN AVE)

TO WORLEY AVE IN HOLYOKE

006J 454.568 454.919 095 NRA FROM WORLEY AVE TO 628 FEET EAST

OF FRENCHMAN DR

006J 454.919 467.284 095 RA FROM 628 FEET EAST OF FRENCHMAN

DR TO COUNTY RD 65 AT

COLORADO/NEBRASKA STATE LINE, END

SH 6J

006K 0.000 0.338 045 NRB FROM TRAVER TR AND DEVEREUX RD

TO JCT SH 82 IN GLENWOOD SPRINGS,

END SH 6K

006L 88.895 91.24 045 RA FROM I-70 INTERCHANGE IN RIFLE TO

JCT SH 13, END SH 6L

006M 62.305 66.255 077 RA FROM MCR V.50 TO MESA/GARFIELD CO

006M 66.255 74.491 045 RA FROM MESA/GARFIELD CO LINE TO 2,360

FEET SOUTHWEST OF WATSON AVENUE

IN PARACHUTE

006M 74.491 75.422 045 NRB FROM 2,360 FEET SOUTHWEST OF

WATSON AVENUE TO INTERCHANGE

STRS (F-05-N) EB (F-05-M) WB - RD N JCT

SH00 6L

006M 75.442 88.895 045 RA FROM INTERCHANGE STRS (F-05-N) EB

(F-05-M) WB - RD N JCT SH006L

006N 141.87 141.89 045 EX FROM NORTH FRONTAGE ROAD AT

GYPSUM INTERCHANGE (140) TO SOUTH

ROUNDABOUT AT GYPSUM

INTERCHANGE.

006R 276.314 276.647 059 NRA FROM INDIANA ST TO VAN GORDON ST

IN LAKEWOOD, (SH 6 SOUTH FRONTAGE

ROAD)

007A 0.000 2.253 069 NRB FROM JCT SH 36 (ST VRAIN AVE) TO

CARRIAGE DR (COUNTY RD 63H) IN

ESTES PARK

007A 2.253 3.879 069 NRA FROM CARRIAGE DRIVE (COUNTY RD

63H) IN ESTES PARK TO FISH CREEK RD

(COUNTY RD 63A)

007A 3.879 9.741 069 RA FROM FISH CREEK RD (COUNTY RD 63A)

TO LARIMER/BOULDER CO LINE

007A 9.741 14.910 013 RA FROM LARIMER/BOULDER CO LINE TO

JCT SH 7 ALLENSPARK-FERNCLIFFE BUS

LOOP SOUTH

007A 14.910 16.086 013 RA FROM JCT SH 7 ALLENSPARK-

FERNCLIFFE BUS LOOP SOUTH TO JCT

SH 7 ALLENSPARK-FERNCLIFFE BUS

LOOP WEST

007A 16.086 19.249 013 RA FROM JCT SH 7 ALLENSPARK-

FERNCLIFFE BUS LOOP WEST TO JCT SH

007A 19.249 32.649 013 RA FROM JCT SH 72 TO OLD SOUTH RD

(COUNTY RD 84S)

007A 32.649 32.901 013 NRA FROM OLD SOUTH RD (COUNTY RD 84S)

TO PROSPECT ST IN LYONS

007A 32.901 33.08 013 NRB FROM PROSPECT ST TO JCT SH 36 IN

LYONS, END SH 7A

007B 49.506 50.639 013 NRB FROM JCT SH 119 (CANYON BLVD) AND

SH 93 (BROADWAY) TO JCT SH 36 (28TH

ST) IN BOULDER, END SH 7B

007C 52.29 53.457 013 NRB FROM JCT SH 36 (28TH ST) TO JCT SH

157 (47TH ST) IN BOULDER

007C 53.457 54.918 013 NRB FROM JCT SH 157 (47TH ST) TO

CHERRYVALE RD (COUNTY RD 39) IN

007C 54.918 55.250 013 NRB FROM CHERRYVALE RD (CO RD 39) TO

COUNTY RD 39 AND 63RD ST (COUNTY

RD 37.5) (BOULDER)

007C 55.250 55.911 013 NRA FROM COUNTY RD 39 AND 63RD ST

(COUNTY RD 37.5) TO VALTECH DR

(COUNTY RD 33C)

007C 55.911 58.500 013 RA FROM VALTECH DR (COUNTY RD 33C) TO

200 FEET EAST OF PARK LAKE DR

007C 58.500 60.683 013 NRA FROM 200 FEET EAST OF PARK LAKE DR

TO JCT SH 287, END SH 7C

007D 61.877 63.217 013 NRC FROM JCT SH 287 TO COUNTY RD 5 AND

119TH ST

007D 63.217 64.340 013 NRA FROM COUNTY RD 5 AND 119TH ST TO

BOULDER/WELD CO LINE IN ERIE

007D 64.340 66.487 123 NRA FROM BOULDER/WELD CO LINE TO

COUNTY RD 5 AT WELD/ADAMS CO LINE

007D 66.487 67.501 001 NRA FROM COUNTY RD 5 AT WELD/ADAMS

CO LINE TO HURON ST IN BROOMFIELD

007D 67.501 68.383 001 NRA FROM HURON ST TO I-25 INTERCHANGE

(LAFAYETTE/BRIGHTON) IN BROOMFIELD

007D 68.383 68.541 001 NRA FROM I-25 INTERCHANGE

(LAFAYETTE/BRIGHTON) TO COUNTY RD

007D 68.541 71.835 001 NRA FROM COUNTY RD 2 TO HOLLY ST.

007D 71.835 76.729 001 RA FROM HOLLY ST. TO MC CANN DITCH

STR E-17-AS IN BRIGHTON

007D 76.729 76.986 001 NRB FROM MC CANN DITCH STR E-17-AS TO

SH 85 INTERCHANGE IN BRIGHTON

007D 76.986 77.052 001 NRB FROM SH 85 INTERCHANGE IN

BRIGHTON TO JCT SH 85 BRIGHTON BUS

LOOP (MAIN ST) END 7D

007E 0.000 1.592 013 NRC FROM JCT SH 7 ALLENSPARK-

FERNCLIFFE BUS LOOP TO JCT SH 7

ALLENSPARK-FERNCLIFFE BUS LOOP,

END SH 7E

008A 0.000 2.031 059 RA FROM SH 285 INTERCHANGE

(MORRISON/EVERGREEN) TO BEAR

CREEK STR F-16-AN IN MORRISON

008A 2.031 2.149 059 NRB FROM BEAR CREEK STR F-16-AN TO JCT

SH 74 (BEAR CREEK CANYON RD) IN

MORRISON

008A 2.149 2.883 059 NRB FROM JCT SH 74 (BEAR CREEK CANYON

RD) TO C-470 INTERCHANGE (MORRISON

RD)

008A 2.883 6.913 059 NRA FROM C-470 INTERCHANGE (MORRISON

RD) TO JCT SH 391, KIPLING PARKWAY IN

008A 6.913 8.683 059 NRB FROM JCT SH 391 KIPLING PKWY TO JCT

SH 121 (WADSWORTH BLVD) IN

LAKEWOOD, END SH 8A

009A 0.000 18.168 043 RB FROM JCT SH 50 TO FREMONT/PARK CO

009A 18.168 46.980 093 RB FROM FREMONT/PARK CO LINE TO JCT

SH 24 IN HARTSEL, END SH 9A

009B 47.582 63.732 093 RB FROM JCT SH 24 TO JCT SH 285, END SH 9B

009C 64.673 65.555 093 NRB FROM JCT SH 285 TO 1204 FEET NORTH

OF 3RD ST IN FAIRPLAY

009C 65.555 70.373 093 RA FROM 1204 FT N OF 3RD ST IN FAIRPLAY

TO 11 FT N OF STR G-12-G MIDDLE FORK

SO PLATTE RIVER IN ALMA

009C 70.373 71.153 093 NRB FROM 11 FEET NORTH OF STR G-12-G

MIDDLE FORK SO PLATTE RIVER IN ALMA

TO 1441 FEET NORTH OF PINE ST

009C 71.153 76.396 093 RA FROM 1441 FEET NORTH OF PINE ST TO

HOOSIER PASS AT PARK/SUMMIT CO

009C 76.396 86.418 117 RA FROM HOOSIER PASS AT PARK/SUMMIT

CO LINE TO SOUTH INTERSECTION WITH

MAIN ST. IN BRECKENRIDGE

009C 86.418 87.270 117 NRB FROM SOUTH INTERSECTION WITH MAIN

STREET TO NORTH INTERSECTION WITH

MAIN ST IN BRECKENRIDGE

009C 87.270 87.784 117 NRA FROM NORTH INTERSECTION WITH MAIN

ST TO VALLEY BROOK DR IN

BRECKENRIDGE

009C 87.784 94.000 117 RA FROM VALLEY BROOK DR IN

BRECKENRIDGE TO 1 MILE NORTH OF

SWAN MOUNTAIN RD IN FRISCO

009C 94.000 96.000 117 NRA FROM 1 MILE NORTH OF SAWN

MOUNTAIN RD TO 8TH ST IN FRISCO

009C 96.000 97.23 117 NRB FROM 8TH ST TO I-70 INTERCHANGE IN

FRISCO, END SH 9C

009D 101.562 103.050 117 NRB FROM I-70 INTERCHANGE

(DILLON/SILVERTHORNE) TO RUBY

RANCH RD IN SILVERTHORNE

009D 103.050 104.891 117 NRA FROM RUBY RANCH RD TO CONDOR RD

IN SILVERTHORNE

009D 104.891 127.430 117 RA FROM CONDOR RD IN SILVERTHORNE

TO SUMMIT/GRAND CO LINE

009D 127.430 138.524 049 RA FROM SUMMIT/GRAND CO LINE TO 8TH

ST AND GORE AVE IN KREMMLING

009D 138.524 138.920 049 NRB FROM 8TH ST AND GORE AVE TO JCT SH

40 (PARK AVE) IN KREMMLING, END SH 9D

010A 0.000 20.950 055 RB FROM I-25 INTERCHANGE

(WALSENBURG/LA JUNTA) TO

HUERFANO/LAS ANIMAS CO LINE

010A 20.950 28.586 071 RB FROM HUERFANO/LAS ANIMAS CO LINE

TO LAS ANIMAS/PUEBLO CO LINE

010A 28.586 43.049 101 RB FROM LAS ANIMAS/PUEBLO CO LINE TO

PUEBLO/OTERO CO LINE

010A 43.049 62.371 089 RB FROM PUEBLO/OTERO CO LINE TO JCT

SH 71 SOUTH

010A 62.371 62.880 089 RB FROM JCT SH 71 SOUTH TO JCT SH 71

NORTH

010A 62.880 71.357 089 RB FROM JCT SH 71 NORTH TO PIKEVIEW

AVE IN LA JUNTA

010A 71.357 71.968 089 NRB FROM PIKEVIEW AVE IN LA JUNTA TO

JCT SH 50, END SH 10A

011A 0.000 1.350 115 RB FROM JCT SH 138 IN JULESBURG TO

COLORADO/NEBRASKA STATE LINE, END

SH 11A

012A 0.000 4.214 055 RB FROM SH 160 TO 1537 FEET WEST OF

CUCHARAS RIVER STR N-16-O

012A 4.214 5.605 055 NRC FROM 1537 FEET WEST OF CUCHARAS

RIVER STR N-16-O TO 385 FEET EAST OF

CUCHARAS RIVER STR O-16-H

012A 5.605 22.302 055 RB FROM 385 FEET EAST OF CUCHARAS

RIVER STR O-16-H TO HUERFANO/LAS

ANIMAS CO LINE

012A 22.302 68.241 071 RB FROM HUERFANO/LAS ANIMAS CO LINE

TO COUNTY RD 22.6

012A 68.241 70.485 071 NRB FROM COUNTY RD N 22.6 TO I-25

INTERCHANGE (MONUMENT LAKE), END

SH 12A

013A 0.970 2.629 045 EX FROM JCT SH 6 TO 21ST ST IN RIFLE

013A 2.629 4.114 045 NRA FROM 21ST ST IN RIFLE TO JCT SH 325

013A 4.114 4.349 045 NRA FROM JCT SH 325 TO COUNTY RD 292

013A 4.349 16.909 045 RA FROM COUNTY RD 292 TO GARFIELD/RIO

BLANCO CO LINE

013A 16.909 39.010 103 RA FROM GARFIELD/RIO BLANCO CO LINE

TO JCT SH 64

013A 39.010 41.080 103 RA FROM JCT SH 64 TO 438 FEET SOUTH OF

13TH STREET IN MEEKER

013A 41.080 43.000 103 NRB FROM 438 FEET SOUTH OF 13TH STREET

TO 1969 FEET SOUTH OF COUNTY RD 8

013A 43.000 58.392 103 RA FROM 1969 FEET SOUTH OF COUNTY RD

8 TO RIO BLANCO/MOFFAT CO LINE

013A 58.392 75.793 081 RA FROM RIO BLANCO/MOFFAT CO LINE TO

JCT SH 317 (HAMILTON)

013A 75.793 88.195 081 RA FROM JCT SH 317 (HAMILTON) TO PINE

RIDGE GULCH STR C-06-P

013A 88.195 88.635 081 NRA FROM PINE RIDGE GULCH STR C-06-P TO

JCT SH 40 IN CRAIG, END SH 13A

013B 89.58 91.000 081 NRB FROM JCT SH 40 (FOURTH ST) TO 391

FEET SOUTH OF SIXTEENTH ST IN CRAIG

013B 91.000 91.939 081 NRA FROM 391 FEET SOUTH OF SIXTEENTH

ST IN CRAIG TO 3406 FEET SOUTH OF

COUNTY RD 2

013B 91.939 128.07 081 RA FROM 3406 FEET SOUTH OF COUNTY RD

2 TO COLORADO-WYOMING STATE LINE,

END SH 13B

013C 0.000 0.222 045 EX FROM LIONS PARK CIR TO AIRPORT RD,

END SH 13C

014A 0.000 32.968 057 RA FROM JCT SH 40 AT MUDDY PASS TO

JCT SH 125, END SH 14A

014B 34.090 34.451 057 NRB FROM JCT SH 125 (MAIN ST) TO 7TH ST

IN WALDEN

014B 34.451 64.816 057 RA FROM 7TH ST IN WALDEN TO CAMERON

PASS AT JACKSON/LARIMER CO LINE

014B 64.816 121.713 069 RA FROM CAMERON PASS AT

JACKSON/LARIMER CO LINE TO JCT SH

287 (TEDS PLACE), END SH 14B

014C 134.77 136.406 069 NRB FROM JCT SH 287 (COLLEGE AVE) TO

LINK LANE (COUNTY RD 11F) IN FORT

COLLINS

014C 136.406 138.968 069 EX FROM LINK LANE (COUNTY RD 11F) TO I-

25 INTERCHANGE (AULT/FORT COLLINS)

014C 138.968 139.000 069 EX FROM I-25 INTERCHANGE (AULT/FORT

COLLINS) TO 169 FEET EAST OF I-25

014C 139.000 140.233 069 NRA FROM 169 FEET EAST OF I-25

INTERCHANGE TO COUNTY RD 5

014C 140.233 142.182 069 RA FROM COUNTY RD 5 TO LARIMER

COUNTY RD 901 AT LARIMER/WELD CO

014C 142.182 144.152 123 RA FROM LARIMER COUNTY RD 901 AT

LARIMER/WELD CO LINE TO JCT SH 257

014C 144.152 153.017 123 RA FROM JCT SH 257 TO BIRCH AVE IN AULT

014C 153.017 153.221 123 NRA FROM BIRCH AVE TO FIRST AVE IN AULT

014C 153.221 153.370 123 NRB FROM FIRST AVE TO JCT SH 85 IN AULT

014C 153.370 153.443 123 NRB FROM JCT SH 85 TO RAILROAD AVE IN

AULT

014C 153.443 205.236 123 RA FROM RAILROAD AVE IN AULT TO JCT SH

014C 205.236 211.807 123 RA FROM JCT SH 52 TO JCT SH 71 (WEIGH

STATION)

014C 211.807 215.828 123 RA FROM JCT SH 71 (WEIGH STATION) TO

JCT SH 71

014C 215.828 216.831 123 RA FROM JCT SH 71 TO WELD/LOGAN CO

014C 216.831 234.263 075 RA FROM WELD/LOGAN CO LINE TO

COUNTY RD 35

014C 234.263 234.750 075 NRA FROM COUNTY RD 35 TO COUNTY RD 35.5

014C 234.750 236.734 075 NRB FROM COUNTY RD 35.5 TO N 5TH ST IN

STERLING

014R 136.406 138.968 069 NRB FROM LINK LANE (COUNTY RD 11F) TO I-

25 INTERCHANGE (AULT/FORT COLLINS),

(SH 14 FRONTAGE ROAD)

015A 0.000 0.556 105 NRB FROM JCT SH 160 (1ST AVE) AND JCT SH

285 (BROADWAY) TO PENNSYLVANIA

AVE IN MONTE VISTA

015A 0.556 10.412 105 RB FROM PENNSYLVANIA AVE IN MONTE

VISTA TO JCT SH 370

015A 10.412 12.374 105 RB FROM JCT SH 370 TO COUNTY RD 12S AT

RIO GRANDE/CONEJOS CO LINE, END SH 15A

CATEGORY ASSIGNMENTS – PART 2 OF 5

015B 20.398 30.915 021 RB FROM COUNTY RD 9 TO JCT SH 285, END

SH 15B

016A 0.000 0.860 041 EX FROM I-25 INTERCHANGE

(WIDEFIELD/SECURITY) TO SH 85

016A 0.860 1.317 041 EX FROM SH 85 INTERCHANGE TO QUEBEC

016A 1.317 3.118 041 NRA FROM QUEBEC ST TO FOUNTAIN CITY

LIMITS, END SH 16A

017A 0.000 1.209 007 RB FROM NEW MEXICO-COLORADO STATE

LINE TO ARCHULETA/CONEJOS CO LINE

017A 1.209 39.052 021 RB FROM ARCHULETA/CONEJOS CO LINE TO

JCT SH 285 (ANTONITO), END SH 17A

017B 69.024 70.000 003 NRB FROM JCT SH 160 TO 781 FEET SOUTH OF

COUNTY RD 65

017B 70.000 70.148 003 NRA FROM 781 FEET SOUTH OF COUNTY RD 65

TO COUNTY RD 6S

017B 70.148 87.695 003 RA FROM COUNTY RD 6S TO 1065 FEET

SOUTH OF MADISON ST

017B 87.695 88.195 003 NRA FROM 1065 FEET SOUTH OF MADISON ST

TO JCT SH 112 AT ALAMOSA/SAGUACHE

017B 88.195 105.016 109 RA FROM JCT SH 112 AT

ALAMOSA/SAGUACHE CO LINE TO

COUNTY RD T IN MOFFAT

017B 105.016 106.456 109 NRA FROM COUNTY RD T TO FIFTEENTH ST IN

MOFFAT

017B 106.456 118.864 109 RA FROM FIFTEENTH ST IN MOFFAT TO JCT

SH 285, END SH 17B

021A 131.813 139.582 041 FW FROM SH 16 (MESA RIDGE PKWY) TO JCT

US 24 (JOHN LOVE MEMORIAL HWY)

021B 141.738 154.112 041 FW FROM JCT US 24 AND EAST PLATT AVE TO

JCT SH 83

022A 0.000 0.500 001 NRB FROM JCT SH 2 (SABLE BLVD) TO

POTOMAC ST (COUNTY RD 212)

022A 0.500 1.835 001 NRC FROM POTOMAC ST (COUNTY RD 212) TO

JCT SH 85

022A 1.835 2.476 001 NRC FROM JCT SH 85 TO BRIGHTON RD

(COUNTY RD 208.51) IN HENDERSON, END

SH 22A

023A 0.000 17.507 095 RB FROM JCT SH 385 TO COUNTY RD 63.2 AT

COLORADO-NEBRASKA STATE LINE, END

SH 23A

024A 143.400 144.539 037 RA FROM I-70 INTERCHANGE

(MINTURN/LEADVILLE) TO 3263 FEET

WEST OF WILLIAMS ST IN MINTURN

024A 144.539 145.832 037 NRB FROM 3263 FEET WEST OF WILLIAMS ST

IN MINTURN TO 63 FEET EAST OF COUNTY

RD 113

024A 145.832 165.890 037 RA FROM 63 FEET EAST OF COUNTY RD 113

TO COUNTY RD 107 AT EAGLE/LAKE CO

024A 165.890 174.649 065 RA FROM COUNTY RD 107 AT EAGLE/LAKE CO

LINE TO JCT SH 91

024A 174.649 178.285 065 NRB FROM JCT SH 91 TO CALIFORNIA GULCH

STR H-11-D

024A 178.285 180.097 065 RA FROM CALIFORNIA GULCH STR H-11-D TO

JCT SH 300 (MALTA)

024A 180.097 191.186 065 RA FROM JCT SH 300 (MALTA) TO JCT SH 82

024A 191.186 192.735 065 RA FROM JCT SH 82 TO LAKE/CHAFFEE CO

024A 192.735 193.777 015 RA FROM LAKE/CHAFFEE CO LINE TO

COUNTY RD 398 AND COUNTY RD 397

(GRANITE)

024A 193.777 194.000 015 NRA FROM COUNTY RD 398 AND COUNTY RD

397 (GRANITE) TO 1162 FEET SOUTH OF

COUNTY RD 396

024A 194.000 209.752 015 RA FROM 1162 FEET SOUTH OF COUNTY RD

396 TO 1663 FEET NORTH OF FARWELL ST

024A 209.752 209.954 015 NRA FROM 1663 FEET NORTH OF FARWELL ST

TO 597 FEET NORTH OF FARWELL ST IN

BUENA VISTA

024A 209.954 211.356 015 NRB FROM 597 FEET NORTH OF FARWELL ST

IN BUENA VISTA TO 1373 FEET SOUTH OF

DE PAUL AVE

024A 211.356 211.616 015 NRA FROM 1373 FEET SOUTH OF DE PAUL AVE

TO AIRPORT RD (COUNTY RD 319)

024A 211.616 212.817 015 RA FROM AIRPORT RD (COUNTY RD 319) TO

SIGN STR I-12-P

024A 212.817 213.480 015 NRA FROM SIGN STR I-12-P TO ARKANSAS

RIVER STR I-12-T

024A 213.480 225.569 015 RA FROM ARKANSAS RIVER STR I-12-T TO

TROUT CREEK PASS AT CHAFFEE/PARK

024A 225.569 226.550 093 RA FROM TROUT CREEK PASS AT

CHAFFEE/PARK CO LINE TO JCT SH 285

024A 226.550 238.236 093 RB FROM JCT SH 285 TO JCT SH 9

024A 238.236 239.320 093 RB FROM JCT SH 9 TO JCT SH 9 (HARTSEL)

024A 239.320 267.207 093 RA FROM JCT SH 9 (HARTSEL) TO PARK

TELLER CO LINE

024A 267.207 277.994 119 RA FROM PARK/TELLER CO LINE TO 0.1 MI W

OF JCT SH 67 (DIVIDE)

024A 277.994 278.094 119 NRA FROM 0.1 MI W OF JCT SH 67 TO JCT SH 67

(DIVIDE)

024A 278.094 278.163 119 NRB FROM JCT SH 67 (DIVIDE) TO COUNTY RD

29 (EAST), WEAVERVILLE RD

024A 278.163 279.500 119 NRA FROM COUNTY RD 29 (EAST) TO 3700 FT

EAST OF MEADOW PARK RD

024A 279.500 279.663 119 RA FROM 3700 FT EAST OF MEADOW PARK

RD TO COUNTY RD 25

024A 279.663 284.463 119 RA FROM COUNTY RD 25 TO 2920 FEET WEST

OF COUNTY RD 23

024A 284.463 284.822 119 NRA FROM 2920 FEET WEST OF COUNTY RD 23

TO JCT SH 67

024A 284.822 286.093 119 NRA FROM JCT SH 67 TO 359 FEET WEST OF

COUNTY RD W51

024A 286.093 288.462 119 EX FROM 359 FEET WEST OF COUNTY RD

W51 TO TELLER COUNTY RD 211 AT

TELLER/EL PASO CO LINE

024A 288.462 297.080 041 EX FROM TELLER CO RD 211 AT TELLER/EL

PASO CO LN TO MANITOU SPGS

INTERCHG, SH 24 MANITOU SPGS BUS

LOOP

024A 297.080 299.063 041 EX FROM MANITOU SPGS INTERCHG (SH 24

MANITOU BUS LOOP) TO MANITOU AV

INTERCHG, SH 24 MANITOU BUS LOOP)

024A 299.063 300.437 041 EX FROM MANITOU AVE INTERCHANGE (SH

24 MANITOU SPGS BUS LOOP) TO JCT SH

24 (MANITOU SPGS BUS LOOP)

024A 300.437 303.84 041 EX FROM JCT SH 24 (MANITOU SPRINGS BUS

LOOP) TO I-25 INTERCHANGE

(CIMARRON/COLORADO SPGS), END SH 24A

024B 419.95 422.707 063 RB FROM JCT NORTH FRONTAGE RD

ADJACENT TO I-70 (WEST OF SEIBERT) TO

JCT SH 59

024B 422.707 423.212 063 NRB FROM JCT SH 59 TO 808 FEET EAST OF

IOWA AVE IN SEIBERT

024B 423.212 429.321 063 RB FROM 808 FEET EAST OF IOWA AVE IN

SEIBERT TO 1494 FEET WEST OF SH 70S

IN VONA

024B 429.321 429.838 063 NRB FROM 1494 FEET WEST OF SH 70S TO

2513 FEET EAST OF SH 70S IN VONA

024B 429.838 436.803 063 RB FROM 2513 FEET EAST OF SH 70S IN VONA

TO 4240 FEET EAST OF STR G-26-O IN

STRATTON

024B 436.803 437.2 063 NRB FROM 4240 FEET EAST OF STR G-26-O TO

JCT SH 57 IN STRATTON, END SH 24B

024C 437.2 438.000 063 NRB FROM JCT SH 57 TO 2402 FEET EAST OF

JCT SH 57 IN STRATTON

024C 438.000 446.851 063 RB FROM 2402 FEET EAST OF JCT SH 57 IN

STRATTON TO NORTH RD (COUNTY RD 40)

IN BETHUNE

024C 446.851 447.331 063 NRB FROM NORTH RD (COUNTY RD 40) TO 2534

FEET EAST OF NORTH RD (COUNTY RD 40)

IN BETHUNE

024C 447.331 453.869 063 RB FROM 2534 FEET EAST OF NORTH RD

(COUNTY RD 40) IN BETHUNE TO COUNTY

RD 47 IN BURLINGTON

024C 453.869 454.828 063 NRB FROM COUNTY RD 47 TO JCT SH 385

(LINCOLN ST) IN BURLINGTON, END SH 24C

024D 455.882 456.522 063 NRC FROM JCT SH 385 (8TH ST) TO WEBSTER

ST IN BURLINGTON

024D 456.522 457.290 063 RB FROM WEBSTER ST TO JCT FRONTAGE

RD IN BURLINGTON, END SH 24D

024E 0.000 0.619 041 NRA FROM SH 24 INTERCHANGE (MIDLAND

EXPRESSWAY) TO CAVE OF THE WINDS

RD IN MANITOU SPRINGS

024E 0.619 2.750 041 NRC FROM CAVE OF THE WINDS RD TO SH 24

INTERCHANGE (MANITOU AVE) IN

MANITOU SPRINGS

024E 2.750 3.228 041 NRC FROM SH 24 INTERCHANGE (MANITOU

AVE) TO 38TH ST IN MANITOU SPRINGS

024E 3.228 3.656 041 NRB FROM 38TH ST IN MANITOU SPRINGS TO

613 FEET WEST OF FOUNTAIN CREEK STR

I-17-GC

024E 3.656 4.196 041 NRB FROM 613 FEET WEST OF FOUNTAIN

CREEK STR I-17-GC TO 31ST ST AND

COLORADO AVE IN COLORADO SPRINGS

024E 4.196 4.259 041 NRB FROM 31ST ST AND COLORADO AVE TO

FOUNTAIN CREEK STR I-17-FM

024E 4.259 4.323 041 EX FROM FOUNTAIN CREEK STR I-17-FM TO

JCT SH 24, END SH 24E

024F 0.000 0.150 073 RA FROM SH 24 INTERCHANGE (LIMON) TO

792 FEET EAST OF SH 24 INTERCHANGE IN

LIMON

024F 0.150 0.548 073 NRB FROM 792 FT E OF SH24 INTERCHG IN

LIMON TO I-70 INTERCHANGE

(LIMON/COLORADO SPGS), END SH 24F

024G 303.412 306.976 041 EX FROM I-25 INTERCHANGE TO JCT SH 83

(ACADEMY BLVD) IN COLORADO SPRINGS

024G 306.976 312.686 041 EX FROM JCT SH 83 (ACADEMY BLVD) TO JCT

SH 94 IN COLORADO SPRINGS

024G 312.686 329.976 041 EX FROM JCT SH 94 TO BRAKETT CREEK STR

H-19-A

024G 329.976 339.127 041 RA FROM BRAKETT CREEK STR H-19-A TO

8TH ST IN CALHAN

024G 339.127 339.970 041 NRA FROM 8TH ST TO YODER ST IN CALHAN

024G 339.970 350.580 041 RA FROM YODER ST IN CALHAN TO EL-

PASO/ELBERT CO

024G 350.580 353.358 039 RA FROM EL PASO/ELBERT CO LINE TO 1003

FEET WEST OF ADAMS ST IN SIMLA

024G 353.358 354.339 039 NRB FROM 1003 FEET WEST OF ADAMS ST TO

1394 FEET EAST OF DEER ST IN SIMLA

024G 354.339 360.372 039 RA FROM 1394 FEET EAST OF DEER ST IN

SIMLA TO 2ND ST (MATHESON)

024G 360.372 360.900 039 NRA FROM 2ND ST (MATHESON) TO

BROADWAY AVE

024G 360.900 376.561 039 RA FROM BROADWAY AVE TO

ELBERT/LINCOLN CO LINE

024G 376.561 376.714 073 RA FROM ELBERT/LINCOLN CO LINE TO

LIMON INTERCHANGE (SH 40 AND SH 24

SPUR)

024G 376.714 377.000 073 RA FROM LIMON INTERCHG (SH40 AND SH24

SPUR) TO 1510 FT EAST OF LIMON

INTERCHG (SH 40 AND SH 24 SPUR)

024G 377.000 377.824 073 NRC FROM 1510 FEET EAST OF LIMON

INTERCHANGE (SH 40 AND SH 24 SPUR)

TO JCT SH 71 IN LIMON

024G 377.824 378.795 073 NRC FROM JCT SH 71 TO JCT SH 71 IN LIMON

024G 378.795 379.193 073 NRC FROM JCT SH 71 TO I-70 INTERCHANGE

(LIMON)

024G 379.193 379.229 073 NRC FROM I-70 INTERCHANGE (LIMON) TO I-70

INTERCHANGE (EXIT 361) IN LIMON

024G 379.229 380.464 073 NRB FROM I-70 INTERCHANGE (EXIT 361) TO I-

70 INTERCHANGE (LIMON/HUGO/KIT

CARSON), EXIT 363 IN LIMON, END SH 24G

025A 0.000 39.103 071 FW FROM NEW MEXICO-COLORADO STATE

LINE TO LAS ANIMAS/HUERFANO CO LINE

025A 39.103 68.851 055 FW FROM LAS ANIMAS/HUERFANO CO LINE

TO HUERFANO/PUEBLO CO LINE

025A 68.851 116.426 101 FW FROM HUERFANO/PUEBLO CO LINE TO

PUEBLO/ELPASO CO LINE

025A 116.426 163.321 041 FW FROM PUEBLO/EL PASO CO LINE TO

COUNTY LINE RD INTERCHANGE AT EL

PASO/DOUGLAS COUNTY LINE

025A 163.321 195.130 035 FW FROM CO LN RD INTERCHG AT EL

PASO/DOUGLAS CO LN TO CO LN RD

INTERCHG AT DOUGLAS/ARAPAHOE CO

LN 025A 195.130 199.720 005 FW FROM COUNTY LINE RD INTERCHANGE AT

DOUGLAS/ARAPAHOE CO LINE TO

ARAPAHOE/DENVER CO LINE

025A 199.720 214.460 031 FW FROM ARAPAHOE/DENVER CO LINE TO

025A 214.460 229.107 001 FW FROM DENVER/ADAMS CO LINE TO SH 7

INTERCHANGE (LAFAYETTE/BRIGHTON)

AT ADAMS/WELD CO LINE

025A 229.107 253.207 123 FW FROM SH 7 INTERCHANGE

(LAFAYETTE/BRIGHTON) AT ADAMS/WELD

CO LINE TO WELD/LARIMER CO LINE

025A 253.207 291.967 069 FW FROM WELD/LARIMER CO LINE TO

LARIMER/WELD CO LINE

025A 291.967 298.879 123 FW FROM LARIMER/WELD CO LINE TO

COLORADO-WYOMING STATE LINE, END

SH 25A

025B 0.000 1.815 071 RB FROM I-25 INTERCHANGE (AGUILAR) TO

FIR ST AND LINDEN ST IN AGUILAR

025B 1.815 1.948 071 NRB FROM FIR ST AND LINDEN ST TO MAIN ST

AND FIR ST IN AGUILAR, END SH 25B

025C 0.000 1.024 055 NRA FROM I-25 INTERCHANGE TO CUCHARAS

RIVER STR N-17-D IN WALSENBURG

025C 1.024 1.366 055 NRB FROM CUCHARAS RIVER STR N-17-D TO

JCT SH 160 IN WALSENBURG

025C 1.366 1.510 055 NRB FROM JCT SH 160 TO JCT SH 160 IN

WALSENBURG

025C 1.510 2.149 055 NRC FROM JCT SH 160 TO GRAND ST IN

WALSENBURG

025C 2.149 3.000 055 NRB FROM GRAND ST IN WALSENBURG TO

2255 FEET SOUTH OF SULL CREEK STR N-

17-C

025C 3.000 3.643 055 NRA FROM 2255 FEET SOUTH OF SULL CREEK

STR N-17-C TO JCT SH 69

025C 3.643 4.039 055 NRA FROM JCT SH 69 TO JCT I-25, END SH 25C

026B 11.170 12.699 031 NRB FROM JCT SH 95 (SHERIDAN BLVD) AT

JEFFERSON/DENVER CO LINE TO JCT SH

88 (FEDERAL BLVD)

026B 12.699 14.14 031 NRB FROM JCT SH 88 (FEDERAL BLVD) TO I-25

INTERCHANGE (ALAMEDA AVE), END SH 26B

030A 0.000 0.030 031 NRA FROM I-25 INTERCHANGE (HAMPDEN AVE)

IN DENVER TO SIGN STR F-17-FA (EB

LANES)

030A 0.030 1.000 031 NRB FROM SIGN STR F-17-FA (EB LANES) TO 26

FEET EAST OF TAMARAK ST IN DENVER

030A 1.000 3.093 031 NRA FROM 26 FEET EAST OF TAMARAK ST TO

DARTMOUTH AVE IN DENVER

030A 3.093 3.831 031 NRB FROM DARTMOUTH AVE IN DENVER TO

JCT SH 83 (PARKER RD) IN AURORA AT

DENVER/ARAPAHOE CO LINE

030A 3.831 4.276 005 NRB FROM JCT SH 83 (PARKER RD) AT

DENVER/ARAPAHOE CO LINE TO ILIFF AVE

030A 4.276 7.844 005 NRB FROM E ILIFF AVE TO JCT OF EAST 6TH

AVE IN AURORA

030A 7.844 11.573 005 RA FROM JCT OF HAVANA AND E. 6TH AVE,

EASTERLY TO BUCKLEY / AIRPORT BLVD

030A 11.573 15.036 005 NRA FROM BUCKLEY RD TO PICCADILY RD IN

AURORA

030A 15.036 18.259 005 NRB FROM PICCADILY RD IN AURORA TO YALE

AVE 030A 18.259 20.416 005 NRA FROM YALE AVE TO QUINCY AVE AND

GUN CLUB RD, END SH 30A

034A 0.000 32.328 049 RA FROM JCT SH 40 TO MILNER PASS AT

GRAND/LARIMER CO LINE

034A 32.328 53.758 069 RA FROM MILNER PASS AT GRAND/LARIMER

CO LINE TO JCT SH 36 (DEER RIDGE)

034A 53.758 59.012 069 RA FROM JCT SH 36 (DEER RIDGE) TO 919

FEET WEST OF FISH HATCHERY RD

034A 59.012 60.965 069 NRA FROM 919 FEET WEST OF FISH HATCHERY

RD TO JCT SH 34 (ESTES PARK BUS LOOP)

AND SH 34 (ELKHORN AVE)

034A 60.965 62.507 069 NRA FROM JCT SH 34, ESTES PK BUS LOOP, SH

34, ELKHORN AV TO JCT SH 34,ESTES PK

BUS LOOP, JCT SH 36

034A 62.507 64.232 069 NRA FROM JCT SH 34 (ESTES PARK BUS LOOP)

AND JCT SH 36 TO DRY GULCH RD

(COUNTY RD 63E)

034A 64.232 87.690 069 RA FROM DRY GULCH RD (COUNTY RD 63E)

TO COUNTY RD 22B IN LOVELAND

034A 87.690 91.924 069 NRA FROM COUNTY RD 22B TO JCT SH 287

(CLEVELAND AVE) IN LOVELAND

034A 91.924 92.009 069 NRA FROM JCT SH 287 (CLEVELAND AVE) TO

JCT SH 287 (LINCOLN ST) IN LOVELAND

034A 92.009 96.250 069 NRA FROM JCT SH 287 (LINCOLN ST) IN

LOVELAND TO I-25 INTERCHANGE

(LOVELAND/GREELEY)

034A 96.250 97.797 069 NRA FROM I-25 INTERCHANGE

(LOVELAND/GREELEY) TO COUNTY RD 3

034A 97.797 98.836 069 EX FROM COUNTY RD 3 TO LARIMER COUNTY

RD 901 AND WELD COUNTY RD 13 AT

LARIMER/WELD CO LINE

034A 98.836 102.804 123 EX FROM LARIMER COUNTY RD 901 AND

WELD COUNTY RD 13 AT LARIMER/WELD

CO LINE TO JCT SH 257

034A 102.804 112.706 123 EX FROM JCT SH 257 TO INTERCHANGE STR

C-18-BB JCT SH 85

034A 112.706 112.772 123 EX FROM INTERCHANGE STR C-18-BB JCT SH

85 TO INTERCHANGE STR C-18-AP JCT SH

85 GREELEY BUS LOOP

034A 112.772 115.411 123 EX FROM INTERCHANGE STR C-18-AP JCT SH

85 GREELEY BUS LOOP TO JCT SH 34

GREELEY BUS

034A 115.411 118.208 123 EX FROM JCT SH 34 GREELEY BUS LOOP TO

COUNTY RD 51

034A 118.208 118.805 123 NRA FROM COUNTY RD 51 TO 1970 FEET WEST

OF JCT COUNTY RD 55

034A 120.225 143.222 123 RA FROM COUNTY RD 55 TO WELD/MORGAN

034A 143.222 144.470 087 RA FROM WELD/MORGAN CO LINE TO JCT SH

034A 144.470 149.633 087 RA FROM JCT SH 144 TO JCT I-76, END SH 34A

034B 158.485 161.473 087 RA FROM I-76 INTERCHANGE (FORT MORGAN)

TO COUNTY RD 17

034B 161.473 162.260 087 NRA FROM COUNTY RD 17 TO LANE ST IN FORT

MORGAN

034B 162.260 162.962 087 NRB FROM LANE ST TO JCT SH 52 IN FORT

MORGAN

034B 162.962 164.464 087 NRB FROM JCT SH 52 TO BARLOW RD (COUNTY

RD 20) IN FORT MORGAN

034B 164.464 165.490 087 NRA FROM BARLOW RD (COUNTY RD 20) TO

COUNTY RD 21 IN FORT MORGAN

034B 165.490 170.363 087 RA FROM COUNTY RD 21 TO COUNTY RD 26

IN BRUSH

034B 170.363 170.896 087 NRA FROM COUNTY RD 26 TO HARVARD ST IN

BRUSH

034B 170.896 172.414 087 NRB FROM HARVARD ST TO JCT SH 71 IN

BRUSH

034B 172.414 173.156 087 NRB FROM JCT SH 71 IN BRUSH TO BN

RAILROAD CROSSING 057-578C

034B 173.156 173.570 087 RA FROM BN RAILROAD CROSSING 057-578C

TO JCT SH 71

034B 173.570 173.852 087 RA FROM JCT SH 71 TO JCT SH 34 SPUR (TO

JCT I-76)

034B 173.852 180.576 087 RA FROM JCT SH 34 SPUR (TO JCT I-76) TO

MORGAN/WASHINGTON CO LINE

034B 180.576 195.538 121 RA FROM MORGAN/WASHINGTON CO LINE TO

1310 FEET EAST OF COUNTY RD BB

034B 195.538 195.844 121 NRA FROM 1310 FEET EAST OF COUNTY RD BB

TO CUSTER AVE IN AKRON

034B 195.844 196.336 121 NRB FROM CUSTER AVE TO JCT SH 63 (CEDAR

AVE) IN AKRON

034B 196.336 196.714 121 NRB FROM JCT SH 63 (CEDAR AVE) TO

HICKORY AVE IN AKRON

034B 196.714 197.218 121 NRA FROM HICKORY AVE IN AKRON TO

COUNTY RD DD

034B 197.218 209.056 121 RA FROM COUNTY RD DD TO 650 FEET WEST

OF DUNGAN ST IN OTIS

034B 209.056 209.179 121 NRA FROM 650 FEET WEST OF DUNGAN ST TO

DUNGAN ST IN OTIS

034B 209.179 209.305 121 NRB FROM DUNGAN ST TO JCT SH 61 IN OTIS

034B 209.305 209.649 121 NRB FROM JCT SH 61 TO GILPIN ST IN OTIS

034B 209.649 209.815 121 NRA FROM GILPIN ST TO 875 FEET EAST OF

GILPIN ST

034B 209.815 218.372 121 RA FROM 875 FEET EAST OF GILPIN ST TO

YUMA COUNTY RD B AT

WASHINGTON/YUMA CO LINE

034B 218.372 222.271 125 RA FROM YUMA COUNTY RD B AT

WASHINGTON/YUMA CO LINE TO 500 FEET

WEST OF COUNTY RD E

034B 222.271 222.516 125 NRB FROM 500 FEET WEST OF COUNTY RD E

TO HICKORY ST IN YUMA

034B 222.516 223.345 125 NRB FROM HICKORY ST TO JCT SH 59

(DETROIT ST) IN YUMA

034B 223.345 223.843 125 NRA FROM JCT SH 59 (DETROIT ST) TO

IDLEWILD ST IN YUMA

034B 223.843 249.413 125 RA FROM IDLEWILD ST IN YUMA TO 2645 FEET

EAST OF N FORK REPUBLICAN RIVER STR

D-28-P

034B 249.413 249.931 125 NRA FROM 2645 FEET EAST OF N FORK

REPUBLICAN RIVER STR D-28-P TO JCT SH

385 (DEXTER ST) IN WRAY

034B 249.931 250.771 125 NRC FROM JCT SH 385 (DEXTER ST) TO

HICKORY ST IN YUMA

034B 250.771 259.529 125 RA FROM HICKORY ST IN YUMA TO

COLORADO-NEBRASKA STATE LINE, END

SH 34B

034C 0.000 0.805 069 NRB FROM JCT SH 34 (FALL RIVER RD) TO FALL

RIVER STR C-14-O IN ESTES PARK

034C 0.805 1.306 069 NRC FROM FALL RIVER STR C-14-O TO JCT SH

36 (MORRAINE DR) IN ESTES PARK

034C 1.306 1.690 069 NRC FROM SH 36 (MORRAINE DR) TO JCT SH 34

(WONDERVIEW AV) AND JCT SH 36 (ST

VRAIN AV) ESTES PARK, END 34C

034D 0.000 0.399 123 NRA FROM SH 34 INTERCHANGE (GREELEY) TO

JCT SH 257

034D 0.399 1.858 123 NRA FROM JCT SH 257 TO JCT SH 257 SPUR IN

034D 1.858 4.669 123 NRA FROM JCT SH 257 SPUR TO 71ST AVE AND

COUNTY RD 29 IN GREELEY

034D 4.669 7.737 123 NRB FROM 71ST AVE AND COUNTY RD 29 TO

35TH AVE IN GREELEY

034D 7.737 8.768 123 NRB FROM 35TH AVE TO BEGIN 1-WAY EB

(10TH ST) WB (9TH ST) IN GREELEY

034D 8.768 10.000 123 NRC FROM 1-WAY EB (10TH ST) WB (9TH ST) TO

JCT SH 34 1-WAY WB (10TH AVE) END 1-

WAY EB, BEGIN 2 WAY TRAFFIC

034D 10.000 10.194 123 NRC FROM JCT SH 34 1-WAY WB (10TH AVE)

END 1-WAY EB, BEGIN 2 WAY TRAFFIC TO

JCT SH 85 (GREELEY BUS LOOP)

034D 10.194 11.057 123 NRC FROM JCT SH 85 GREELEY BUS LOOP

(8TH AVE) TO JCT SH 85 GREELEY BUS

LOOP (8TH AVE) IN GREELEY

034D 11.057 11.643 123 NRC FROM JCT SH 85 GREELEY BUS LOOP

(8TH AVE) TO JCT SH 85

034D 11.643 11.749 123 NRC FROM JCT SH 85 TO 1ST AVE

034D 11.749 12.886 123 NRB FROM 1ST AVE TO CHERRY ST (COUNTY

RD 43)

034D 12.886 14.711 123 RB FROM CHERRY ST (COUNTY RD 43) TO

JCT SH 34, END SH 34D

034E 0.000 0.932 087 RA FROM JCT SH 34 TO I-76 INTERCHANGE

(AKRON/YUMA/BRUSH), END SH 34E

034Z 0.000 1.239 123 NRC FROM JCT SH 34 1-WAY EB (10TH ST)

BEGIN 1-WAY WB TO 23RD AVE IN

034Z 1.239 1.301 123 NRB FROM 23RD AVE TO JCT SH 34 (10TH ST)

BEGIN 1-WAY EB, END 1 WAY WB, END SH

34Z IN GREELEY

035A 8.435 8.898 031 EX FROM I-70 INTERCHANGE (QUEBEC ST) TO

I-270 INTERCHANGE (QUEBEC ST) IN

035A 8.898 9.260 031 EX FROM I-270 INTERCHANGE OVERPASS (ON

QUEBEC ST) TO 500 FEET NORTH OF I-270

RAMPS

035A 9.260 9.704 031 RA FROM 500 FEET NORTH OF I-270 RAMPS

TO EAST 53RD PLACE, END SH 35A

036A 0.000 4.959 069 RB FROM JCT SH 34 (DEER RIDGE) IN ROCKY

MOUNTAIN NATIONAL PARK TO JCT SH 66

036A 4.959 5.141 069 RB FROM JCT SH 66 TO HIGH DR (COUNTY RD

67W) AND MARYS LAKE RD (COUNTY RD

67. IN ESTES PARK

036A 5.141 6.456 069 NRB FROM HIGH DR (COUNTY RD 67W) AND

MARYS LAKE RD (COUNTY RD 67) TO

RIVERSIDE ST IN ESTES PARK

036A 6.456 6.982 069 NRA FROM RIVERSIDE ST TO JCT SH 34 (ESTES

PARK BUS LOOP) (ELKHORN AVE) IN

ESTES PARK, END SH 36A

036B 0.000 0.395 069 NRA FROM JCT SH 34,WONDERVIEW AV,SH 34

ESTES PK BUS LOOP,ELKHORN AV TO JCT

SH 7,ST VRAIN AV,IN ESTES PK

036B 0.395 1.065 069 NRA FROM JCT SH 7 (ST VRAIN AVE) TO FISH

CREEK STR C-15-L IN ESTES PARK

036B 1.065 13.242 069 RA FROM FISH CREEK STR C-15-L IN ESTES

PARK TO LARIMER/BOULDER CO LINE

036B 13.242 19.713 013 RA FROM LARIMER/BOULDER CO LINE TO

1520 FEET EAST OF GROVER DR

036B 19.713 20.357 013 NRB FROM 1520 FEET EAST OF GROVER DR TO

JCT SH 7 S BEGIN 1-WAY EB (BROADWAY)

036B 20.357 20.657 013 NRB FROM JCT SH 7 BEGIN 1-WAY EB

(BROADWAY) TO JCT SH 36 NW (BEGIN 1-

WAY WB) AND SE (END 1-WAY EB)

036B 20.657 20.895 013 NRB FROM JCT SH 36 NW (BEGIN 1-WAY WB)

AND SE (END 1-WAY EB) TO 245 FEET

EAST OF PARK ST IN LYONS

036B 20.895 21.764 013 RA FROM 245 FEET EAST OF PARK ST IN

LYONS TO JCT SH 66

036B 21.764 31.415 013 RA FROM JCT SH 66 TO LONGHORN RD

(COUNTY RD 36.5) IN BOULDER

036B 31.415 32.175 013 NRA FROM LONGHORN RD (COUNTY RD 36.5)

IN BOULDER TO JCT SH 7 (BROADWAY)

036B 32.175 35.005 013 NRA FROM JCT SH 7 (BROADWAY) TO JCT SH

119 (IRIS AVE) IN BOULDER

036B 35.005 36.342 013 NRB FROM JCT SH 119 (IRIS AV) TO JCT SH 7

(CANYON BLVD) IN BOULDER

036B 36.342 36.533 013 NRB FROM JCT SH 7 (CANYON BLVD) TO JCT

SH 7 (ARAPAHOE AVE) IN BOULDER

036B 36.533 37.303 013 NRB FROM JCT SH 7 (ARAPAHOE AVE) TO

PEDESTRIAN UNDERPASS STR D-15-O IN

036B 37.303 37.601 013 NRA FROM PEDESTRIAN UNDERPASS STR D-

15-O, TO BASELINE RD INTERCHANGE (SH

36 SPUR W)

036B 37.601 45.177 13 FW FROM BASELINE RD INTERCHANGE (SH 36

SPUR W) IN BOULDER TO THE BOULDER-

BROOMFIELD CO LINE

036B 45.177 49.404 14 FW FROM BOULDER-BROOMFIELD CO LINE TO

THE BROOMFIELD-JEFFERSON CO LINE

036B 49.404 52.703 59 FW FROM BROOMFIELD-JEFFERSON CO LINE

TO THE JEFFERSON-ADAMS CO LINE

036B 52.703 57.252 001 FW FROM JEFFERSON/ADAMS CO LINE TO I-25

INTERCHANGE, END SH 36B

036C 76.394 79.730 001 RB FROM I-70 INTERCHANGE (AIRPARK RD)

TO JCT I-70 WATKINS BUS SPUR

036C 79.730 88.000 001 RB FROM JCT I-70 WATKINS BUS SPUR TO

4414 FEET WEST OF JCT SH 79 IN

BENNETT

036C 88.000 89.21 001 NRB FROM 4414 FEET WEST OF JCT SH 79 TO

JCT SH 79 (1ST ST) IN BENNETT, END SH 36C

036D 89.210 90.319 001 NRB FROM JCT SH 79 TO COUNTY RD 34N

(KIOWA RD) IN BENNETT

036D 90.319 93.985 001 RB FROM COUNTY RD 34N TO

ADAMS/ARAPAHOE CO LINE

036D 93.985 94.000 005 RB FROM ADAMS/ARAPAHOE CO LINE TO

4921 FEET WEST OF BURTON DR IN

STRASBURG

036D 94.000 95.004 005 NRC FROM 4921 FEET WEST OF BURTON DR

TO JCT I-70 STRASBURG BUS SPUR

036D 95.004 95.324 005 NRC FROM JCT I-70 STRASBURG BUS SPUR TO

COMMANCHE CREEK STR F-19-B IN

STRASBURG

036D 95.324 100.758 005 RB FROM COMMANCHE CREEK STR F-19-B TO

FETZER ST IN BYERS

036D 100.758 100.975 005 NRB FROM FETZER ST TO JCT SH 40 IN BYERS

036D 100.975 100.995 005 NRB FROM JCT SH 40 TO I-70 INTERCHANGE

(BYERS)

036D 100.995 101.122 005 NRB FROM I-70 INTERCHANGE (BYERS) TO

COUNTY RD 6

036D 101.122 109.004 005 RA FROM COUNTY RD 6 TO

ARAPAHOE/ADAMS CO LINE

036D 109.004 115.353 001 RA FROM ARAPAHOE/ADAMS CO LINE TO

ADAMS/ARAPAHOE CO LINE

036D 115.353 127.183 005 RA FROM ADAMS/ARAPAHOE CO LINE TO

ARAPAHOE/ADAMS CO LINE

036D 127.183 129.571 001 RA FROM ARAPAHOE/ADAMS CO LINE TO

ADAMS COUNTY RD 72 AT

ADAMS/WASHINGTON CO LINE

036D 129.571 135.583 121 RA FROM ADAMS COUNTY RD 72 AT

ADAMS/WASHINGTON CO LINE TO JCT SH

71 (LAST CHANCE)

036D 135.583 155.614 121 RA FROM JCT SH 71 (LAST CHANCE) TO JCT

SH 63 (ANTON)

036D 155.614 177.055 121 RA FROM JCT SH 63 (ANTON) TO 1ST ST

(COUNTY RD XX.4) AND MONROE AVE

(COUNTY RD 6.9)

036D 177.055 177.559 121 NRB FROM 1ST ST (COUNTY RD XX.4) AND

MONROE AVE (COUNTY RD 6.9) TO

LINCOLN AVE (COUNTY RD 6.3)

036D 177.559 178.048 121 RA FROM LINCOLN AVE (COUNTY RD 6.3) TO

JCT SH 59

036D 178.048 180.404 121 RA FROM JCT SH 59 TO WASHINGTON

COUNTY RD AAA AT WASHINGTON/YUMA

036D 180.404 185.382 125 RA FROM WASHINGTON COUNTY RD AAA AT

WASHINGTON/YUMA CO LINE TO JCT SH

036D 185.382 211.109 125 RA FROM JCT SH 59 (COPE) TO JCT SH 385

(IDALIA)

036D 211.109 213.654 125 RA FROM JCT SH 385 TO JCT SH 385

036D 213.654 224.718 125 RA FROM JCT SH 385 TO COLORADO-KANSAS

STATE LINE, END SH 36D

036E 0.000 0.357 013 NRA FROM SH 36 INTERCHANGE (BASELINE

RD) TO JCT SH 93 IN BOULDER, END SH 36E

036Z 0.000 0.299 013 NRB FROM JCT SH 36 END OF EB 1-WAY (BEGIN

1-WAY WB) TO JCT SH 36 END WB 1-WAY

IN LYONS, END SH 36Z

039A 0.000 7.571 087 RB FROM JCT SH 6 AND JCT SH 52 TO JCT SH

144 (GOODRICH), END SH 39A

040A 0.000 2.835 081 RA FROM UTAH-COLORADO STATE LINE TO

ANTRODEMUS ALLEY IN DINOSAUR

040A 2.835 2.913 081 NRB FROM ANTRODEMUS ALLEY TO JCT SH 64

IN DINOSAUR

040A 2.913 3.247 081 NRB FROM JCT SH 64 TO TYRANNASAURUS

TRAIL IN DINOSAUR

040A 3.247 59.781 081 RA FROM TYRANNASAURUS TRAIL IN

DINOSAUR TO JCT SH 318

040A 59.781 59.953 081 RA FROM JCT SH 318 TO COWEOL RD IN

MAYBELL

040A 59.953 60.090 081 NRA FROM COWEOL RD IN MAYBELL TO 7667

FEET EAST OF DECEPTION CREEK STR B-

04-C

040A 60.090 87.469 081 RA FROM 7667 FEET EAST OF DECEPTION

CREEK STR B-04-C TO 1669 FEET WEST

OF COUNTY RD 30

040A 87.469 89.322 081 NRA FROM 1669 FEET WEST OF COUNTY RD 30

TO JCT SH 13

040A 89.322 90.358 081 NRA FROM JCT SH 13 TO JCT SH 40 (END WB 1-

WAY, VICTORY WAY) BEGIN 1-WAY EB,

PERSHING AVE IN CRAIG

040A 90.358 90.531 081 NRA FROM JCT SH 40 (END WB 1-WAY,

VICTORY WAY) BEGIN 1-WAY, PERSHING

AVE TO JCT SH 394 (RANNEY ST)

040A 90.531 90.589 081 NRA FROM JCT SH 394 (RANNEY ST) TO

TAYLOR ST IN CRAIG

040A 90.589 90.838 081 NRB FROM TAYLOR ST TO JCT SH 13 (YAMPA

ST) IN CRAIG

040A 90.838 91.262 081 NRB FROM JCT SH 13 (YAMPA ST) TO JCT SH 40

(VICTORY WAY) BEGIN 1-WAY WB (END 1-

WAY EB)

040A 91.262 91.718 081 NRB FROM JCT SH 40 (VICTORY WAY) BEGIN 1-

WAY WB (END 1-WAY EB) TO MC COY AVE

IN CRAIG

040A 91.718 93.000 081 NRA FROM MC COY AVE IN CRAIG TO 3733

WEST OF COUNTY RD 225

040A 93.000 97.648 081 RA FROM 3733 FEET WEST OF COUNTY RD

225 TO MOFFAT/ROUTT CO LINE

040A 97.648 107.030 107 RA FROM MOFFAT/ROUTT CO LINE TO DRY

CREEK STR C-07-D

040A 107.030 108.380 107 NRB FROM DRY CREEK STR C-07-D TO D&RGW

RAILROAD CROSSING 254-329N AND

SHELTON DITCH STR C-08-a 040A 108.380 128.000 107 RA FROM D&RGW RAILROAD CROSSING 254- 329N AND SHELTON DITCH STR C-08-A TO 2281 FT EAST OF CO RD 204N 040A 128.000 129.000 107 NRA FROM 2281 FEET EAST OF COUNTY RD 204N TO 8775 FEET WEST OF ELK RIVER 040A 129.000 135.862 107 NRB FROM 8775 FEET WEST OF ELK RIVER RD TO 2022 FEET EAST OF SIBLEY RD IN STEAMBOAT SPRINGS 040A 135.862 136.515 107 NRA FROM 2022 FEET EAST OF SIBLEY RD TO JCT SH 131 040A 136.515 151.807 107 RA FROM JCT SH 131 TO ROUTT/GRAND CO 040A 151.807 154.070 049 RA FROM ROUTT/GRAND CO LINE TO RABBIT EARS PASS AT GRAND/JACKSON CO LINE 040A 154.070 157.317 057 RA FROM RABBIT EARS PASS AT GRAND/JACKSON CO LINE TO JCT SH 14 AT JACKSON/GRAND CO LINE 040A 157.317 178.257 049 RA FROM JCT SH 14 AT JACKSON/GRAND CO LINE TO JCT SH 134 040A 178.257 184.005 049 RA FROM JCT SH 134 TO 391 FEET WEST OF SPRUCE ST IN KREMMLING 040A 184.005 184.529 049 NRB FROM 391 FEET WEST OF SPRUCE ST IN KREMMLING TO JCT SH 9 040A 184.529 185.281 049 NRA FROM JCT SH 9 TO AIRPORT RD IN KREMMLING 040A 185.281 201.429 049 RA FROM AIRPORT RD IN KREMMLING TO 855 FEET WEST OF PARK ST IN HOT SULPHUR 040A 201.429 203.000 049 NRA FROM 855 FEET WEST OF PARK ST TO 2450 FEET WEST OF COLORADO RIVER STR D-12-S 040A 203.000 209.165 049 RA FROM 2450 FEET WEST OF COLORADO RIVER STR D-12-S TO JCT SH 125 040A 209.165 211.876 049 RA FROM JCT SH 125 TO MESA ST IN GRANBY 040A 211.876 212.502 049 NRB FROM MESA ST TO SIXTH ST AND COUNTY RD 60 IN GRANBY 040A 212.502 226.324 049 RA FROM SIXTH ST AND COUNTY RD 60 IN GRANBY TO COUNTY RD 8 040A 226.324 230.333 049 NRB FROM COUNTY RD 8 TO 3760 FEET EAST OF VASQUEZ RD IN FRASER 040A 230.333 231.000 049 RA FROM 3760 FEET EAST OF VASQUEZ RD TO 380 FEET WEST OF FRASER RIVER STR E-13-V 040A 231.000 233.000 049 RB FROM 380 FEET WEST OF FRASER RIVER STR E-13-V TO 824 FEET EAST OF WINTER PARK DR 040A 233.000 242.972 049 RA FROM 824 FEET EAST OF WINTER PARK DR TO BERTHOUD PASS AT GRAND/CLEAR CREEK CO LINE 040A 242.972 255.885 019 RA FROM BERTHOUD PASS AT GRAND/CLEAR CREEK CO LINE TO 855 FEET WEST OF G ST IN EMPIRE 040A 255.885 256.491 019 NRB FROM 855 FEET WEST OF G ST TO A ST IN EMPIRE 040A 256.491 258.258 019 RA FROM A ST IN EMPIRE TO JCT I-70, END SH 40A 040B 269.441 272.210 019 RA FROM JCT SH 6 TO CLEAR CREEK/JEFFERSON CO LINE 040B 272.210 274.000 059 RA FROM CLEAR CREEK/JEFFERSON CO LINE TO 597 FEET EAST OF BEAVER BROOK STR F-15-Q 040B 274.000 276.180 059 RB FROM 597 FEET EAST OF BEAVER BROOK STR F-15-Q TO I-70 INTERCHANGE (EL RANCHO - WEST)

040B 276.180 276.92 059 RB FROM I-70 INTERCHANGE (EL RANCHO -

WEST) TO JCT SH 74, END SH 40B

040C 279.208 284.676 059 RB FROM I-70 INTERCHANGE (GENESEE) TO

JCT NORTH RAMPS OF I-70 AT JEFFERSON

CR-123 INTERCHANGE

040C 284.676 285.867 059 RA FROM NORTH RAMPS OF I-70 AT

JEFFERSON CR-123 INTERCHANGE TO 132

FEET WEST OF ZETA ST IN GOLDEN

040C 285.867 286.335 059 NRB FROM 132 FEET WEST OF ZETA ST TO 312

FEET EAST OF ROONEY RD (COUNTY RD

53. IN GOLDEN

040C 286.335 286.849 059 NRA FROM 312 FEET EAST OF ROONEY RD

(COUNTY RD 53) TO JCT SH 6 (6TH AVE)

040C 286.849 287.893 059 NRA FROM JCT SH 6 (6TH AVE) TO I-70

INTERCHANGE (COLFAX AVE)

040C 287.893 289.987 059 NRA FROM I-70 INTERCHANGE (COLFAX AVE)

TO VIEWPOINT RD IN LAKEWOOD

040C 289.987 291.444 059 NRB FROM VIEWPOINT RD TO JCT SH 391

(KIPLING ST) IN LAKEWOOD

040C 291.444 292.943 059 NRB FROM JCT SH 391 (KIPLING ST) TO JCT SH

121 (WADSWORTH BLVD) IN LAKEWOOD

040C 292.943 294.273 059 NRB FROM JCT SH 121 (WADSWORTH BLVD) TO

JCT SH 95 (SHERIDAN BLVD) AT

040C 294.273 295.913 031 NRC FROM JCT SH 95 (SHERIDAN BLVD) AT

JEFFERSON/DENVER CO LINE TO IRVING

ST IN DENVER

040C 295.913 296.157 031 EX FROM IRVING ST TO SH 287/SH 88

INTERCHANGE (FEDERAL BLVD) IN

040C 296.157 297.000 031 EX FROM 287/SH 88 INTERCHANGE (FEDERAL

BLVD) TO 1114 FEET WEST OF 8TH ST IN

040C 297.000 297.211 031 NRC FROM 1114 FEET WEST OF 8TH ST TO 8TH

ST IN DENVER

040C 297.211 300.625 031 NRC FROM 8TH ST, ALONG COLFAX BLVD TO

JCT SH 2 (COLORADO BLVD) IN DENVER

040C 300.625 303.607 031 NRC FROM JCT SH 2 (COLORADO BLVD) TO

YOSEMITE ST AT DENVER/ADAMS CO LINE

040C 303.607 306.284 001 NRC FROM YOSEMITE ST AT DENVER/ADAMS

CO LN TO TOLL GATE CREEK STR F-17-GO

EB AND F-17-GA WB

040C 306.284 306.341 001 NRC FROM TOLL GATE CREEK STR F-17-GO EB

AND F-17-GA WB TO I-225 INTERCHANGE

040C 306.341 307.135 001 NRC FROM I-225 INTERCHANGE TO CHAMBERS

RD IN AURORA

040C 307.135 308.000 001 RA FROM CHAMBERS RD TO 3221 FEET EAST

OF JASPER ST AT ADAMS/ARAPAHOE CO

LINE IN AURORA

040C 308.000 308.573 005 RA FROM 3221 FEET EAST OF JASPER ST AT

ADAMS/ARAPAHOE CO LINE TO BUCKLEY

RD (AIRPORT BLVD) IN AURORA

040C 308.573 312.142 005 NRA FROM BUCKLEY RD (AIRPORT BLVD) TO

JCT I-70, END SH 40C

040D 338.570 340.381 005 RB FROM JCT SH 36 TO COUNTY RD 185.00,

END SH 40D

040E 346.29 349.949 005 RB FROM JCT I-70 FRONTAGE RD TO 1985

FEET WEST OF IVY ST IN BYERS

040E 349.949 350.862 005 NRB FROM 1985 FEET WEST OF IVY ST IN

BYERS TO JCT I-70 (DEER TRAIL BUS

SPUR)

040E 350.862 351.180 005 NRB FROM JCT I-70 (DEER TRAIL BUS SPUR) TO

232 FEET EAST OF BURTON ST IN BYERS

040E 351.180 352.245 005 RB FROM 232 FEET EAST OF BURTON ST IN

BYERS TO JCT I-70 FRONTAGE RD, END

SH 40E

040F 360.201 362.999 039 RB FROM JCT I-70 FRONTAGE RD TO JCT I-70

AGATE BUS SPUR, END SH 40F

040G 380.689 382.002 039 RB FROM JCT I-70 FRONTAGE RD TO

ELBERT/LINCOLN CO LINE

040G 382.002 382.184 073 RB FROM ELBERT/LINCOLN CO LINE TO SH 24

INTERCHANGE (LIMON), END SH 40G

040H 386.01 398.846 073 RA FROM I-70 INTERCHANGE

(LIMON/HUGO/KIT CARSON) TO 1ST AVE IN

HUGO

040H 398.846 399.627 073 NRB FROM 1ST AVE TO 9TH AVE IN HUGO

040H 399.627 422.140 073 RA FROM 9TH AVE IN HUGO TO

LINCOLN/CHEYENNE CO LINE

040H 422.140 425.472 017 RA FROM LINCOLN/CHEYENNE CO LINE TO

JCT SH 94

040H 425.472 444.645 017 RA FROM JCT SH 94 TO 875 FEET WEST OF

FOREST AVE IN KIT CARSON

040H 444.645 445.142 017 NRB FROM 875 FEET WEST OF FOREST AVE TO

JCT SH 59 IN KIT CARSON

040H 445.142 445.646 017 NRB FROM JCT SH 59 TO 238 FEET EAST OF

YOUNG ST IN KIT CARSON

040H 445.646 446.051 017 RA FROM 238 FEET EAST OF YOUNG ST IN KIT

CARSON TO JCT SH 287

040H 446.051 469.307 017 RA FROM JCT SH 287 TO 1260 FEET WEST OF

6TH ST IN CHEYENNE WELLS

040H 469.307 470.311 017 NRA FROM 1260 FEET WEST OF 6TH ST TO JCT

SH 385 IN CHEYENNE WELLS

040H 470.311 470.885 017 NRA FROM JCT SH 385 TO JCT SH 385 IN

CHEYENNE WELLS

040H 470.885 486.924 017 RA FROM JCT SH 385 TO COLORADO-KANSAS

STATE LINE, END SH 40H

040Z 0.000 0.323 081 NRB FROM JCT SH 40 (END 1-WAY EB) BEGIN 1-

WAY WB TO JCT SH 13 (YAMPA ST) IN

CRAIG

040Z 0.323 0.631 081 NRB FROM JCT SH 13 (YAMPA ST) TO JCT SH

394 IN CRAIG

040Z 0.631 0.73 081 NRB FROM JCT SH 394 TO JCT SH 40 (BEGIN 1-

WAY EB) END 1-WAY WB IN CRAIG, END

SH 40Z

041A 0.000 9.505 083 RB FROM JCT SH 160 TO COLORADO-UTAH

STATE LINE, END SH 41A

042A 0.000 4.876 013 NRA FROM JCT SH 7 TO JCT SH 287, END SH 42A

044A 0.000 1.800 001 NRB FROM JCT SH 2 TO JCT SH 85 IN

COMMERCE CITY

044A 1.800 2.000 001 NRB FROM JCT SH 85 TO 1058 FEET WEST OF

JCT SH 85

044A 2.000 3.512 001 NRB FROM 1056 FEET WEST OF JCT SH 85 TO

2624 FEET WEST OF SOUTH PLATTE

RIVER STR E-17-BZ

044A 3.512 4.958 001 NRB FROM 2624 FEET WEST OF SOUTH PLATTE

RIVER STR E-17-BZ TO COLORADO BLVD,

END SH 44A

045A 0.000 3.141 101 NRA FROM I-25 INTERCHANGE (PUEBLO BLVD)

TO JCT SH 78 IN PUEBLO

045A 3.141 4.734 101 NRA FROM JCT SH 78 TO JCT SH 96

(THATCHER AVE) IN PUEBLO

045A 4.734 8.734 101 EX FROM JCT SH 96 (THATCHER AVE) IN

PUEBLO TO JCT SH 50, END SH 45A

046A 0.000 6.610 047 RA FROM JCT SH 119 TO COUNTY ROAD 70 AT

GILPIN/JEFFERSON CO LINE, END SH 46A

047A 0.000 0.665 101 NRA FROM I-25 INTERCHANGE (SH 50 WEST) IN

PUEBLO TO RAMP OFF

047A 0.665 4.635 101 EX FROM RAMP OFF TO SH 50 INTERCHANGE

(4TH ST/EASTERN AVE) IN PUEBLO, END

SH 47A

050A 31.76 32.069 077 NRA FROM JCT I-70 GRAND JUNCTION BUS

LOOP (UTE AVE) TO JCT I-70 GRAND

JUNCTION BUS LOOP (PITKIN AVE)

050A 32.069 37.882 077 NRA FROM JCT I-70 GRAND JUNCTION BUS

LOOP (PITKIN AVE) TO COUNTY 31 RD IN

050A 37.882 38.504 077 RA FROM COUNTY RD 31 TO JCT SH 141

050A 38.504 41.137 077 RA FROM JCT SH 141 TO JCT SH 141

050A 41.137 52.950 077 EX FROM JCT SH 141 TO MESA/DELTA CO

050A 52.950 65.042 029 EX FROM MESA/DELTA CO LINE TO 500 FEET

EAST OF COUNTY ROAD G.5

050A 65.042 71.000 029 NRA FROM 500 FEET OF COUNTY ROAD G.5 TO

JCT SH 92

050A 71.000 74.026 029 NRA FROM JCT SH 92 TO 150 FEET EAST OF

COUNTY ROAD 17.00 (ASH MESA ROAD)

050A 74.026 77.875 029 EX FROM 150 FEET EAST OF COUNTY RD

17.00 TO DELTA/MONTROSE CO LINE

050A 77.875 81.222 085 EX FROM DELTA/MONTROSE CO LINE TO 1320

FEET NORTH OF JCT SH 50 D (OLATHE

BUS LOOP)

050A 81.222 83.492 085 RA FROM 1320 NORTH OF JCT SH 50

D(OLATHE BUS LOOP) TO FALCON ROAD

050A 83.492 87.737 085 EX FROM FALCON ROAD TO COUNTY ROAD

JJ 050A 87.737 91.878 085 NRA FROM COUNTY ROAD JJ TO SAN JUAN

AVENUE

050A 91.878 93.558 085 NRA FROM SAN JUAN AVENUE TO EAST MAIN

STREET (MONTROSE)

050A 93.558 97.241 085 NRA EAST MAIN STREET (MONTROSE) TO

ROAD N (6900 ROAD) IN MONTROSE

050A 97.241 100.549 085 RA FROM ROAD N (6900 ROAD) IN MONTROSE

TO JCT SH347

050A 100.549 116.678 085 RA FROM JCT SH 347 TO

MONTROSE/GUNNISON CO LINE

050A 116.678 131.129 051 RA FROM MONTROSE/GUNNISON CO LINE TO

JCT SH 92

050A 131.129 148.052 051 RA FROM JCT SH 92 TO JCT SH 149

050A 148.052 156.255 051 RA FROM JCT SH 149 TO 686 FEET WEST OF

RIO GRANDE AVE IN GUNNISON

050A 156.255 157.394 051 NRB FROM 686 FEET WEST OF RIO GRANDE

AVE TO JCT SH 135 IN GUNNISON

050A 157.394 158.000 051 NRB FROM JCT SH 135 IN GUNNISON TO 6537

FEET WEST OF COUNTY RD 72

050A 158.000 165.601 051 RA FROM 6537 FEET WEST OF COUNTY RD 72

TO JCT SH 114

050A 165.601 181.596 051 RA FROM JCT SH 114 TO

GUNNISON/SAGUACHE CO LINE

050A 181.596 190.607 109 RA FROM GUNNISON/SAGUACHE CO LINE TO

SAGUACHE/GUNNISON CO LINE

050A 190.607 199.285 051 RA FROM SAGUACHE/GUNNISON CO LINE TO

MONARCH PASS AT GUNNISON/CHAFFEE

050A 199.285 216.596 015 RA FROM MONARCH PASS AT

GUNNISON/CHAFFEE CO LINE TO 2059

FEET WEST OF JCT US 285 IN PONCHA

050A 216.596 217.401 015 NRA FROM JCT SH 285 TO JCT SH 285 IN

PONCHA SPRINGS

050A 217.401 220.000 015 NRA FROM JCT SH 285 TO 1510 FEET WEST OF

COUNTY RD 125

050A 220.000 222.384 015 NRA FROM 1510 FEET WEST OF COUNTY RD

125 TO JCT SH 291

050A 222.384 223.419 015 NRA FROM JCT SH 291 TO COUNTY RD 105

050A 223.419 225.578 015 RA FROM COUNTY RD 105 TO

CHAFFEE/FREMONT CO LINE

050A 225.578 233.620 043 RA FROM CHAFFEE/FREMONT CO LINE TO

COUNTY RD 4 AND COUNTY RD 45

(HOWARD JUNCTION)

050A 233.620 233.779 043 NRA FROM COUNTY RD 4 AND COUNTY RD 45

(HOWARD JUNCTION) TO HOWARD CREEK

STR K-13-R

050A 233.779 252.663 043 RA FROM HOWARD CREEK STR K-13-R TO

JCT SH 69 (TEXAS CREEK)

050A 252.663 269.130 043 RA FROM JCT SH 69 (TEXAS CREEK) TO JCT

SH 9

050A 269.130 278.000 043 RA FROM JCT SH 9 TO 79 FEET WEST OF

FIRST ST IN CANON CITY

050A 278.000 278.704 043 NRC FROM 79 FEET WEST OF FIRST ST TO JCT

SH 115 IN CANON CITY

050A 278.704 279.222 043 NRC FROM JCT SH 115 TO 15TH ST IN CANON

CITY

050A 279.222 279.374 043 NRA FROM 15TH ST TO MAIN ST IN CANON CITY

050A 279.374 280.307 043 NRA FROM E MAIN ST TO RAYNOLDS AVE IN

CANON CITY

050A 280.307 281.898 043 RA FROM RAYNOLDS AVE TO MACKENZIE

AVE (COUNTY RD 20)

050A 281.898 285.633 043 EX FROM MACKENZIE AVE (COUNTY RD 20)

TO JCT SH 67

050A 285.633 289.769 043 EX FROM JCT SH 67 TO SH 115 INTERCHANGE

(PENROSE/COLORADO SPRINGS)

050A 289.769 294.339 043 EX FROM SH 115 INTERCHANGE

(PENROSE/COLORADO SPRINGS) TO JCT

SH 120

050A 294.339 296.136 043 EX FROM JCT SH 120 TO FREMONT/PUEBLO

050A 296.136 312.088 101 EX FROM FREMONT/PUEBLO CO LINE TO JCT

SH 45

050A 312.088 312.925 101 EX FROM JCT SH 45 TO 327 FEET EAST OF

ATSF RAILROAD STR K-18-BL

050A 312.925 314.598 101 NRA FROM 327 FEET EAST OF ATSF RAILROAD

STR K-18-BL TO I-25 INTERCHANGE (SH 50

WEST), END SH 50A

050B 315.709 318.707 101 EX FROM I-25 INTERCHG (SH 50 EAST) TO 4TH

ST/EASTERN AVE INTERCHANGE (SH 47

NW AND SH 96 SW) IN PUEBLO

050B 318.707 322.130 101 EX FROM 4TH ST/EASTERN AVE

INTERCHANGE (SH 47 NW AND SH 96 SW)

IN PUEBLO TO JCT SH 233 (BAXTER)

050B 322.130 324.229 101 EX FROM JCT SH 233 TO JCT SH 231 (DEVINE)

050B 324.229 329.334 101 EX FROM JCT SH 231 (DEVINE) TO JCT SH 96

050B 329.334 332.246 101 RA FROM JCT SH 96 TO JCT SH 50 (PUEBLO

BUS LOOP)

050B 332.246 335.764 101 RA FROM JCT SH 50 (PUEBLO BUS LOOP) TO

JCT SH 209

050B 335.764 348.843 101 RA FROM JCT SH 209 TO PUEBLO/OTERO CO

050B 348.843 350.710 089 RA FROM PUEBLO/OTERO CO LINE TO

CRANSTON AVE (COUNTY RD LL.3) IN

FOWLER

050B 350.710 350.909 089 NRA FROM CRANSTON AVE (COUNTY RD LL.3)

TO JCT SH 167 (MAIN ST) IN FOWLER

050B 350.909 351.321 089 NRA FROM JCT SH 167 (MAIN ST) TO 781 FEET

WEST OF COUNTY ROADS LL.4 AND 3.5

050B 351.321 359.308 089 RA FROM 781 FEET WEST OF COUNTY ROADS

LL.4 AND 3.5 TO COUNTY RD 11.10

050B 359.308 359.712 089 NRA FROM COUNTY RD 11.10 TO JCT SH 207 IN

MANZANOLA

050B 359.712 360.013 089 NRA FROM JCT SH 207 TO 1315 FEET WEST OF

CATLIN CANAL STR L-21-K

050B 360.013 366.970 089 RA FROM 1315 FEET WEST OF CATLIN CANAL

STR L-21-K TO JCT SH 71

050B 366.970 368.047 089 RA FROM JCT SH 71 BEGIN 1-WAY EB TO 174

FEET EAST OF COUNTY RD 18.9

050B 368.047 368.109 089 NRA FROM 174 FEET EAST OF COUNTY RD 18.9

TO JCT SH 202 (2ND ST)

050B 368.109 368.930 089 NRA FROM JCT SH 202 (2ND ST) TO JCT SH 71

AND JCT SH 266 IN ROCKY FORD

050B 368.930 369.238 089 NRA FROM JCT SH 71 AND JCT SH 266 TO

RAILROAD AVE IN ROCKY FORD

050B 369.238 369.420 089 RA FROM RAILROAD AVE TO JCT SH 50

(BEGIN 1-WAY WB) END 1-WAY EB

050B 369.420 374.349 089 RA FROM JCT SH 50 TO REYNOLDS AVE IN

SWINK

050B 374.349 374.839 089 NRA FROM REYNOLDS AVE TO 433 FEET WEST

OF SWINK DR

050B 374.839 376.952 089 RA FROM 433 FEET WEST OF SWINK DR TO

CROOKED ARROYO STRS M-22-K EB AND

M-22-A WB IN LA JUNTA

050B 376.952 378.419 089 NRA FROM CROOKED ARROYO STRS M-22-K

EB AND M-22-A WB TO JCT SH 10 IN LA

050B 378.419 379.041 089 NRA FROM JCT SH 10 TO JCT SH 350 IN LA

050B 379.041 380.861 089 NRA FROM JCT SH 350 TO MALOUFF AVE IN LA

050B 380.861 388.750 089 RA FROM MALOUFF AVE TO OTERO COUNTY

RD 37 AT OTERO/BENT CO LINE

050B 388.750 398.007 011 RA FROM OTERO COUNTY RD 37 AT

OTERO/BENT CO LINE TO OAK AVE IN LAS

ANIMAS

050B 398.007 398.769 011 NRA FROM OAK AVE TO JCT SH 101 IN LAS

ANIMAS

CATEGORY ASSIGNMENTS – PART 3 OF 5

050B 398.769 399.940 011 NRA FROM JCT SH 101 IN LAS ANIMAS TO

ARKANSAS RIVER STRS L-24-D EB

AND L-24-A WB

050B 399.940 404.627 011 RA FROM ARKANSAS RIVER STRS L-24-

D EB AND L-24-A WB TO JCT SH 183

050B 404.627 420.744 011 RA FROM JCT SH 183 TO JCT SH 196

050B 420.744 426.710 011 RA FROM JCT SH 196 TO BENT COUNTY

RD 36 AT BENT/PROWERS CO LINE

050B 426.710 427.737 099 RA FROM BENT COUNTY RD 36 AT

BENT/PROWERS CO LINE TO WILEY

JUNCTION INTERCHANGE (SH 287 N)

050B 427.737 433.499 099 RA FROM WILEY JUNCTION

INTERCHANGE (SH 287 N) TO JCT

SH 196

050B 433.499 434.117 099 RA FROM JCT SH 196 TO ARKANSAS

RIVER STRS L-26-H EB AND L-26-BW

WB 050B 434.117 435.390 099 NRB FROM ARKANSAS RIVER STRS L-26-

H EB AND L-26-BW WB TO JCT SH

287 IN LAMAR

050B 435.390 436.262 099 NRB FROM JCT SH 287 TO 2365 FEET

WEST OF COUNTY RD 9

050B 436.262 436.709 099 NRB FROM JCT CAMINO DE SANTA FE

2360 FEET EAST TO COUNTY RD 9

050B 436.709 452.559 099 RA FROM COUNTY RD 9 TO INGE ST IN

GRANADA

050B 452.559 452.769 099 NRB FROM INGE ST TO JCT SH 385 (MAIN

ST) IN GRANADA

050B 452.769 452.964 099 NRB FROM SH 385 (MAIN ST) TO

HOISINGTON ST IN GRANADA

050B 452.964 462.740 099 RA FROM HOISINGTON ST IN GRANADA

TO 11TH ST IN HOLLY

050B 462.740 463.506 099 NRA FROM 11TH ST IN HOLLY TO JCT SH

050B 463.506 467.583 099 RA FROM JCT SH 89 TO COUNTY RD 39

AT COLORADO-KANSAS STATE

LINE, END SH 50B

050C 0.000 0.485 101 NRC FROM JCT SH 96 (4TH ST) TO

GRAND AVE IN PUEBLO

050C 0.485 2.308 101 NRB FROM GRAND AVE IN PUEBLO TO

JOPLIN ST INTERCHANGE (SH 227 N)

050C 2.308 2.990 101 NRB FROM JOPLIN ST INTERCHANGE (SH

227 N) TO BENT ST (COUNTY RD 70)

050C 2.990 3.749 101 NRC FROM BENT ST (COUNTY RD 70) TO

20 1/2 LANE (COUNTY RD 48)

050C 3.749 7.330 101 NRA FROM 20 1/2 LANE (COUNTY RD 48)

TO 301 FEET WEST OF JCT SH 233

050C 7.330 7.387 101 RA FROM 301 FEET WEST OF JCT SH

233 TO JCT SH 233

050C 7.387 8.936 101 RA FROM JCT SH 233 TO 35TH LANE

(COUNTY RD 35)

050C 8.936 9.449 101 NRB FROM 35TH LANE (COUNTY RD 35)

TO JCT SH 231 (VINELAND)

050C 9.449 10.000 101 NRB FROM JCT SH 231 (VINELAND) TO

269 FEET EAST OF COUNTY RD 37

050C 10.000 15.000 101 RA FROM 269 FEET EAST OF COUNTY

RD 37 TO 840 FEET EAST OF

COUNTY RD 482 (WILLIAMS)

050C 15.000 16.199 101 NRB FROM 840 FEET EAST OF COUNTY

RD 482 (WILLIAMS) TO DRAW STR L-

19-F

050C 16.199 16.948 101 RA FROM DRAW STR L-19-F TO JCT SH

50, END SH 50C

050D 0.000 0.936 085 NRB FROM JCT SH 50 TO JCT SH 348

(FIFTH ST) IN OLATHE

050D 0.936 1.539 085 NRB FROM JCT SH 348 (FIFTH ST) TO JCT

SH 50, END SH 50D

050Z 0.000 0.613 089 NRA FROM JCT SH 50 (END 1-WAY EB)

BEGIN 1-WAY WB TO JCT SH 266 IN

ROCKY FORD

050Z 0.613 1.433 089 NRA FROM JCT SH 266 TO JCT SH 202 IN

ROCKY FORD

050Z 1.433 2.603 089 NRA FROM JCT SH 202 IN ROCKY FORD

TO JCT SH 71 AND JCT SH 50 (END

1-WAY WB) BEGIN 1-WAY EB, END

SH 50Z

052A 0.000 1.000 013 NRA FROM JCT SH 119 IN BOULDER TO

1050 FEET WEST OF 79TH ST

052A 1.000 4.673 013 RA FROM 1050 WEST OF 79TH ST TO

JCT SH 287

052A 4.673 7.196 013 RA FROM JCT SH 287 TO BOULDER

COUNTY RD 901 AT BOULDER/WELD

052A 7.196 10.188 123 RA FROM BOULDER COUNTY RD 901 AT

BOULDER/WELD CO LINE TO

COUNTY RD 7

052A 10.188 11.167 123 NRA FROM COUNTY RD 7 TO I-25

INTERCHANGE (DACONO/FORT

LUPTON)

052A 11.167 15.471 123 NRA FROM I-25 INTERCHANGE

(DACONO/FORT LUPTON) TO

COUNTY RD 17

052A 15.471 18.440 123 RA FROM COUNTY RD 17 TO COUNTY

RD 23 (TRACYVILLE) IN FORT

LUPTON

052A 18.440 18.857 123 NRA FROM COUNTY RD 23 (TRACYVILLE)

TO LUPTON BOTTOM CANAL STR D-

17-H IN FORT LUPTON

052A 18.857 19.962 123 NRB FROM LUPTON BOTTOM CANAL STR

D-17-H TO SH 85 INTERCHANGE IN

FORT LUPTON

052A 19.962 20.452 123 NRB FROM SH 85 INTERCHANGE TO JCT

SH 85 (FORT LUPTON BUS LOOP) IN

FORT LUPTON

052A 20.452 23.430 123 NRB FROM JCT SH 85 (FORT LUPTON

BUS LOOP) TO 1 MILE EAST OF

COUNTY RD 31

052A 23.430 28.998 123 RA FROM 1 MILE EAST OF COUNTY RD

31 TO COUNTY RD 43.50

052A 28.998 29.277 123 NRA FROM COUNTY RD 43.50 TO I-76

INTERCHANGE (HUDSON)

052A 29.277 29.462 123 NRA FROM I-76 INTERCHANGE (HUDSON)

TO MAIN ST IN HUDSON

052A 29.462 30.196 123 NRB FROM MAIN ST TO JUNIPER ST IN

HUDSON

052A 30.196 41.939 123 RB FROM JUNIPER ST TO JCT SH 79

(PROSPECT VALLEY)

052A 41.939 42.000 123 NRA FROM JCT SH 79 (PROSPECT

VALLEY) TO 325 FEET EAST OF JCT

SH 79

052A 42.000 55.900 123 RB FROM 325 FEET EAST OF JCT SH 79

TO WELD/MORGAN CO LINE

052A 55.900 72.581 087 RB FROM WELD/MORGAN CO LINE TO

JCT SH 6 AND JCT SH 39, END SH 52A

052B 86.481 86.981 087 NRC FROM JCT SH 34 (PLATTE AVE) AND

MAIN ST IN FORT MORGAN TO JCT

SH 144

052B 86.981 87.161 087 NRC FROM JCT SH 144 TO I-76

INTERCHANGE (FORT MORGAN)

052B 87.161 87.221 087 NRC FROM I-76 INTERCHANGE (FORT

MORGAN) TO 315 FEET NORTH OF I-

052B 87.221 105.550 087 RB FROM 315 FEET NORTH OF I-76

INTERCHANGE TO MORGAN/WELD

052B 105.550 111.569 123 RB FROM MORGAN/WELD CO LINE TO

JCT SH 14, END SH 52B

052R 13.238 13.637 123 NRB FROM COLORADO AVE TO

FORREST ST IN DACONO (SH 52

SOUTH FRONTAGE ROAD)

053A 0.000 1.663 001 NRB FROM I-25 INTERCHANGE (58TH

AVE) TO JCT SH 224, END SH 53A

055A 0.000 2.417 075 RB FROM JCT SH 138 IN CROOK TO I-76

INTERCHANGE (CROOK)

055A 2.417 5.659 075 RB FROM I-76 INTERCHANGE (CROOK)

TO COUNTY RD 81, END SH 55A

056B 3 5.522 069 NRB FROM JCT SH 287 (BERTHOUD

BYPASS) TO LARIMER COUNTY RD

904 AT LARIMER/WELD CO LINE

056B 5.522 9.529 123 NRA FROM LARIMER COUNTY RD 904 AT

LARIMER/WELD CO LINE TO I-25

INTERCHANGE, END SH 56B

057A 0.000 0.488 063 NRB FROM I-70 INTERCHANGE

(STRATTON) TO JCT SH 24 IN

STRATTON

057A 0.488 0.534 063 NRB FROM JCT SH 24 IN STRATTON TO

JCT SH 24, END SH 57A

058A 0.000 5.627 059 FW FROM JCT SH 6 AND JCT SH 93 TO I-

70 INTERCHANGE (GOLDEN), END

SH 58A

059A 0.000 0.485 017 NRB FROM JCT SH 40 IN KIT CARSON TO

COUNTY RD M.5

059A 0.485 19.030 017 RB FROM COUNTY RD M.5 TO KIT

CARSON/CHEYENNE CO LINE

059A 19.030 41.028 063 RB FROM KIT CARSON/CHEYENNE CO

LINE TO I-70 INTERCHANGE

(SEIBERT)

059A 41.028 41.038 063 RB FROM I-70 INTERCHANGE (SEIBERT)

TO 1436 FEET SOUTH OF FOURTH

059A 41.038 41.479 063 NRB FROM 1436 FEET SOUTH OF

FOURTH ST TO JCT SH 24 (2ND ST)

059A 41.479 41.579 063 NRB FROM JCT SH 24 (2ND ST) TO 1ST

ST IN SEIBERT

059A 41.579 60.450 063 RB FROM 1ST ST IN SEIBERT TO

COUNTY RD 15.5 AT KIT

CARSON/WASHINGTON CO LINE

059A 60.450 67.142 121 RB FROM COUNTY RD 15.5 AT KIT

CARSON/WASHINGTON CO LINE TO

JCT SH 36 (COPE), END SH 59A

059B 74.474 105.931 125 RB FROM JCT SH 36 (JOES) TO 235

FEET SOUTH OF 12TH ST IN YUMA

059B 105.931 106.290 125 NRA FROM 235 FEET SOUTH OF 12TH ST

TO JCT SH 34 (8TH AVE) IN YUMA

059B 106.290 107.331 125 NRB FROM JCT SH 34 (8TH AVE) TO BN

RAILROAD CROSSING 057-314G IN

YUMA

059B 107.331 107.944 125 NRA FROM BN RAILROAD CROSSING 057-

314G TO 610 FEET SOUTH OF

CENTENNIAL RD

059B 107.944 133.637 125 RB FROM 610 FEET SOUTH OF

CENTENNIAL RD TO PHILLIPS

COUNTY RD 2 AT YUMA/PHILLIPS

059B 133.637 147.013 095 RB FROM PHILLIPS COUNTY RD 2 AT

YUMA/PHILLIPS CO LINE TO 400

FEET SOUTH OF 3RD ST IN HAXTUN

059B 147.013 147.088 095 NRA FROM 400 FEET SOUTH OF 3RD ST

TO 3RD ST IN HAXTUN

059B 147.088 147.218 095 NRB FROM 3RD ST TO JCT SH 6 (1ST ST)

IN HAXTUN

059B 147.218 147.814 095 NRB FROM JCT SH 6 (1ST ST) TO WILSON

ST IN HAXTUN

059B 147.814 147.839 095 NRA FROM WILSON ST IN HAXTUN TO

132 FEET NORTH OF WILSON ST

059B 147.839 158.661 095 RB FROM 132 FT NORTH OF WILSON ST

TO PHILLIPS CO RD 44 AND

SEDGWICK CO RD 2 AT

PHILLIPS/SEDGWICK CO LN

059B 158.661 171.070 115 RB FROM PHILLIPS CO RD 44 AND

SEDGWICK CO RD 2 AT

PHILLIPS/SEDGWICK CO LINE TO I-

059B 171.070 173.337 115 RB FROM I-76 INTERCHANGE TO JCT

SH 138, END SH 59B

060A 0.000 4.968 069 RB FROM JCT SH 287 TO I-25

SEPARATION, END SH 60A

060B 5.823 9.012 123 NRA FROM I-25 INTERCHANGE

(JOHNSTOWN/MILLIKEN) TO

MADDEN AVE IN JOHNSTOWN

060B 9.012 9.990 123 NRB FROM MADDEN AVE TO GW

RAILROAD CROSSING 849-354T IN

JOHNSTOWN

060B 9.990 10.204 123 NRA FROM GW RAILROAD CROSSING

849-354T TO 3265 FEET WEST OF

COUNTY RD 19

060B 10.204 11.298 123 RA FROM 3265 FEET WEST OF COUNTY

RD 19 TO 1930 FEET WEST OF

LITTLE THOMPSON STR C-17-C

060B 11.298 11.853 123 NRA FROM 1930 FEET WEST OF LITTLE

THOMPSON STR C-17-C TO JCT SH

060B 11.853 12.268 123 NRA FROM JCT SH 257 TO BROAD ST IN

MILLIKEN

060B 12.268 13.902 123 NRB FROM BROAD ST IN MILLIKEN TO

COUNTY ROAD 25

060B 13.902 16.573 123 RA FROM COUNTY RD 25 TO JCT SH

060B 16.573 20.203 123 RA FROM JCT SH 256 TO JCT SH 85,

END SH 60B

061A 0.000 0.515 121 NRB FROM JCT SH 34 (FIRST AVE) TO 80

FEET SOUTH OF AIRPORT COURT IN

OTIS

061A 0.515 21.708 121 RB FROM 80 FEET SOUTH OF AIRPORT

COURT TO LOGAN COUNTY RD 2 AT

WASHINGTON/LOGAN CO LINE

061A 21.708 40.393 075 RB FROM LOGAN COUNTY RD 2 AT

WASHINGTON/LOGAN CO LINE TO

3170 FEET SOUTH OF JCT SH 6

061A 40.393 40.993 075 NRA FROM 3170 FEET SOUTH OF JCT SH

6 TO JCT SH 6, END SH 61A

062A 0.000 12.628 113 RA FROM JCT SH 145 (PLACERVILLE)

TO SAN MIGUEL/OURAY CO LINE

062A 12.628 22.000 091 RA FROM SAN MIGUEL/OURAY CO LINE

TO 2434 FEET EAST OF COUNTY RD

24A (LOGHILL VILLAGE)

062A 22.000 22.221 091 NRA FROM 2434 FEET EAST OF COUNTY

RD 24A (LOGHILL VILLAGE) TO 1103

FEET EAST OF CLINTON ST IN

RIDGWAY

062A 22.221 23.414 091 NRB FROM 1103 FEET EAST OF CLINTON

ST TO JCT SH 550 IN RIDGWAY, END

SH 62A

063A 0.000 28.730 121 RB FROM JCT SH 36 (ANTON) TO 37

FEET SOUTH OF WHEAT ST IN

AKRON

063A 28.730 28.884 121 NRA FROM 37 FEET SOUTH OF WHEAT

ST TO N RAILROAD ST IN AKRON

063A 28.884 29.006 121 NRB FROM N RAILROAD ST TO JCT SH 34

(1ST AVE) IN AKRON

063A 29.006 29.490 121 NRB FROM JCT SH 34 (1ST AVE) TO 8TH

ST IN AKRON

063A 29.490 29.733 121 NRA FROM 8TH ST TO 1285 FEET NORTH

OF 8TH ST IN AKRON

063A 29.733 48.200 121 RB FROM 1285 FEET NORTH OF 8TH ST

IN AKRON TO LOGAN COUNTY RD 2

AT WASHINGTON/LOGAN CO LINE

063A 48.200 53.290 075 RB FROM LOGAN COUNTY RD 2 AT

WASHINGTON/LOGAN CO LINE TO I-

(ATWOOD/STERLING)

063A 53.290 56.412 075 RB FROM I-76 INTERCHANGE

(ATWOOD/STERLING) TO JCT SH 6

IN ATWOOD, END SH 63A

064A 0.000 1.838 081 RA FROM JCT SH 40 IN DINOSAUR TO

MOFFAT/RIO BLANCO CO LINE

064A 1.838 17.827 103 RA FROM MOFFAT/RIO BLANCO CO

LINE TO 723 FEET WEST OF RIDER

064A 17.827 18.143 103 NRA FROM 723 FEET WEST OF RIDER RD

TO STANOLIND AVE IN RANGELY

064A 18.143 19.792 103 NRB FROM STANOLIND AVE IN RANGELY

TO JCT SH 139

064A 19.792 22.000 103 NRA FROM JCT SH 139 TO 3004 FEET

EAST OF GILLAM DRAW STR D-02-E

064A 22.000 72.000 103 RA FROM 3004 FEET EAST OF GILLAM

DRAW STR D-02-E TO 2255 FEET

EAST OF COUNTY RD 32

064A 72.000 73.705 103 RB FROM MILEPOINT 72 TO JCT SH 13,

END SH 64A

065A 0.000 1.748 029 RA FROM JCT SH 92 TO COUNTY RD

19.75 IN ORCHARD CITY

065A 1.748 5.525 029 RA FROM COUNTY RD 19.75 TO

COUNTY RD M.40 IN ORCHARD CITY

065A 5.525 7.353 029 RA FROM COUNTY RD M.40 TO COUNTY

RD O.00 IN ORCHARD CITY

065A 7.353 9.727 029 RB FROM COUNTY RD OIN ORCHARD

CITY TO 1584 FEET NORTH OF

COUNTY RD 23.05

065A 9.727 11.540 029 NRA FROM 1584 FEET NORTH OF

COUNTY RD 23.05 TO COUNTY RD

R.75

065A 11.540 29.961 029 RA FROM COUNTY RD R.75 TO

DELTA/MESA CO LINE

065A 29.961 49.000 077 RA FROM DELTA/MESA CO LINE TO 993

FEET NORTH OF COUNTY RD J.25

065A 49.000 49.446 077 RB FROM 993 FEET NORTH OF COUNTY

RD J.25 TO COUNTY RD KE.00

(MESA)

065A 49.446 50.000 077 NRA FROM COUNTY RD KE.00 (MESA) TO

422 FEET SOUTH OF COUNTY RD

K.50

065A 50.000 51.169 077 RA FROM 422 FEET SOUTH OF COUNTY

RD K.50 TO JCT SH 330

065A 51.169 61.377 077 RA FROM JCT SH 330 TO I-70

INTERCHANGE (GRAND

MESA/COLLBRAN), END SH 65A

066B 28.693 34.071 013 RA FROM JCT SH 36 TO COUNTY RD 23

066B 34.071 36.622 013 NRA FROM COUNTY RD 23 TO JCT SH

287 (MAIN ST) IN LONGMONT

066B 36.622 38.921 013 NRA FROM JCT SH 287 (MAIN ST) IN

LONGMONT TO WELD COUNTY RD 1

AT BOULDER/WELD CO LINE

066B 38.921 42.000 123 RA FROM WELD COUNTY RD 1 AT

BOULDER/WELD CO LINE TO 390

FEET EAST OF COUNTY RD 7

066B 42.000 42.737 123 NRA FROM 390 FEET EAST OF COUNTY

RD 7 TO I-25 INTERCHANGE

(LONGMONT/LYONS)

066B 42.737 43.924 123 NRA FROM I-25 INTERCHANGE

(LONGMONT/LYONS) TO COUNTY

RD 11

066B 43.924 51.181 123 RA FROM COUNTY RD 11 TO DIVISION

ST IN PLATTEVILLE

066B 51.181 51.236 123 NRA FROM DIVISION ST IN PLATTEVILLE

TO JCT SH 85 (PLATTEVILLE BUS

LOOP)

066B 51.236 51.386 123 NRA FROM JCT SH 85 (PLATTEVILLE BUS

LOOP) TO JCT SH 85, END SH 66B

067A 0.000 1.575 027 RB FROM JCT SH 96 (WETMORE) TO

CUSTER/FREMONT CO LINE

067A 1.575 9.000 043 RB FROM CUSTER/FREMONT CO LINE

TO 5924 FEET SOUTH OF STR K-16-

AK 067A 9.000 10.000 043 RB FROM 5924 FEET SOUTH OF STR K-

16-AK TO 644 FEET SOUTH FROM

STR K-16-AK (FLORENCE)

067A 10.000 10.909 043 NRB FROM 644 FEET SOUTH FROM STR

K-16-AK TO D&RGW RAILROAD

CROSSING 253-165W IN FLORENCE

067A 10.909 11.047 043 NRC FROM D&RGW RAILROAD

CROSSING 253-165W TO JCT SH 115

IN FLORENCE, END SH 67A

067B 11.562 12.000 043 NRC FROM JCT SH 115 TO 987 FEET

NORTH FROM ARKANSAS RIVER

STR K-16-CG

067B 12.000 15.074 043 RB FROM 987 FEET NORTH FROM

ARKANSAS RIVER STR K-16-CG TO

JCT SH 50, END SH 67B

067C 45.560 46.000 119 NRB FROM 4TH ST AND VICTOR AVE IN

VICTOR TO 5.2 MILES SOUTH OF

WARREN AVE IN CRIPPLE CREEK

067C 46.000 50.736 119 RB FROM 5.2 MILES S OF WARREN AV

IN CRIPPLE CREEK TO 1256 FT S OF

WARREN AVE IN CRIPPLE CRK

067C 50.736 52.315 119 NRB FROM 1256 FEET SOUTH OF

WARREN AVE IN CRIPPLE CREEK

TO 2747 FEET SOUTH OF COUNTY

RD 82

067C 52.315 69.469 119 RB FROM 2747 FEET SOUTH OF

COUNTY RD 82 TO 2800 FEET

SOUTH OF JCT SH 24 (DIVIDE)

067C 69.469 69.652 119 NRB FROM 2800 FEET SOUTH OF JCT SH

24 TO JCT SH 24 (DIVIDE), END SH 67C

067D 76.92 78.022 119 NRB FROM JCT SH 24 TO KELLY'S RD

(COUNTY RD 71) IN WOODLAND

PARK

067D 78.022 79.067 119 NRB FROM KELLY'S RD (COUNTY RD 71)

TO TRIPLE B RANCH RD

067D 79.067 87.142 119 RA FROM TRIPLE B RANCH RD TO

TELLER/DOUGLAS CO LINE

067D 87.142 100.036 035 RA FROM TELLER/DOUGLAS CO LINE

TO COUNTY RD 75 AND COUNTY RD

126 (DECKERS), END SH 67D

067E 117.349 126.738 035 RA FROM RAMPART RANGE RD TO JCT

SH 105 (PERRY PARK RD)

067E 126.738 126.814 035 RA FROM JCT SH 105 PERRY PARK RD

TO EAST PLUM CREEK STR G-17-M

067E 126.814 127.449 035 NRB FROM EAST PLUM CREEK STR G-17-

M TO JCT SH 85 (SEDALIA), END SH 67E

069A 0.000 25.000 055 RB FROM JCT I-25 (WALSENBURG BUS

LOOP) TO 628 FEET SOUTH OF NO

NAME WASH STR M-16-C

069A 25.000 25.514 055 NRC FROM 628 FEET SOUTH OF NO

NAME WASH STR M-16-C TO

COUNTY RD 638 (GARDNER)

069A 25.514 42.156 055 RB FROM COUNTY RD 638 TO

HUERFANO/CUSTER CO LINE

069A 42.156 57.137 027 RB FROM HUERFANO/CUSTER CO LINE

TO 1816 FEET NORTH OF STR L-15-B

069A 57.137 58.705 027 NRB FROM 1816 FEET NORTH OF STR L-

15-B TO JCT SH 96 IN WESTCLIFFE

069A 58.705 58.990 027 NRC FROM JCT SH 96 TO NORTH AVE IN

WESTCLIFFE

069A 58.990 59.722 027 NRB FROM NORTH AVE IN WESTCLIFFE

TO COUNTY RD 170

069A 59.722 71.722 027 RB FROM COUNTY RD 170 TO

CUSTER/FREMONT CO LINE

069A 71.722 82.664 043 RB FROM CUSTER/FREMONT CO LINE

TO JCT SH 50 (TEXAS CREEK), END

SH 69A

070A 0.000 65.428 077 FW FROM UTAH-COLORADO STATE

LINE TO MESA/ GARFIELD CO LINE

070A 65.428 130.286 045 FW FROM MESA/GARFIELD CO LINE TO

GARFIELD/EAGLE CO LINE

070A 130.286 189.981 037 FW FROM GARFIELD/EAGLE CO LINE TO

EAGLE/SUMMIT CO LINE

070A 189.981 214.005 117 FW FROM EAGLE/SUMMIT CO LINE TO

SUMMIT/CLEAR CREEK CO LINE

070A 214.005 247.240 019 FW FROM SUMMIT/CLEAR CREEK CO

LINE TO CLEAR CREEK/JEFFERSON

070A 247.240 270.496 059 FW FROM CLEAR CREEK/JEFFERSON

CO LINE TO SH 95 INTERCHANGE AT

070A 270.496 282.563 031 FW FROM SH 95 INTERCHANGE AT

JEFFERSON/DENVER CO LINE TO I-

225 INTERCHANGE AT

070A 282.563 297.001 001 FW FROM I-225 INTERCHANGE AT

DENVER/ADAMS CO LINE TO

ADAMS/ARAPAHO CO LINE

070A 297.001 332.024 005 FW FROM ADAMS/ARAPAHOE CO LINE

TO ARAPAHOE/ELBERT CO LINE

070A 332.024 359.075 039 FW FROM ARAPAHOE/ELBERT CO LINE

TO ELBERT/LINCOLN CO LINE

070A 359.075 389.534 073 FW FROM ELBERT/LINCOLN CO LINE TO

LINCOLN/KIT CARSON CO LINE

070A 389.534 449.589 063 FW FROM LINCOLN/KIT CARSON CO

LINE TO COLORADO-KANSAS STATE

LINE, END SH 70A

070B 0.000 2.513 077 NRA FROM I-70 INTERCHANGE TO LEACH

CREEK STR H-02-B IN GRAND

JUNCTION

070B 2.513 4.367 077 EX FROM LEACH CREEK STR H-02-B TO

SH 6 INTERCHANGE (NORTH AVE) IN

070B 4.367 4.952 077 EX FROM SH 6 INTERCHANGE (NORTH

AVE) TO JCT SH 340 IN GRAND

JUNCTION

070B 4.952 5.263 077 NRA FROM JCT SH 340 TO JCT SH 70

(END 1-WAY WB, UTE AVE) BEGIN 1-

WAY EB, PITKIN AVE

070B 5.263 5.661 077 NRA FROM JCT SH 70 (END 1-WAY WB,

UTE AVE) BEGIN 1-WAY EB, PITKIN

AVE TO JCT SH 50 (5TH ST)

070B 5.661 6.588 077 NRA FROM JCT SH 50 (5TH ST) TO 15TH

ST (BEGIN 1-WAY WB, UTE AVE) END

1-WAY EB, PITKIN AVE

070B 6.588 9.308 077 EX FROM 15TH ST (BEGIN 1-WAY WB,

UTE AVE) END 1-WAY EB, PITKIN

AVE TO JCT SH 6 (NORTH AVE)

070B 9.308 11.716 077 EX FROM JCT SH 6 (NORTH AVE) TO

JCT SH 141 IN GRAND JUNCTION

070B 11.716 12.175 077 EX FROM JCT SH 141 TO JCT SH 6 IN

070B 12.175 13.265 077 EX FROM JCT SH 6 TO JCT I-70 IN

GRAND JUNCTION, END SH 70B

070E 0.000 0.222 045 EX FROM I-70 INTERCHANGE TO JCT

SH 6 (MAIN ST) AND 9TH ST IN SILT,

END SH 70E

070F 0.000 0.346 037 RA FROM JCT SH 6 IN EAGLE CITY LIMIT

TO I-70 INTERCHANGE (EAGLE), END

SH 70F

070G 0.000 0.577 037 NRB FROM I-70 INTERCHANGE

(EDWARDS) TO JCT SH 6, END SH 70G

070K 0.000 0.152 019 NRC FROM JCT I-70 TO I-70

INTERCHANGE (IDAHO SPRINGS -

WEST)

070K 0.152 0.955 019 NRC FROM I-70 INTERCHANGE (IDAHO

SPRINGS - WEST) TO JCT SH 103 IN

IDAHO SPRINGS

070K 0.955 2.274 019 NRC FROM JCT SH 103 TO I-70

INTERCHANGE (IDAHO SPRINGS -

EAST)

070K 2.274 2.711 019 NRC FROM I-70 INTERCHANGE (IDAHO

SPRINGS - EAST) TO JCT I-70, END

SH 70K

070L 0.000 0.4 001 NRB FROM I-70 INTERCHANGE

(WATKINS) TO JCT SH 36, END SH 70L

070M 0.000 0.348 005 NRB FROM I-70 INTERCHANGE TO JCT

SH 36 IN STRASBURG, END SH 70M

070N 0.000 0.396 005 NRB FROM JCT SH 40 IN DEER TRAIL TO

I-70 INTERCHANGE, END SH 70N

070O 0.000 0.353 039 RB FROM JCT SH 40 TO I-70

INTERCHANGE (AGATE), END SH 70O

070P 0.000 0.356 063 RB FROM I-70 INTERCHANGE TO 1880

FEET NORTH OF I-70 INTERCHANGE

IN VONA

070P 0.356 0.528 063 NRB FROM 1880 FEET NORTH OF I-70

INTERCHANGE TO JCT SH 24 IN

VONA, END SH 70P

070Q 0.137 0.279 063 NRB FROM TO JCT SH 24 IN BURLINGTON

TO I-70 INTERCHANGE

070Q 0.0279 0.377 063 NRB FROM I-70 INTERCHANGE (ROSE

AVE) IN BURLINGTON, TO

FRONTAGE ROAD INTERSECTION,

END SH 70Q

070R 2.188 2.711 019 NRA FROM I-70 TO COLORADO BLVD

070Z 0.000 0.926 077 NRA FROM JCT SH 70 AND SH 6/50 EB,

GRAND JCT BUS LOOP, END 1-WAY

EB, BEGIN 1-WAY WB, UTE AV, TO

JCT SH 50

070Z 0.926 1.338 077 NRA FROM SH50 TO SH70 & SH 6/50, 1ST

ST,GRAND JCT BUS LOOP, BEG 1-

WAY EB, END 1-WAY WB, UTE AVE,

END 70Z

071A 0.000 9.032 089 RB FROM JCT SH 350 TO JCT SH 10,

END SH 71A

071B 9.601 13.747 089 RB FROM JCT SH 10 (HAWLEY) TO

HOPKINS AVE IN ROCKY FORD

071B 13.747 14.539 089 NRB FROM HOPKINS AVE TO JCT SH 50

(ELM AVE) AND JCT SH 266 (12TH

ST) IN ROCKY FORD, END SH 71B

071C 16.157 19.527 089 RB FROM JCT SH 50 TO

OTERO/CROWLEY CO LINE

071C 19.527 26.642 025 RB FROM OTERO/CROWLEY CO LINE

TO JCT SH 96 IN ORDWAY

071C 26.642 26.659 025 NRA FROM JCT SH 96 TO JCT SH 96 IN

ORDWAY

071C 26.659 26.881 025 NRA FROM JCT SH 96 TO JCT SH 96 IN

ORDWAY

071C 26.881 27.328 025 NRA FROM JCT SH 96 IN ORDWAY TO

9TH ST

071C 27.328 48.650 025 RB FROM 9TH ST TO CROWLEY

COUNTY RD 58 AT

CROWLEY/LINCOLN CO LINE

071C 48.650 72.601 073 RB FROM CROWLEY COUNTY RD 58 AT

CROWLEY/LINCOLN CO LINE TO JCT

SH 94 (PUNKIN CENTER)

071C 72.601 97.785 073 RB FROM JCT SH 94 (PUNKIN CENTER)

TO COUNTY RD 3C

071C 97.785 100.242 073 RA FROM COUNTY RD 3C TO

COLORADO ST IN LIMON

071C 100.242 101.063 073 NRB FROM COLORADO ST TO JCT SH 24

(3RD ST) IN LIMON, END SH 71C

071D 101.973 102.624 073 NRB FROM JCT SH 24 (3RD ST) TO 1950

FEET NORTH OF 7TH ST IN LIMON

071D 102.624 125.850 073 RA FROM 1950 FT N OF 7TH ST IN

LIMON TO WASHINGTON CO RD 0

AND LINCOLN CO RD 4D,

LINCOLN/WASHINGTON CO LN

071D 125.850 138.011 121 RA FROM WASHINGTON CO RD 0 AND

LINCOLN CO RD 4D AT

LINCOLN/WASHINGTON CO LN TO

JCT SH 36,LAST CHANCE

071D 138.011 156.076 121 RA FROM JCT SH 36 (LAST CHANCE) TO

MORGAN COUNTY RD A AT

WASHINGTON/MORGAN CO LINE

071D 156.076 174.357 087 RA FROM MORGAN COUNTY RD A AT

WASHINGTON/MORGAN CO LINE TO

JCT SH 34, END SH 71D

071E 175.486 176.372 087 NRB FROM JCT SH 34 (EDISON ST) IN

BRUSH TO 630 FEET NORTH OF

COUNTY RD S.2

071E 176.372 176.464 087 NRA FROM 630 FEET NORTH OF COUNTY

RD S.2 TO I-76 INTERCHANGE

(BRUSH)

071E 176.464 177.022 087 NRA FROM I-76 INTERCHANGE (BRUSH)

TO COUNTY RD T

071E 177.022 181.896 087 RA FROM COUNTY RD T TO 1ST ST AND

COUNTY RD W.5

071E 181.896 182.388 087 NRA FROM 1ST ST AND COUNTY RD W.5

TO COUNTY RD X

071E 182.388 195.610 087 RA FROM COUNTY RD X TO

MORGAN/WELD CO LINE

071E 195.610 201.636 123 RA FROM MORGAN/WELD CO LINE TO

JCT SH 14, END SH 71E

071F 205.525 232.899 123 RA FROM JCT SH 14 TO COLORADO-

NEBRASKA STATE LINE, END SH 71F

072A 0.000 10.659 059 NRA FROM I-70 INTERCHANGE (WARD

RD) IN WHEAT RIDGE TO JCT SH 93

072A 10.659 18.893 059 RB FROM JCT SH 93 TO

JEFFERSON/BOULDER CO LINE

072A 18.893 21.221 013 RB FROM JEFFERSON/BOULDER CO

LINE TO RAMONA RD (COUNTY RD

WV3)

072A 21.221 21.392 013 RA FROM RAMONA RD (COUNTY RD

WV3) TO COUNTY RD WV2

(WONDERVU)

072A 21.392 21.419 013 RB FROM COUNTY RD WV2

(WONDERVU) TO COUNTY RD WV1

072A 21.419 21.486 013 RA FROM COUNTY RD WV1 TO

BOULDER/GILPIN CO LINE

072A 21.486 24.680 047 RB FROM BOULDER/GILPIN CO LINE TO

SOUTH BOULDER CREEK STR E-15-

AF AT GILPIN/BOULDER CO LINE

072A 24.680 24.797 013 RA FROM SOUTH BOULDER CREEK STR

E-15-AF AT GILPIN/BOULDER CO

LINE TO COUNTY RD 72A

(PINECLIFFE)

072A 24.797 26.603 013 RB FROM COUNTY RD 72A

(PINECLIFFE) TO BOULDER/GILPIN

072A 26.603 27.333 047 RB FROM BOULDER/GILPIN CO LINE TO

GILPIN/BOULDER CO LINE

072A 27.333 29.378 013 RA FROM GILPIN/BOULDER CO LINE TO

JCT SH 119, END SH 72A

072B 32.369 32.581 013 NRB FROM JCT SH 119 (BRIDGE ST) TO

CARIBOU ST IN NEDERLAND

072B 32.581 54.064 013 RA FROM CARIBOU ST IN NEDERLAND

TO JCT SH 7, END SH 72B

074A 0.000 0.230 059 RA FROM I-70 INTERCHANGE (EL

RANCHO) TO JCT SH 40

074A 0.230 1.910 059 RA FROM JCT SH 40 TO BERGEN

PARKWAY

074A 1.910 7.477 059 NRA FROM BERGEN PARKWAY TO

COUNTY EG11

074A 7.477 8.092 059 NRC FROM COUNTY RD EG11 TO

MEADOW DR IN EVERGREEN

074A 8.092 9.704 059 RB FROM MEADOW DR TO WELCH RD

074A 9.704 10.450 059 NRB FROM WELCH RD TO KERR GULCH

074A 10.450 14.192 059 RB FROM KERR GULCH RD TO

GRAPEVINE RD (COUNTY RD ID 7)

(IDLEDALE)

074A 14.192 14.406 059 NRB FROM GRAPEVINE RD (COUNTY RD

ID 7) (IDLEDALE) TO SAWMILL

GULCH STR F-15-Z

074A 14.406 18.11 059 RB FROM SAWMILL GULCH STR F-15-Z

TO JCT SH 8, END SH 74A

075A 2.288 2.650 005 NRB FROM 2080 FEET SOUTH OF SH 88

(BELLEVIEW AVE) SH75A TO JCT

BROADWAY AND LITTLETON BLVD,

END SH75A

075B 5.287 8.524 005 NRA FROM JCT SH 75 (S LOWELL BLVD)

TO JCT SH 470, END SH 75B

076A 0.000 1.014 059 FW FROM RAMP STR OVERPASS I-70

AND SH 121 IN ARVADA TO

076A 1.014 1.184 031 FW FROM JEFFERSON/DENVER CO LINE

TO 52ND AVE SEPARATION AT

076A 1.184 1.768 059 FW FROM 52ND AVE SEPARATION TO

SH 95 (SHERIDAN BLVD)

INTERCHANGE AT

JEFFERSON/ADAMS CO LINE

076A 1.768 25.145 001 FW FROM SH 95, SHERIDAN BLVD,

INTER AT JEFFERSON/ADAMS CO

LN TO LOCHBUIE INTER AT

ADAMS/WELD CO LN

076A 25.145 60.886 123 FW FROM LOCHBUIE INTERCHANGE AT

ADAMS/WELD CO LINE TO

WELD/MORGAN CO LINE

076A 60.886 99.125 087 FW FROM WELD/MORGAN CO LINE TO

MORGAN/WASHINGTON CO LINE

076A 99.125 109.757 121 FW FROM MORGAN/WASHINGTON CO

LINE TO WASHINGTON/LOGAN CO

076A 109.757 157.432 075 FW FROM WASHINGTON/LOGAN CO

LINE TO LOGAN/SEDGWICK CO LINE

076A 157.432 184.135 115 FW FROM LOGAN/SEDGWICK CO LINE

TO COLORADO-NEBRASKA STATE

LINE, END SH 76A

078A 0.000 2.396 027 RB FROM JCT SH 165 TO

078A 2.396 12.710 101 RB FROM CUSTER/PUEBLO CO LINE TO

JCT SH 78 (BEULAH SPUR)

078A 12.710 30.000 101 RB FROM JCT SH 78 (BEULAH SPUR) TO

512 FEET EAST OF COUNTY RD 93

(HOG FARM RD)

078A 30.000 33.272 101 NRA FROM 512 FEET EAST OF COUNTY

RD 93 (HOG FARM RD) TO JCT SH 45

(PUEBLO BLVD) IN PUEBLO, END SH 78A

078B 0.000 1.493 101 NRB FROM JCT SH 78 TO PENNSYLVANIA

AVE (CO RD 213) AND GRAND AVE

(CO RD 216) (BEULAH), END SH 78B

079A 0.000 1.24 001 NRB FROM I-70 INTERCHANGE

(BENNETT) TO JCT SH 36

079B 1.580 2.876 001 NRB FROM JCT SH 36 IN BENNETT TO

COUNTY RD 38

079B 2.876 18.926 001 RB FROM COUNTY RD 38 TO ADAMS

COUNTY RD 168 AT ADAMS/WELD

079B 18.926 23.892 123 RB FROM ADAMS COUNTY RD 168 AT

ADAMS/WELD CO LINE TO JCT SH 52

(PROSPECT VALLEY), END SH 79B

082A 0.000 0.070 045 NRB FROM I-70 INTERCHANGE TO JCT

SH 6 IN GLENWOOD SPRINGS

082A 0.070 2.411 045 NRB FROM JCT SH 6 TO 1146 FEET EAST

OF BLAKE AVE IN GLENWOOD

082A 2.411 11.699 045 EX FROM 1146 FEET EAST OF BLAKE

AVE TO JCT SH 133 (CARBONDALE)

082A 11.699 17.673 045 EX FROM JCT SH 133 (CARBONDALE)

TO GARFIELD/EAGLE CO LINE

082A 17.673 24.889 037 EX FROM GARFIELD/EAGLE CO LINE TO

EAGLE/PITKIN CO LINE IN BASALT

082A 24.889 26.000 097 EX FROM EAGLE/PITKIN CO LINE TO

3458 FEET WEST OF SNOWMASS

CREEK STR G-09-A IN BASALT

082A 26.000 40.190 097 EX FROM 3458 FT W.OF SNOWMASS

CRK STR G-09-A TO CASTLE CRK

POWER PLANT RD OVERPASS STR

H-09-B, ASPEN

082A 40.190 45.000 097 NRB FROM CASTLE CREEK POWER

PLANT RD OVERPASS STR H-09-B IN

ASPEN TO 10058 FEET WEST OF CO

RD 15

082A 45.000 61.126 097 RA FROM 10058 FEET WEST OF

COUNTY RD 15 TO INDEPENDENCE

PASS AT PITKIN/LAKE CO LINE

082A 61.126 85.293 065 RA FROM INDEPENDENCE PASS AT

PITKIN/LAKE CO LINE TO JCT SH 24,

END SH 82A

083A 20.368 23.127 041 EX FROM JCT SH 21B TO JCT OLD

NORTH GATE RD

083A 23.127 28.132 041 RA FROM OLD NORTH GATE RD

(COUNTY RD 52) TO JCT SH 105

083A 28.132 30.237 041 RA FROM JCT SH 105 TO DOUGLAS

COUNTY RD 404 AT EL

PASO/DOUGLAS CO LINE (PALMER

DIVIDE)

083A 30.237 50.756 035 RA FROM DOUGLAS COUNTY RD 404 AT

EL PASO/DOUGLAS CO LINE

(PALMER DIVIDE) TO JCT SH 86

(FRANKTOWN)

083A 50.756 53.850 035 RA FROM JCT SH 86 IN FRANKTOWN TO

BAYOU GULCH ROAD

083A 53.850 56.861 035 NRA FROM BAYOU GULCH ROAD TO

STROH ROAD IN PARKER

083A 56.861 63.115 035 NRA FROM STROH RD (COUNTY RD 14)

IN PARKER TO

DOUGLAS/ARAPAHOE CO LINE

083A 63.115 65.320 005 RA FROM DOUGLAS/ARAPAHOE CO

LINE TO JCT SH 88 (ARAPAHOE RD)

083A 65.320 69.820 005 NRA FROM JCT SH 88 (ARAPAHOE RD)

TO HAMPDEN AVE IN AURORA

083A 69.820 70.784 005 EX FROM HAMPDEN AVE TO PEORIA ST

083A 70.784 72.133 5 RA FROM PEORIA ST TO JCT SH 30

(HAVANA ST)

083A 72.133 72.847 005 RA FROM JCT SH 30 (HAVANA ST) TO

DAYTON ST IN AURORA

083A 72.847 77.267 005 NRA FROM DAYTON ST IN AURORA TO

JCT SH 2 (COLORADO BLVD) IN

DENVER, END SH 83A

084A 0.000 27.924 007 RA FROM NEW MEXICO-COLORADO

STATE LINE TO JCT SH 160, END SH 84A

085A 127.651 128.167 041 EX FROM I-25 INTERCHANGE

(FOUNTAIN) TO FOUNTAIN CREEK

STR J-18-M

085A 128.167 128.865 041 NRB FROM FOUNTAIN CREEK STR J-18-M

TO MOUNTVIEW LANE IN FOUNTAIN

085A 128.865 131.561 041 NRA FROM MOUNTVIEW LANE TO SH 16

(WIDEFIELD) INTERCHANGE IN

FOUNTAIN

085A 131.561 132.409 041 NRA FROM SH 16 (WIDEFIELD)

INTERCHANGE TO CARSON BLVD IN

FOUNTAIN

085A 132.409 133.960 041 NRB FROM CARSON BLVD IN FOUNTAIN

TO COUNTY RD 640 (MAIN ST) (TO

SECURITY VILLAGE)

085A 133.960 135.457 041 NRA FROM COUNTY RD 640 (MAIN ST)

(TO SECURITY VILLAGE) TO SH 83

(ACADEMY BLVD) INTERCHANGE)

085A 135.457 137.040 041 NRA FROM SH 83 (ACADEMY BLVD)

INTERCHANGE TO JCT SH 29

(HARRISON RD) IN COLORADO

085B 184.667 186.299 035 NRA FROM THE BEGINNING OF SH 85B

AT I-25 TO 45 FEET NORTH OF

CASTLEGATE DR NORTH IN CASTLE

ROCK

085B 186.299 190.367 035 RA FROM 45 FEET NORTH OF

CASTLEGATE DR NORTH IN CASTLE

ROCK TO JCT SH 67 (SEDALIA)

085B 190.367 200.017 035 RA FROM JCT SH 67 (SEDALIA) TO

D&RGW SEPARATION UNDERPASS

STR F-16-KH

085B 200.017 200.388 035 NRA FROM D&RGW RR SEPARATION

UNDERPASS STR F-16-KH TO C-470

085B 200.388 200.550 035 EX FROM C-470 INTERCHANGE TO

DOUGLAS/ARAPAHOE CO LINE IN

085B 200.550 203.802 005 EX FROM DOUGLAS/ARAPAHOE CO

LINE TO JCT SH 75 (BOWLES AVE) IN

085B 203.802 204.755 005 EX FROM JCT SH 75 (BOWLES AVE) TO

JCT SH 88 (BELLEVIEW AVE) IN

085B 204.755 206.787 005 EX FROM JCT SH 88 (BELLEVIEW AVE)

IN LITTLETON TO SH 285 (HAMPDEN

AVE) INTERCHANGE IN SHERIDAN

085B 206.787 207.945 005 EX FROM SH 285 (HAMPDEN AVE)

INTERCHANGE IN SHERIDAN TO

YALE AVE AT ARAPAHOE/DENVER

085B 207.945 209.453 031 EX FROM YALE AVE AT

ARAPAHOE/DENVER CO LINE TO

FLORIDA AVE

085B 209.453 210.864 031 NRA FROM FLORIDA AVE TO I-25

INTERCHANGE IN DENVER, END SH 85B

085C 226.797 227.345 001 EX FROM I-76 INTERCHANGE

(BRIGHTON/GREELEY) TO JCT SH 44

(104TH AVE)

085C 227.345 230.300 001 EX FROM JCT SH 44 (104TH AVE) TO

JCT SH 22 (124TH AVE) IN

BRIGHTON

085C 230.300 234.089 001 EX FROM JCT SH 22 (124TH AVE) IN

BRIGHTON TO JCT SH 85 BRIGHTON

BUS LOOP (BROMLEY LANE)

085C 234.089 235.104 001 EX FROM JCT SH 85 BRIGHTON BUS

LOOP (BROMLEY LANE) TO SH 7

BRIGHTON INTERCHANGE (BRIDGE

ST)

085C 235.104 236.034 001 EX FROM SH 7 BRIGHTON

INTERCHANGE (BRIDGE ST) TO JCT

SH 85 BRIGHTON BUS LOOP AT

ADAMS/WELD CO LINE

085C 236.034 241.585 123 EX FROM JCT SH 85 BRIGHTON BUS

LOOP AT ADAMS/WELD CO LINE TO

SH 52 INTERCHANGE (FORT

LUPTON)

085C 241.585 242.660 123 EX FROM SH 52 INTERCHANGE (FORT

LUPTON) TO JCT SH 85 (FORT

LUPTON BUS LOOP)

085C 242.660 250.646 123 EX FROM JCT SH 85 (FORT LUPTON

BUS LOOP) TO JCT SH 66 (JUSTIN

AVE) IN PLATTEVILLE

085C 250.646 251.820 123 EX FROM JCT SH 66 (JUSTIN AVE) IN

PLATTEVILLE TO JCT SH 85

(PLATTEVILLE BUS LOOP)

085C 251.820 253.809 123 EX FROM JCT SH 85 (PLATTEVILLE BUS

LOOP) TO JCT SH 60 (HOUSTON)

085C 253.809 258.599 123 EX FROM JCT SH 60 (HOUSTON) TO JCT

SH 256 (PECKHAM)

085C 258.599 262.389 123 EX FROM JCT SH 256 (PECKHAM) TO

410 FEET NORTH OF STR C-18-O

085C 262.389 263.144 123 NRB FROM 410 FEET NORTH OF STR C-

18-O TO 160 FEET NORTH OF 1ST ST

IN LA SALLE

085C 263.144 265.763 123 EX FROM 160 FEET NORTH OF 1ST ST

IN LA SALLE TO JCT SH 34 IN

085E 0.000 1.275 123 NRB FROM JCT SH 52 (FIRST ST) AND

DENVER AVE IN FT LUPTON TO JCT

SH 85, END SH 85E

085F 0.000 0.987 123 NRC FROM JCT SH 66 (JUSTIN AVE) AND

MAIN ST TO REYNOLDS AVE IN

PLATTEVILLE

085F 0.987 2.69 123 NRA FROM REYNOLDS AVE TO JCT SH 85

IN PLATTEVILLE, END SH 85F

085G 0.000 0.230 123 EX FROM JCT SH 85 IN EVANS TO JCT

SH 34 INTERCHANGE

085G 0.230 0.360 123 EX FROM SH 34 INTERCHANGE TO SH

34 INTERCHANGE

085G 0.360 0.958 123 EX FROM US 34 INTERCHANGE TO 1276

FT NORTH OF 25TH ST IN GREELEY

085G 0.958 1.113 123 NRA FROM 1276 FT NORTH OF 25TH ST

TO 22ND ST IN GREELEY

085G 1.113 1.629 123 NRC FROM 22ND ST TO JCT SH 34

GREELEY BUS LOOP (18TH ST) IN

GREELEY, END SH 85G

085H 0.000 0.071 123 NRC FROM JCT SH 34 GREELEY BUS

LOOP TO JCT SH 263 IN GREELEY

085H 0.071 0.328 123 NRC FROM JCT SH 263 TO 5TH ST IN

085H 0.328 1.151 123 NRB FROM 5TH ST TO CACHE LA

POUDRE RIVER STRS C-18-DD NB

AND C-18-G SB IN GREELEY

085H 1.151 1.804 123 NRA FROM CACHE LA POUDRE RIVER

STRS C-18-DD NB AND C-18-G SB TO

SH 85 INTERCHANGE (GREELEY)

085H 1.804 2.239 123 NRA FROM SH 85 INTERCHANGE

(GREELEY) TO JCT SH 85, END SH 85H

085L 265.849 275.205 123 EX FROM SH 34 INTERCHANGE TO 2025

FEET SOUTH OF COLLINS AVE IN

085L 275.205 275.588 123 NRA FROM 2025 FEET SOUTH OF

COLLINS AVE TO COLLINS AVE IN

085L 275.588 276.352 123 NRB FROM COLLINS TO 7TH STREET IN

085L 267.352 279.267 123 EX FROM 7TH STREET IN EATON TO

1875 FEET SOUTH OF B STREET IN

AULT

085L 279.267 279.691 123 NRA FROM 1875 FEET SOUTH OF B

STREET TO A STREET IN AULT

085L 279.691 280.259 123 NRB FROM A STREET TO JACKIE ANN

STREET IN AULT

085L 280.259 280.284 123 NRA FROM JACKIE ANN STREET TO 1ST

AVE IN AULT

085L 280.284 288 123 EX FROM 1ST AVE IN AULT TO COUNTY

RD 98 IN NUNN

085L 288 289 123 NRB FROM COUNTY RD 98 TO COUNTY

RD 100 IN NUNN

085L 289 309.542 123 EX FROM COUNTY RD 100 TO IN NUNN

TO COLORADO-WYOMING STATE

086A 1.854 4.860 035 NRA FROM JCT SH 086B NORTH (OLD

FOUNDERS PKWY) - RD SE (CR 35)

(RIDGE RD) - RD W (FIFTH ST) -

RUNNING EAST ALONG (FIFTH ST)

TO 6600 FEET WEST OF WALKER

ROAD

086A 4.860 6.820 035 RA FROM 6600 FEET WEST OF WALKER

ROAD TO JCT SH 83 (FRANKTOWN)

086A 6.820 12.261 035 RA FROM JCT SH 83 (FRANKTOWN) TO

DOUGLAS/ELBERT CO LINE

086A 12.261 15.009 039 RA FROM DOUGLAS/ELBERT CO LINE

TO 1093 FEET WEST OF ELIZABETH

ST IN ELIZABETH

086A 15.009 15.605 039 NRB FROM 1093 FEET WEST OF

ELIZABETH ST TO TABOR ST IN

ELIZABETH

086A 15.605 15.894 039 NRC FROM TABOR ST TO MAIN ST IN

ELIZABETH

086A 15.894 16.267 039 NRB FROM MAIN ST TO IN ELIZABETH TO

COUNTY RD 17

086A 16.267 22.613 039 RA FROM COUNTY RD 17 TO COUNTY

RD 25-41 (TO ELBERT) IN KIOWA

086A 22.613 23.686 039 NRB FROM COUNTY RD 25-41 (TO

ELBERT) IN KIOWA TO COUNTY RD

086A 23.686 59.279 039 RB FROM COUNTY RD 134 TO I-70

INTERCHANGE (KIOWA), END SH 86A

086B 100 104.348 039 RA (FOUNDERS PKWY) FROM RIDGE RD

IN CASTLE ROCK TO JCT SH 85B

088A 0.000 1.090 031 NRB FROM SH 40 INTERCHANGE

(COLFAX AVE) TO JCT SH 6

INTERCHANGE (6TH AVE) IN

088A 1.090 1.978 031 NRB FROM SH 6 INTERCHANGE (6TH

AVE) TO JCT SH 26 (ALAMEDA AVE)

IN DENVER

088A 1.978 5.692 031 NRB FROM JCT SH 26 ( ALAMEDA AVE) IN

DENVER TO FLOYD AVE AT

DENVER/ARAPAHOE CO LINE IN

SHERIDAN

088A 5.692 6.012 005 NRB FROM FLOYD AVE AT

DENVER/ARAPAHOE CO LINE IN

SHERIDAN TO SH 285

088A 6.012 8.711 005 NRB FROM SH 285 INTERCHANGE IN

SHERIDAN TO JCT SH 85 (SANTA FE

DR) IN LITTLETON

088A 8.711 10.675 005 NRB FROM JCT SH 85 (S SANTA FE DR) IN

LITTLETON TO 528 FEET EAST OF

CLARKSON ST IN CHERRY HILLS

VILLAGE

088A 10.675 11.560 005 NRA FROM 528 FT E OF CLARKSON ST IN

CHERRY HILLS VGE TO SH

177,UNIVERSITY BL, GREENWOOD

VIL 088A 11.560 14.77 005 NRA FROM JCT SH 177 (UNIVERSITY BL)

TO I-25 INTERCHANGE (BELLEVIEW

AV) IN GREENWOOD VIL END 88A

088B 16.827 20.496 005 NRA FROM I-25 INTERCHANGE

(ARAPAHOE RD) IN GREENWOOD

VILLAGE TO JORDAN RD IN AURORA

088B 20.496 21.734 005 NRA FROM JORDAN RD TO JCT SH 83

(PARKER RD) IN AURORA, END SH 88B

089A 0.000 5.976 009 RB FROM JCT SH 116 (LYCAN) TO

BACA/PROWERS CO LINE

089A 5.976 33.985 099 RB FROM BACA/PROWERS CO LINE TO

522 FEET SOUTH OF ATSF

RAILROAD CROSSING 003-201B

089A 33.985 34.340 099 NRB FROM 522 FEET SOUTH OF ATSF

RAILROAD CROSSING 003-201B TO

JCT SH 50 (COLORADO ST), END SH 89A

090A 0.000 14.797 085 RB FROM UTAH-COLORADO STATE

LINE TO COUNTY RD Z10

(BEDROCK)

090A 14.797 14.885 085 NRA FROM COUNTY RD Z10 (BEDROCK)

TO COUNTY RD Y9

090A 14.885 33.874 085 RB FROM COUNTY RD Y9 TO JCT SH

141 (VANCORUM), END SH 90A

090B 81.533 89.858 085 NRB FROM CO RD 59 AND CO RD 90 TO

JCT SH 50 AND JCT SH 550

(TOWNSEND AVE) IN MONTROSE,

END SH 90B

091A 0.000 12.076 065 RA FROM JCT SH 24 TO LAKE/SUMMIT

091A 12.076 22.605 117 RA FROM LAKE/SUMMIT CO LINE TO I-

70 INTERCHANGE (COPPER

MOUNTAIN/LEADVILLE), END SH 91A

092A 0.000 2.891 029 NRB FROM JCT SH 50 TO IN DELTA TO

18.50 RD

092A 2.891 3.814 029 RA FROM 18.50 RD TO JCT SH 65

092A 3.814 20.000 029 RA FROM JCT SH 65 TO HOTCHKISS

AVE IN HOTCHKISS

092A 20.000 20.723 029 NRB FROM HOTCHKISS AVE TO JCT SH

133 IN HOTCHKISS

092A 20.723 21.010 029 NRB FROM JCT SH 133 TO NORTH FORK

GUNNISON RIVER STR I-06-A IN

HOTCHKISS

092A 21.010 31.000 029 RA FROM NORTH FORK GUNNISON

RIVER STR I-06-A IN HOTCHKISS TO

1637 FEET EAST OF CO RD D.75

(MCMURRAY ST)

092A 31.000 31.837 029 NRA FROM 1637 FEET EAST OF COUNTY

ROAD D.75 (MCMURRAY ST) TO

SMITH FORK CREEK STR J-06-A

092A 31.837 34.333 029 RA FROM SMITH FORK CREEK STR J-

06-A TO DELTA/MONTROSE CO LINE

092A 34.333 56.467 085 RA FROM DELTA/MONTROSE CO LINE

TO MONTROSE/GUNNISON CO LINE

092A 56.467 73.259 051 RA FROM MONTROSE/GUNNISON CO

LINE TO JCT OF SH-50, END SH 92A

093A 0.000 1.495 059 NRA FROM JCT SH 58 AND SH 6 TO FORD

ST IN GOLDEN

093A 1.495 7.000 059 EX FROM FORD ST IN GOLDEN TO 264

FEET NORTH OF D&RGW RAILROAD

SEPARATION OVERPASS STR E-16-

R 093A 7.000 7.573 059 RA FROM 264 FEER NORTH OF D&RGW

RAILROAD SEPARATION OVERPASS

STR E-16-R TO JCT SH 72

093A 7.573 7.681 059 RA FROM JCT SH 72 TO 570 FEET

NORTH OF JCT SH 72

093A 7.681 10.705 059 EX FROM 570 FEET NORTH OF JCT SH

72 TO JEFFERSON/BOULDER CO

093A 10.705 11.781 013 RA FROM JEFFERSON/BOULDER CO

LINE TO JCT SH 128

093A 11.781 13.617 013 RA FROM JCT SH 128 TO JCT SH 170

(MARSHALL)

093A 13.617 14.981 013 RA FROM JCT SH 170 (MARSHALL) TO

MARSHALL RD (COUNTY RD 51) IN

093A 14.981 17.422 013 NRA FROM MARSHALL RD (COUNTY RD

51. TO JCT SH 36 SPUR IN BOULDER

093A 17.422 18.849 013 NRA FROM JCT SH 36 SPUR TO JCT SH 7

(BROADWAY) AND JCT SH 119

(CANYON BLVD) IN BOULDER, END

SH 93A

094A 0.548 4.616 041 EX FROM SH 24 INTERCHANGE

(PETERSON FIELD) TO COLORADO

SPRINGS CITY LIMIT

094A 4.616 17.100 041 NRA FROM COLORADO SPRINGS CITY

LIMIT TO COUNTY RD 493

(ELLICOTT)

094A 17.100 35.008 041 RA FROM COUNTY RD 493 (ELLICOTT)

TO KENDRICK DR (EL PASO

COUNTY RD 901) AT EL

PASO/LINCOLN CO LINE

094A 35.008 54.581 073 RB FROM KENDRICK DR (EL PASO

COUNTY RD 901) AT EL

PASO/LINCOLN CO LINE TO JCT SH

71 (PUNKIN CENTER)

094A 83.626 86.174 017 RB FROM LINCOLN COUNTY RD 49 AT

LINCOLN/CHEYENNE CO LINE TO

JCT SH 40, END SH 94A

095A 0.000 0.051 031 RA FROM SH 285 INTERCHANGE

(SHERIDAN BLVD) TO RAMPS ON

AND OFF IN DENVER

095A 0.051 1.250 031 NRB FROM RAMPS ON AND OFF TO

095A 1.250 1.500 059 NRB FROM DENVER/JEFFERSON CO LINE

IN LAKEWOOD TO

JEFFERSON/DENVER CO LINE IN

095A 1.500 3.770 031 NRB FROM JEFFERSON/DENVER CO LINE

TO VIRGINIA AVE AT

095A 3.770 3.975 059 NRB FROM VIRGINIA AVE AT

JCT SH 26 (ALAMEDA AVE) IN

095A 3.975 5.018 059 NRB FROM JCT SH 26 (ALAMEDA AVE) TO

SH 6 INTERCHANGE (SHERIDAN

BLVD) IN LAKEWOOD

095A 5.018 5.528 059 NRB FROM SH 6 INTERCHANGE

(SHERIDAN BLVD) IN LAKEWOOD TO

10TH AVE AT JEFFERSON/DENVER

095A 5.528 6.031 031 NRB FROM 10TH AVE AT

JCT SH 40 (COLFAX AVE) IN

095A 6.031 7.224 031 NRB FROM JCT SH 40 (COLFAX AVE) TO

095A 7.224 9.013 059 NRB FROM DENVER/JEFFERSON CO LINE

TO I-70 INTERCHANGE (SHERIDAN

095A 9.013 9.049 059 NRB FROM I-70 INTERCHANGE

(SHERIDAN BLVD) TO 48TH AVE AT

095A 9.049 9.541 031 NRB FROM 48TH AVE AT

52ND AVE AT DENVER/JEFFERSON

095A 9.541 9.889 059 NRB FROM 52ND AVE AT

DENVER/JEFFERSON CO LINE TO I-

76 INTERCHANGE (SHERIDAN BLVD)

095A 9.889 11.603 059 NRA FROM I-76 INTERCHANGE

(SHERIDAN BLVD) TO

JEFFERSON/ADAMS CO LINE

095A 11.603 13.942 001 NRA FROM 68TH AVE AT

ADAMS/JEFFERSON CO LINE

(SHERIDAN BLVD)

095A 13.942 14.376 059 NRA FROM ADAMS/JEFFERSON CO LINE

TO SH 36 INTERCHANGE IN

WESTMINSTER, END SH 95A

096A 0.000 0.164 027 NRB FROM JCT SH 69 (MAIN ST) AND

(SIXTH ST) TO 866 FEET EAST OF

JCT SH 69 (MAIN ST) AND (SIXTH ST)

IN WESTCLIFFE

096A 0.164 0.506 027 NRB FROM 866 FT EAST OF JCT SH 69

(MAIN ST) AND (SIXTH ST) TO

HERMIT LN IN SILVER CLIFF

096A 0.506 1.313 027 NRC FROM HERMIT LANE TO BUTLER ST

IN SILVER CLIFF

096A 1.313 4.000 027 NRB FROM BUTLER ST IN SILVER CLIFF

TO 3633 FEET WEST OF

KNICKERBOCKER RD

096A 4.000 16.608 027 RB FROM 3633 FEET WEST OF

KNICKERBOCKER RD TO JCT SH 165

096A 16.608 26.273 027 RB FROM JCT SH 165 TO JCT SH 67

(WETMORE)

CATEGORY ASSIGNMENTS – PART 4 OF 5

096A 26.273 26.770 027 NRB FROM JCT SH 67 (WETMORE) TO

COUNTY RD 295

096A 26.770 29.202 027 RB FROM COUNTY RD 295 TO

096A 29.202 42.210 101 RB FROM CUSTER/PUEBLO CO LINE TO

ROAD TO PUEBLO RESERVOIR

096A 42.210 51.651 101 RA FROM ROAD TO PUEBLO

RESERVOIR TO MC CARTHY BLVD

(COUNTY RD 922)

096A 51.651 51.942 101 NRA FROM MC CARTHY BLVD (COUNTY

RD 922) TO LONG ST IN PUEBLO

096A 51.942 52.785 101 NRB FROM LONG ST TO JCT SH 45

(PUEBLO BLVD) IN PUEBLO

096A 52.785 55.672 101 NRB FROM JCT SH 45 (PUEBLO BLVD) TO

ELIZABETH ST IN PUEBLO

096A 55.672 56.091 101 NRC FROM ELIZABETH ST TO JCT SH 50

PUEBLO BUS LOOP IN PUEBLO

096A 56.091 56.333 101 NRC FROM JCT SH 50 PUEBLO BUS LOOP

TO CHESTER ST IN PUEBLO

096A 56.333 56.719 101 NRB FROM CHESTER ST TO 116 FEET

WEST OF HUDSON AVE IN PUEBLO

096A 56.719 56.911 101 NRB FROM 116 FEET WEST OF HUDSON

AVE TO JCT SH 227 IN PUEBLO

096A 56.911 58.242 101 NRB FROM JCT SH 227 TO 21ST LANE IN

PUEBLO

096A 58.242 58.672 101 NRB FROM 21 ST LANE TO 766 FEET

WEST OF JCT SH 50 AND 47 IN

PUEBLO

096A 58.672 58.812 101 EX FROM 766 FEET WEST OF JCT SH 50

AND SH 47 TO JCT SH 50 AND SH 47

IN PUEBLO, END SH 96A

096B 69.499 75.443 101 RB FROM JCT SH 50 TO CHURCH AVE

IN BOONE

096B 75.443 75.496 101 NRB FROM CHURCH AVE TO JCT SH 209

(HUGHES AVE) IN BOONE

096B 75.496 76.024 101 NRB FROM JCT SH 209 (HUGHES AVE) IN

BOONE TO BOB CREEK CANAL STR

L-19-G

096B 76.024 87.888 101 RB FROM BOB CREEK CANAL STR L-19-

G TO PUEBLO/CROWLEY CO LINE

096B 87.888 90.148 025 RB FROM PUEBLO/CROWLEY CO LINE

TO JCT SH 167

096B 90.148 94.339 025 RB FROM JCT SH 167 TO WEST AVE

(COUNTY RD 13) IN OLNEY SPRINGS

096B 94.339 94.804 025 NRB FROM WEST AVE (COUNTY RD 13)

TO 2973 FEET WEST OF COUNTY RD

096B 94.804 99.580 025 RB FROM 2973 FEET WEST OF COUNTY

RD 15 TO JCT SH 207

096B 99.580 105.240 025 RB FROM JCT SH 207 TO 2255 FEET

EAST OF COUNTY RD 33

096B 105.240 105.830 025 NRB FROM 2255 FEET EAST OF COUNTY

RD 33 TO JCT SH 71, END SH 96B

096C 106.036 110.916 025 RB FROM JCT SH 71 TO CALIFORNIA ST

(LANE 22.5) IN SUGAR CITY

096C 110.916 111.323 025 NRB FROM CALIFORNIA ST (LANE 22.5) IN

SUGAR CITY TO MARYLAND ST

(LANE 23) (COUNTY RD 45)

096C 111.323 119.451 025 RB FROM MARYLAND ST (LANE 23)

(COUNTY RD 45) TO

CROWLEY/OTERO CO LINE

096C 119.451 119.718 089 RB FROM CROWLEY/OTERO CO LINE

TO OTERO/CROWLEY CO LINE

096C 119.718 119.953 025 RB FROM OTERO/CROWLEY CO LINE

TO CROWLEY/KIOWA CO LINE

096C 119.953 143.780 061 RB FROM CROWLEY/KIOWA CO LINE TO

COUNTY RD 19 IN HASWELL

096C 143.780 144.614 061 NRB FROM COUNTY RD 19 TO 26 FEET

WEST OF COUNTY RD P.1

096C 144.614 166.114 061 RB FROM 26 FEET WEST OF COUNTY

RD P.1 TO JCT SH 287 IN EADS, END

SH 96C

096D 168.992 193.050 061 RB FROM JCT SH 287 TO JCT SH 385

SOUTH

096D 193.050 193.311 061 RB FROM JCT SH 385 SOUTH TO 2846

FEET EAST OF JCT SH 385 SOUTH

096D 193.311 193.850 061 NRB FROM 2846 FEET EAST OF JCT SH

385 SOUTH TO JCT SH 385 NORTH

096D 193.850 194.329 061 NRB FROM JCT SH 385 NORTH TO

COUNTY RD 67.4

096D 194.329 207.454 061 RB FROM COUNTY RD 67.4 TO COUNTY

RD 80.2 AT COLORADO-KANSAS

STATE LINE, END SH 96D

097A 0.000 0.077 085 NRC FROM JCT SH 141 TO SAN MIGUEL

RIVER STR L-02-E IN NATURITA

097A 0.077 0.367 085 NRB FROM SAN MIGUEL RIVER STR L-02-

E TO 248 FEET EAST OF HIGHLAND

DR 097A 0.367 3.743 085 RB FROM 248 FEET EAST OF HIGHLAND

DR TO 987 FEET WEST OF 10TH AVE

097A 3.743 3.930 085 NRB FROM 987 FEET WEST OF 10TH AVE

TO 10TH AVE IN NUCLA

097A 3.930 4.584 085 NRC FROM 10TH AVE TO 3RD AVE AND

MAIN ST IN NUCLA, END SH 97A

100A 0.000 0.419 009 NRC FROM JCT SH 160 TO MAIN ST IN

VILAS, END SH 100A

101A 0.000 0.400 011 NRB FROM JCT SH 50 (SEVENTH ST) IN

LAS ANIMAS TO 21 FEET SOUTH OF

COUNTY RD FF.25

101A 0.400 21.413 011 RB FROM 21 FEET SOUTH OF COUNTY

RD FF.25 TO COUNTY RD K AND

COUNTY RD 18 (TOONERVILLE),

END SH 101A

103A 0.000 0.119 019 NRC FROM JCT I-70 IDAHO SPGS BUS

LOOP (COLORADO BLVD) TO I-70

INTERCHANGE IN IDAHO SPRINGS

103A 0.119 0.198 019 NRC FROM I-70 INTERCHANGE TO CLEAR

CREEK STR F-14-G IN IDAHO

103A 0.198 0.296 019 NRB FROM CLEAR CREEK STR F-14-G TO

517 FEET SOUTH OF CLEAR CREEK

STR F-14-G IN IDAHO SPRINGS

103A 0.296 13.265 019 RB FROM 517 FEET SOUTH OF CLEAR

CREEK STR F-14-G IN IDAHO

SPRINGS TO JCT SH 5

103A 13.265 22.488 019 RB FROM JCT SH 5 TO COUNTY RD 151

AND COUNTY RD 103 (SQUAW

PASS), END SH 103A

105A 4.731 5.211 041 NRA FROM JUST WEST OF JACKSON

CREEK PKWY(MP 4.731) TO I-25

(MONUMENT/PALMER LAKE)

105A 5.211 5.365 041 NRA FROM I-25 INTERCHANGE

(MONUMENT/PALMER LAKE) TO 3RD

105A 5.365 5.980 041 NRB FROM 3RD ST TO D&RGW RR

SEPARATION 253-075X UNDERPASS

STR H-17-W IN MONUMENT

105A 5.980 8.561 041 NRA FROM D&RGW RR SEPARATION 253-

075X UNDERPASS STR H-17-W TO

LOWER GLENWAY IN PALMER LAKE

105A 8.561 8.980 041 NRB FROM LOWER GLENWAY TO

LARKSPUR ST IN PALMER LAKE

105A 8.980 9.480 041 NRA FROM LARKSPUR ST TO PERRY

PARK RD (COUNTY RD 105) AT EL

PASO/DOUGLAS CO LINE, END SH

105A

105B 28.160 32.628 035 RA FROM WOLFENBERGER RD

(COUNTY RD 6) AND PERRY PARK

RD (COUNTY RD 105) TO JCT SH 67,

END SH 105B

109A 0.000 27.526 071 RB FROM JCT SH 160 TO BENT COUNTY

RD A AT LAS ANIMAS/BENT CO LINE

109A 27.526 30.990 011 RB FROM BENT COUNTY RD A AT LAS

ANIMAS/BENT CO LINE TO

BENT/OTERO CO LINE

109A 30.990 54.790 089 RB FROM BENT/OTERO CO LINE TO

22ND ST

109A 54.790 56.720 089 NRB FROM 22ND ST IN LA JUNTA TO SH

50 INTERCHANGE (CHERAW)

109A 56.720 57.435 089 NRB FROM SH 50 INTERCHANGE

(CHERAW) TO JCT SH 194

109A 57.435 57.803 089 NRB FROM JCT SH 194 TO FORT LYON

CANAL STR L-22-CH

109A 57.803 63.255 089 RB FROM FORT LYON CANAL STR L-22-

CH TO JCT SH 266

109A 63.255 65.327 089 RB FROM JCT SH 266 TO APPROX 3080

FEET EAST OF COUNTY RD 30, END

SH 109A

109B 0.000 0.184 089 NRB FROM JCT SH 50 TO JCT SH 109 IN

LA JUNTA, END SH 109B

112A 0.000 0.430 105 NRB FROM JCT SH 160 (GRAND AVE) TO

RIO GRANDE RIVER STR N-11-V IN

DEL NORTE

112A 0.430 0.544 105 NRA FROM RIO GRANDE RIVER STR N-

11-V IN DEL NORTE TO COUNTY RD

112A 0.544 10.294 105 RA FROM COUNTY RD 15 TO RIO

GRANDE/SAGUACHE CO LINE

112A 10.294 13.138 109 RA FROM RIO GRANDE/SAGUACHE CO

LINE TO JCT SH 285

112A 13.138 14.630 105 RB FROM JCT SH 285 TO 1885 FEET

WEST OF WASHINGTON ST IN

CENTER

112A 14.630 15.662 105 NRB FROM 1885 FEET WEST OF

WASHINGTON ST TO SAN LUIS

CENTRAL RAILROAD CROSSING

862-080A IN CENTER

112A 15.662 23.520 105 RB FROM SAN LUIS CENTRAL

RAILROAD CROSSING 862-080A IN

CENTER TO RIO GRANDE/ALAMOSA

112A 23.520 27.802 003 RB FROM RIO GRANDE/ALAMOSA CO

LINE TO JCT SH 17, END SH 112A

113A 0.000 18.830 075 RB FROM SH 138 TO COLORADO-

NEBRASKA STATE LINE, END SH

113A

114A 0.000 8.020 051 RB FROM JCT SH 50 TO

GUNNISON/SAGUACHE CO LINE

114A 8.020 61.490 109 RB FROM GUNNISON/SAGUACHE CO

LINE TO 195 FEET WEST OF 11TH ST

IN SAGUACHE

114A 61.490 61.697 109 NRB FROM 195 FEET WEST OF 11TH ST

IN SAGUACHE TO JCT SH 285, END

SH 114A

115A 0.000 1.223 043 NRB FROM JCT SH 50 (ROYAL GORGE

BLVD) IN CANON CITY TO CYANIDE

AVE (COUNTY RD 464B)

115A 1.223 7.129 043 RA FROM CYANIDE AVE (COUNTY RD

464B) TO CHANDLER CREEK STR K-

16-G

115A 7.129 7.789 043 NRB FROM CHANDLER CREEK STR K-16-

G TO TELLER ST (COUNTY RD 719C)

115A 7.789 7.847 043 NRC FROM TELLER ST (COUNTY RD

719C) TO HOUSTON AVE IN

115A 7.847 8.694 043 NRC FROM HOUSTON AVE TO JCT SH 67

IN FLORENCE

115A 8.694 8.985 043 NRC FROM JCT SH 67 TO JCT SH 67 IN

115A 8.985 9.000 043 NRC FROM JCT SH 67 TO 275 FEET

SOUTH OF CRAWFORD AVE IN

115A 9.000 9.616 043 NRB FROM 275 FEET SOUTH OF

CRAWFORD AVE IN FLORENCE TO

3374 FEET SOUTH OF COUNTY RD

115A 9.616 10.432 043 RA FROM 3374 FEET SOUTH OF

COUNTY RD 142 TO COUNTY RD

143A

115A 10.432 11.046 043 RA FROM COUNTY RD 143A TO JCT SH

115A 11.046 13.960 043 RA FROM JCT SH 120 TO SH 50

115A 13.960 14.000 043 RA FROM SH 50 INTERCHANGE TO 1093

FEET SOUTH OF C ST (COUNTY RD

911C)

115A 14.000 16.776 043 NRA FROM 1093 FEET SOUTH OF C ST

(COUNTY RD 911C) TO G ST

(COUNTY RD 951C)

115A 16.776 27.168 043 RA FROM G ST (COUNTY RD 951C) TO

FREMONT/EL PASO CO LINE

115A 27.168 43.816 041 EX FROM FREMONT/EL PASO CO LINE

TO SH 83 (ACADEMY BLVD)

115A 43.816 46 041 EX FROM SH83,ACADEMY,INTERCHG

TO SECURITY/WIDEFIELD

INTERCHG SH85 N AND E, SH122 W

IN CO. SPGS

115A 46 47.496 041 NRA FROM SECURITY

WIDEFIELD,INTERCHG TO JCT I 25,

END OF 115A

116A 0.000 12.042 009 RB FROM JCT SH 287 TO 7TH ST AND

COUNTY RD 37 IN TWO BUTTES

116A 12.042 13.000 009 NRA FROM 7TH ST AND COUNTY RD 37

TO 290 FEET WEST OF COUNTY RD

116A 13.000 27.020 009 RB FROM 290 FEET WEST OF COUNTY

RD 38 TO JCT SH 89 (LYCAN)

116A 27.020 32.322 009 RB FROM JCT SH 89 (LYCAN) TO

COUNTY RD SS.5 AT COLORADO-

KANSAS STATE LINE, END SH 116A

119A 0.000 6.500 019 RA FROM JCT SH 6 TO 1151 FEET

SOUTH OF MILL ST BRIDGE IN

BLACK HAWK

119A 6.500 8.065 047 NRB FROM 1151 FEET SOUTH OF MILL ST

BRIDGE TO 2941 FEET NORTH OF

MARCHANT ST IN BLACK HAWK

119A 8.065 12.492 047 RA FROM 2941 FEET NORTH OF

MARCHANT ST IN BLACK HAWK TO

JCT SH 46

119A 12.492 22.096 047 RA FROM JCT SH 46 TO

GILPIN/BOULDER CO LINE

119A 22.096 22.748 013 RA FROM GILPIN/BOULDER CO LINE TO

JCT SH 72

119A 22.748 25.115 013 RA FROM JCT SH 72 TO ELDORA RD IN

119A 25.115 25.450 013 NRA FROM ELDORA RD TO JEFFERSON

ST AND PINE ST IN NEDERLAND

119A 25.450 25.678 013 NRB FROM JEFFERSON ST AND PINE ST

TO MIDDLE BOULDER CREEK STR E-

14-AR IN NEDERLAND

119A 25.678 25.754 013 NRC FROM MIDDLE BOULDER CREEK

STR E-14-AR TO JCT SH 72 IN

119A 25.754 25.877 013 NRB FROM JCT SH 72 TO 3RD ST IN

119A 25.877 26.401 013 NRA FROM 3RD ST TO 1435 FEET EAST

OF STINKY GULCH RD IN

119A 26.401 40.398 013 RA FROM 1435 FEET EAST OF STINKY

GULCH RD TO BOULDER CREEK

STR D-15-G

119A 40.398 41.892 013 NRB FROM BOULDER CREEK STR D-15-G

TO JCT SH 7 AND JCT SH 93

(BROADWAY) IN BOULDER, END SH

119A

119B 44.237 44.977 013 NRA FROM JCT SH 36 (28TH ST) TO SH

157 (FOOTHILLS PARKWAY)

INTERCHANGE IN BOULDER

119B 44.977 45.578 013 NRA FROM SH 157 (FOOTHILLS

PARKWAY) INTERCHANGE TO FOUR

MILE CREEK STR D-16-I

119B 45.578 45.766 013 EX FROM FOUR MILE CREEK STR D-16-I

TO JCT SH 157

119B 45.766 49.543 013 EX FROM JCT SH 157 TO JCT SH 52 IN

119B 49.543 54.413 013 EX FROM JCT SH 52 TO HOVER RD

(COUNTY RD 19)

119B 54.413 56.202 013 NRA FROM HOVER RD (COUNTY RD 19)

TO JCT SH 287 (MAIN ST) IN

119B 56.202 56.978 013 NRB FROM SH 287 (MAIN ST) TO EMERY

ST ALONG NEW ALIGNMENT IN

119B 56.978 59.089 013 NRA FROM EMERY ST ALONG NEW

ALIGNMENT TO IRON HORSE DRIVE,

END SH 119B

119C 59.089 59.475 013 NRA FROM IRON HORSE DRIVE TO

COUNTY RD 1

119C 59.475 63.108 123 NRA FROM COUNTY LINE ROAD (CR1) TO

COUNTY RE 7.5

119C 63.108 63.700 123 NRA FROM COUNTY RD 7.5 TO I-25

INTERCHANGE (LONGMONT), END

SH 119C

120A 0.000 7.186 043 RB FROM JCT SH 115 TO JCT SH 50,

END SH 120A

121A 0.000 4.667 059 NRA FROM C-470 INTERCHANGE TO

CROSS DR AT JEFFERSON/DENVER

121A 4.667 4.963 031 NRA FROM CROSS DR AT

121A 4.963 5.574 059 NRA FROM DENVER/JEFFERSON CO

LINE TO JEFFERSON/DENVER CO

121A 5.574 6.540 031 NRA FROM JEFFERSON/DENVER CO

LINE TO QUINCY AVE AT

121A 6.540 7.493 059 NRA FROM QUINCY AVE AT

SH 285 INTERCHANGE IN

121A 7.493 9.062 059 NRA FROM SH 285 INTERCHANGE TO

JCT SH 8 (MORRISON RD) IN

121A 9.062 12.444 059 NRA FROM JCT SH 8 (MORRISON RD) TO

SH 6 INTERCHANGE (WADSWORTH

BLVD) IN LAKEWOOD

121A 12.444 13.596 059 NRA FROM SH 6 INTERCHANGE

(WADSWORTH BLVD) TO SH 40

(COLFAX AVE) IN LAKEWOOD

121A 13.596 14.614 059 NRA FROM JCT SH 40 (COLFAX AVE) IN

LAKEWOOD TO 26TH AVE IN WHEAT

RIDGE

121A 14.614 16.790 059 NRA FROM 26TH AVE, ALONG

WADSWORTH IN WHEAT RIDGE TO

I-70 INTERCHANGE IN ARVADA

121A 16.790 25.820 059 NRA FROM I-70 INTERCHANGE IN

ARVADA TO JCT SH 128 IN

BROOMFIELD AT

JEFFERSON/BOULDER CO LN

121A 25.820 26.020 013 NRA FROM JCT SH 128 IN BROOMFIELD

AT JEFFERSON/BOULDER CO LINE

TO SH 36 INTERCHANGE

121A 26.020 26.244 013 NRA FROM SH 36 INTERCHANGE TO SH

287 INTERCHANGE (BROOMFIELD)

121A 26.244 26.419 013 NRA FROM SH 287 INTERCHANGE

(BROOMFIELD) TO JCT SH 287, END

SH 121A

121B 0.000 4.413 059 RA FROM BEGINNING OF SH 121 TO C-

470 INTERCHANGE (WADSWORTH

BLVD), END SH 121B

125A 0.000 21.607 049 RA FROM JCT SH 40 TO

GRAND/JACKSON CO LINE

125A 21.607 52.020 057 RA FROM GRAND/JACKSON CO LINE TO

JCT SH 14

125A 52.020 52.920 057 RA FROM JCT SH 14 TO UP RAILROAD

CROSSING 805-120S

125A 52.920 53.288 057 NRB FROM UP RAILROAD CROSSING

805-120S TO JCT SH 14 (SIXTH ST)

IN WALDEN

125A 53.288 54.000 057 NRB FROM JCT SH 14 (SIXTH ST) IN

WALDEN TO 185 FEET SOUTH OF

MICHIGAN RIVER STR B-11-A

125A 54.000 66.558 057 RA FROM 185 FEET SOUTH OF

MICHIGAN RIVER STR B-11-A TO JCT

SH 127

125A 66.558 75.406 057 RA FROM JCT SH 127 TO COLORADO-

WYOMING STATE LINE, END SH

125A

127A 0.000 9.202 057 RA FROM JCT SH 125 TO COLORADO-

WYOMING STATE LINE, END SH

127A

128A 0.000 1.524 013 RA FROM JCT SH 93 TO

BOULDER/JEFFERSON CO LINE

128A 1.524 2.290 059 RA FROM BOULDER/JEFFERSON CO

LINE TO JEFFERSON/BOULDER CO

LINE WEST OF BROOMFIELD

128A 2.290 2.755 013 RA FROM JEFFERSON/BOULDER CO

LINE TO BOULDER/JEFFERSON CO

LINE WEST OF BROOMFIELD

128A 2.755 4.219 059 RA FROM BOULDER/JEFFERSON CO

LINE TO INDIANA ST

128A 4.219 5.140 059 NRA FROM INDIANA ST TO THE

BOULDER-BROOMFIELD CO LINE

128A 5.140 7.973 014 NRA FROM THE BOULDER-BROOMFIELD

CO LINE TO JCT SH 121 IN

BROOMFIELD, END SH 128A IN

BROOMFIELD

128B 12.168 14.113 001 NRA FROM SH 287 (FEDERAL BL) IN

WESTMINSTER TO I-25 INTERCHG

(120TH AVE) IN THORNTON, END SH

128B

131A 0.000 0.323 037 RA FROM I-70 INTERCHANGE

(WOLCOTT) TO JCT SH 6, END SH

131A

131B 0.053 21.411 037 RA FROM JCT SH 6 (WOLCOTT) TO

EAGLE/ROUTT CO LINE

131B 21.411 32.904 107 RA FROM EAGLE/ROUTT CO LINE TO

JCT SH 134

131B 32.904 42.191 107 RA FROM JCT SH 134 TO GREEN AVE IN

YAMPA

131B 42.191 42.655 107 NRA FROM GREEN AVE IN YAMPA TO

COUNTY RD 8, COUNTY RD 21 AND

MAIN ST

131B 42.655 51.483 107 RA FROM CO RD 8, CO RD 21 AND MAIN

ST TO 132 FEET SOUTH OF COLFAX

ST/DODGE AVE SEPARATION STR C-

09-P

131B 51.483 51.959 107 NRA FROM COLFAX ST/DODGE AVE

SEPARATION STR C-09-P TO 528

FEET NORTH OF BELL AVE

131B 51.959 68.721 107 RA FROM 528 FEET NORTH OF BELL

AVE TO JCT SH 40, END SH 131B

133A 0.000 0.322 029 NRA FROM JCT SH 92 (BRIDGE ST) TO

1056 FEET SOUTH OF D&RGW

RAILROAD CROSSING 254-051M

133A 0.322 8.858 029 RA FROM 1056 FEET SOUTH OF D&RGW

RAILROAD CROSSING 254-051M TO

JCT SH 187 (TO PAONIA)

133A 8.858 15.867 029 RA FROM GRAND AVE (TO PAONIA) TO

DELTA/GUNNISON CO LINE

133A 15.867 42.939 051 RA FROM DELTA/GUNNISON CO LINE

TO GUNNISON/PITKIN CO LINE

133A 42.939 44.248 097 RA FROM GUNNISON/PITKIN CO LINE

TO PITKIN/GUNNISON CO LINE

133A 44.248 46.456 051 RA FROM PITKIN/GUNNISON CO LINE

TO GUNNISON/PITKIN CO LINE

133A 46.456 65.040 097 RA FROM GUNNISON/PITKIN CO LINE

TO PITKIN/GARFIELD CO LINE

133A 65.040 66.464 045 RA FROM PITKIN/GARFIELD CO LINE TO

517 FEET SOUTH OF MEADOWOOD

DR 133A 66.464 67.000 045 NRA FROM 517 FEET SOUTH OF

MEADOWOOD DR TO 1257 FEET

NORTH OF ROARING FORK DR

133A 67.000 68.452 045 NRB FROM 1257 FEET NORTH OF

ROARING FORK DR TO 32 FEET

NORTH OF VILLAGE RD

133A 68.452 68.821 045 RB FROM 32 FEET NORTH OF VILLAGE

RD TO JCT SH 82, END SH 133A

133B 12.159 15.867 029 RA FROM JCT SH 133A ALONG OLD

133A ALIGNMENT TO

DELTA/GUNNISON CO LINE

133B 15.867 16.076 051 RA FROM DELTA/GUNNISON CO LINE

TO JCT 133A

134A 0.000 10.807 107 RA FROM JCT SH 131 (TOPONAS) TO

ROUTT/GRAND CO LINE

134A 10.807 27.163 049 RA FROM ROUTT/GRAND CO LINE TO

JCT SH 40, END SH 134A

135A 0.000 1.099 051 NRB FROM JCT SH 50 (TOMICHI AVE) IN

GUNNISON TO COUNTY RD 13

135A 1.099 27.176 051 RA FROM COUNTY RD 13 TO 7TH ST IN

CRESTED BUTTE

135A 27.176 27.484 051 NRB FROM 7TH ST TO ELK AVE AND 6TH

ST IN CRESTED BUTTE, END SH

135A

136A 0.000 0.553 021 NRB FROM JCT SH 285 (SPRUCE ST) TO

623 FEET EAST OF 6TH ST IN LA

136A 0.553 3.480 021 RB FROM 623 FEET EAST OF 6TH ST IN

LA JARA TO SIXTH NORTH ST IN

SANFORD

136A 3.480 4.469 021 NRB FROM SIXTH NORTH ST TO SECOND

SOUTH ST AND MAIN ST IN

SANFORD, END SH 136A

138A 0.000 0.546 075 NRC FROM JCT SH 6 BEGIN 1-WAY EB

(3RD ST) TO JCT SH 138

(BROADWAY ST) IN STERLING

138A 0.546 0.600 075 NRC FROM JCT SH 138 (BROADWAY ST)

BEGIN 1-WAY WB (END 1-WAY EB)

TO SERVICE RD & 2ND ST IN

STERLING

138A 0.600 1.250 075 NRB FROM SERVICE RD AND 2ND ST TO

LOGAN ST IN STERLING

138A 1.250 1.273 075 NRA FROM LOGAN ST TO 120 FEET EAST

OF LOGAN ST IN STERLING

138A 1.273 8.970 075 RB FROM 120 FEET EAST OF LOGAN ST

TO JCT SH 113

138A 8.970 11.718 075 RB FROM JCT SH 113 TO 530 FEET

WEST OF 5TH ST IN ILIFF

138A 11.718 12.219 075 NRA FROM 530 FEET WEST OF 5TH ST

TO 50 FEET EAST OF 2ND AVE IN

ILIFF

138A 12.219 27.460 075 RB FROM 50 FEET EAST OF 2ND AVE IN

ILIFF TO 225 FEET WEST OF JCT SH

138A 27.460 27.503 075 NRB FROM 225 FEET WEST OF JCT SH 55

TO JCT SH 55

138A 27.503 27.911 075 NRB FROM JCT SH 55 TO SEVENTH ST IN

CROOK

138A 27.911 28.000 075 NRA FROM SEVENTH ST TO 470 FEET

EAST OF SEVENTH ST IN CROOK

138A 28.000 36.016 075 RB FROM 470 FEET EAST OF SEVENTH

ST IN CROOK TO SEDGWICK

COUNTY RD 1 AT LOGAN/SEDGWICK

138A 36.016 42.823 115 RB FROM SEDGWICK COUNTY RD 1 AT

LOGAN/SEDGWICK CO LINE TO

STOCKHAM AVE IN SEDGWICK

138A 42.823 42.946 115 NRA FROM STOCKHAM AVE TO MC

KINSTRY AVE IN SEDGWICK

138A 42.946 43.257 115 NRB FROM MC KINSTRY AVE TO 590

FEET EAST OF EAST AVE

138A 43.257 43.413 115 RB FROM 590 FEET EAST OF EAST AVE

TO JCT SH 59

138A 43.413 50.406 115 RB FROM JCT SH 59 TO SEVENTH ST IN

OVID

138A 50.406 50.769 115 NRB FROM SEVENTH ST IN OVID TO

LODGEPOLE CREEK STR A-27-N

138A 50.769 54.810 115 RB FROM LODGEPOLE CREEK STR A-

27-N TO JCT SH 385

138A 54.810 57.228 115 RB FROM JCT SH 385 TO JCT SH 11 IN

138A 57.228 57.533 115 RB FROM JCT SH 11 TO 2ND ST IN

138A 57.533 57.666 115 NRA FROM 2ND ST TO SYCAMORE ST IN

138A 57.666 58.232 115 NRB FROM SYCAMORE ST TO ASH ST IN

138A 58.232 58.534 115 RB FROM ASH ST IN JULESBURG TO SH

385 INTERCHANGE

138A 58.534 59.823 115 RB FROM SH 385 INTERCHANGE TO

COUNTY RD 36.3 AT COLORADO-

NEBRASKA STATE LINE, END SH

138A

139A 0.000 1.261 077 RB FROM I-70 INTERCHANGE (LOMA)

TO JCT SH 6 (LOMA)

139A 1.261 2.000 077 RB FROM JCT 6 SH 6 (LOMA) TO 137

FEET NORTH OF N RD

139A 2.000 13.597 077 RA FROM 137 FEET NORTH OF N RD TO

MESA/GARFIELD CO LINE

139A 13.597 39.301 045 RA FROM MESA/GARFIELD CO LINE TO

GARFIELD/RIO BLANCO CO LINE

139A 39.301 72.065 103 RA FROM GARFIELD/RIO BLANCO CO

LINE TO JCT SH 64, END SH 139A

140A 0.000 6.815 067 RA FROM NEW MEXICO-COLORADO

STATE LINE TO COUNTY RD 103E

(REDMESA)

140A 6.815 7.000 067 NRB FROM COUNTY RD 103E (REDMESA)

TO 591 FEET SOUTH OF COUNTY RD

140A 7.000 22.000 067 RA FROM 591 FEET SOUTH OF COUNTY

RD 103 TO 1853 FEET NORTH OF

COUNTY RD 125

140A 22.000 22.830 067 NRA FROM 1853 FEET NORTH OF

COUNTY RD 125 TO A ROAD NE AND

SW 140A 22.830 23.435 067 NRB FROM A ROAD NE AND SW TO JCT

SH 160, END SH 140A

141A 0.000 7.349 033 RB FROM JCT SH 491 TO COUNTY RD

F4 AT DOLORES/SAN MIGUEL CO

141A 7.349 51.133 113 RB FROM COUNTY RD F4 AT

DOLORES/SAN MIGUEL CO LINE TO

SAN MIGUEL/MONTROSE CO LINE

141A 51.133 55.709 085 RB FROM SAN MIGUEL/MONTROSE CO

LINE TO JCT SH 145

141A 55.709 60.054 085 RB FROM JCT SH 145 TO 839 FEET

WEST OF 2ND ST IN NATURITA

141A 60.054 60.213 085 NRB FROM 839 FEET WEST OF 2ND ST

TO 2ND ST IN NATURITA

141A 60.213 60.452 085 NRC FROM 2ND ST TO JCT SH 97 IN

NATURITA

141A 60.452 60.960 085 NRC FROM JCT SH 97 TO 840 FEET EAST

OF 3RD AVE IN NATURITA

141A 60.960 61.000 085 NRB FROM 840 FEET EAST OF 3RD AVE

TO 1051 FEET EAST OF 3RD AVE IN

NATURITA

141A 61.000 62.436 085 RB FROM 1051 FEET EAST OF 3RD AVE

TO JCT SH 90 (VANCORUM)

141A 62.436 95.800 085 RB FROM JCT SH 90 (VANCORUM) TO

MONTROSE/MESA CO LINE

141A 95.800 154.109 077 RB FROM MONTROSE/MESA CO LINE

TO JCT SH 50, END SH 141A

141B 156.746 159.902 077 RB FROM JCT SH 50 TO 2460 FEET

NORTH OF COLORADO RIVER STR

H-03-BL

141B 159.902 162.297 077 NRA FROM 2460 FEET NORTH OF

COLORADO RIVER STR H-03-BL TO

JCT I-70 GRAND JUNCTION BUS

LOOP, END SH 141B

142A 0.000 0.300 021 NRB FROM JCT SH 285 TO 4TH AVE IN

ROMEO

142A 0.300 2.266 021 RB FROM 4TH AVE IN ROMEO TO

COUNTY RD 31 IN MANASSA

142A 2.266 3.276 021 NRB FROM COUNTY RD 31 TO 1ST ST IN

MANASSA

142A 3.276 14.205 021 RB FROM 1ST ST IN MANASSA TO

CONEJOS/COSTILLA CO LINE

142A 14.205 33.808 023 RB FROM CONEJOS/COSTILLA CO LINE

TO RITO SECO CREEK STR P-15-D

IN SAN LUIS

142A 33.808 33.840 023 NRB FROM RITO SECO CREEK STR P-15-

D TO JCT SH 159 (MAIN ST) IN SAN

LUIS, END SH 142A

144A 0.000 2.821 087 RB FROM I-76 SEPARATION TO JCT SH

144A 2.821 10.493 087 RB FROM JCT SH 34 TO JCT SH 39

(GOODRICH)

144A 10.493 12.000 087 NRA FROM JCT SH 39 (GOODRICH) TO

2240 FEET NORTH OF COUNTY RD 5

144A 12.000 27.178 087 RB FROM 2240 FEET NORTH OF

COUNTY RD 5 TO ELM ST AND 2ND

144A 27.178 27.419 087 NRA FROM ELM ST AND 2ND ST TO I-76

144A 27.419 28.299 087 NRA FROM I-76 INTERCHANGE TO WEST

ST IN FORT MORGAN

144A 28.299 28.796 087 NRB FROM WEST ST TO JCT SH 52 (MAIN

ST) IN FORT MORGAN, END SH 144A

145A 0.000 2.000 083 NRB FROM JCT SH 160 (MAIN ST) IN

CORTEZ TO 1352 FEET SOUTH OF

COUNTY RD M

145A 2.000 3.000 083 NRA FROM 1352 FEET SOUTH OF

COUNTY RD M TO 1420 FEET SOUTH

OF COUNTY RD N

145A 3.000 7.864 083 RA FROM 1420 FEET SOUTH OF

COUNTY RD N TO JCT SH 184

145A 7.864 8.729 083 RA FROM JCT SH 184 TO JCT SH 184

145A 8.729 9.380 083 RA FROM JCT SH 184 TO 850 FEET

NORTH OF DOLORES RIVER STR O-

02-E

145A 9.380 11.111 083 NRB FROM 850 FEET NORTH OF

DOLORES RIVER STR O-02-E TO

FOURTEENTH ST IN DOLORES

145A 11.111 42.922 083 RA FROM FOURTEENTH ST IN

DOLORES TO

MONTEZUMA/DOLORES CO LINE

145A 42.922 46.000 033 RA FROM MONTEZUMA/DOLORES CO

LINE TO 5010 FEET WEST OF KING

ST IN RICO

145A 46.000 46.243 033 NRA FROM 5010 FEET WEST OF KING ST

TO 3727 FEET WEST OF KING ST IN

RICO

145A 46.243 47.507 033 NRB FROM 3727 FEET WEST OF KING ST

IN RICO TO 69 FEET WEST OF

DOLORES RIVER STR N-04-C

145A 47.507 47.520 033 NRA FROM 69 FEET WEST OF DOLORES

RIVER STR N-04-C TO DOLORES

RIVER STR N-04-C

145A 47.520 59.451 033 RA FROM DOLORES RIVER STR N-04-C

TO LIZARD HEAD PASS AT

DOLORES/SAN MIGUEL CO LINE

145A 59.451 71.481 113 RA FROM LIZARD HEAD PASS AT

DOLORES/SAN MIGUEL CO LINE TO

JCT OLD SH 145 SPUR (TO

TELLURIDE)

145A 71.481 79.000 113 RA FROM JCT OLD SH 145 SPUR (TO

TELLURIDE) TO 5132 FEET WEST OF

HYDE ST

145A 79.000 79.898 113 NRA FROM 5132 FEET WEST OF HYDE ST

TO 391 FEET WEST OF HYDE ST

145A 79.898 80.180 113 NRB FROM 391 FEET WEST OF HYDE ST

TO BLAKE AVE AND A ST IN SAWPIT

145A 80.180 84.289 113 NRA FROM BLAKE AVE AND A ST IN

SAWPIT TO JCT SH 62

145A 84.289 100.877 113 RA FROM JCT SH 62 TO 660 FEET EAST

OF MARKET ST IN NORWOOD

145A 100.877 101.002 113 NRB FROM 660 FEET EAST OF MARKET

ST TO MARKET ST IN NORWOOD

145A 101.002 101.481 113 NRC FROM MARKET ST TO COUNTY RD

Z-42 IN NORWOOD

145A 101.481 101.505 113 NRB FROM COUNTY RD Z-42 TO COUNTY

RD 422S

145A 101.505 101.561 113 NRA FROM COUNTY RD 422S TO SUMMIT

145A 101.561 103.592 113 RA FROM SUMMIT ST TO SAN

MIGUEL/MONTROSE CO LINE

145A 103.592 110.107 085 RA FROM SAN MIGUEL/MONTROSE CO

LINE TO REDVALE RD (COUNTY RD 35.50)

145A 110.107 110.171 085 NRA FROM REDVALE RD (COUNTY RD

35.50) TO COUNTY RD 34.90 AND

COUNTY RD II

145A 110.171 116.879 085 RA FROM COUNTY RD 34.90 AND

COUNTY RD II TO JCT SH 141, END

SH 145A

149A 0.000 2.000 105 NRB FROM JCT SH 160 IN SOUTH FORK

TO 259 FEET SOUTH OF

WOODCHUCK DR

149A 2.000 3.000 105 NRA FROM 259 FEET SOUTH OF

WOODCHUCK DR TO 2455 FEET

SOUTH OF MASONIC PARK RD

(COUNTY RD MP8)

149A 3.000 4.697 105 RA FROM 2455 FEET SOUTH OF

MASONIC PARK RD (COUNTY RD

MP8) 3 TO RIO GRANDE/MINERAL

149A 4.697 21.424 079 RA FROM RIO GRANDE/MINERAL CO

LINE TO 781 FEET SOUTH OF LA

GARITA AVE IN CREEDE

149A 21.424 21.572 079 NRB FROM 781 FEET SOUTH OF LA

GARITA AVE TO LA GARITA AVE AND

7TH ST IN CREEDE

149A 21.572 21.892 079 NRC FROM LA GARITA AVE AND 7TH ST

TO RAILROAD CROSSING 253-953N

IN CREEDE

149A 21.892 22.112 079 NRB FROM RAILROAD CROSSING 253-

953N IN CREEDE TO 972 FEET

SOUTH OF BACHELOR RD

149A 22.112 42.170 079 RB FROM 972 FEET SOUTH OF

BACHELOR RD TO

MINERAL/HINSDALE CO LINE

149A 42.170 81.591 053 RB FROM MINERAL/HINSDALE CO LINE

TO HINSDALE/GUNNISON CO LINE

149A 81.591 117.522 051 RB FROM HINSDALE/GUNNISON CO

LINE TO JCT SH 50, END SH 149A

150A 0.000 16.114 003 RB FROM JCT SH 160 AT

COSTILLA/ALAMOSA CO LINE TO

ENTER TO GREAT SAND DUNES

NAT MONUMENT, END SH 150A

151A 0.000 0.066 067 NRC FROM JCT SH 172 TO SHOSHONE

AVE IN IGNACIO

151A 0.066 0.204 067 NRB FROM SHOSHONE AVE IN IGNACIO

TO LOS PINOS RIVER STR P-06-AA

151A 0.204 12.806 067 RB FROM LOS PINOS RIVER STR P-06-

AA TO LA PLATA/ARCHULETA CO

151A 12.806 33.960 007 RB FROM LA PLATA/ARCHULETA CO

LINE TO JCT SH 160, END SH 151A

157A 0.000 2.222 013 EX FROM SH 36 INTERCHANGE

(FOOTHILLS PARKWAY) TO JCT SH 7

(ARAPAHOE RD) IN BOULDER

157A 2.222 3.731 013 EX FROM JCT SH 7 (ARAPAHOE RD) TO

SH 119 INTERCHANGE

157A 3.731 4.530 013 EX FROM SH 119 INTERCHANGE TO

JCT SH 119, END SH 157A

159A 0.000 17.374 023 RA FROM NEW MEXICO-COLORADO

STATE LINE TO CULEBRA CREEK

STR P-15-C

159A 17.374 17.376 023 NRA FROM CULEBRA CREEK STR P-15-C

TO 180 FEET SOUTH OF MAIN ST IN

SAN LUIS

159A 17.376 17.929 023 NRB FROM 180 FEET SOUTH OF MAIN ST

IN SAN LUIS TO JCT SH 142

159A 17.929 18.656 023 NRB FROM JCT SH 142 TO 1700 FEET

NORTH OF 9TH ST IN SAN LUIS

159A 18.656 19.000 023 NRA FROM 1700 FEET NORTH OF 9TH ST

IN SAN LUIS TO 2571 FEET SOUTH

OF COUNTY RD 64.5

159A 19.000 33.580 023 RA FROM 2571 FEET SOUTH OF

COUNTY RD 64.5 TO D&RGW

RAILROAD CROSSING 253-482B

159A 33.580 33.592 023 NRA FROM D&RGW RAILROAD

CROSSING 253-482B TO MIRANDA

AVE (COUNTY RD 120.1)

159A 33.592 33.661 023 NRB FROM MIRANDA AVE (COUNTY RD

120.1) TO JCT SH 160, END SH 159A

160A 0.000 4.883 083 RA FROM NEW MEXICO-COLORADO

STATE LINE TO JCT SH 41

160A 4.883 18.298 083 RA FROM JCT SH 41 TO JCT SH 491

160A 18.298 27.726 083 RA FROM JCT SH 491 TO LEAVE UTE

MOUNTAIN INDIAN RESERVATION

160A 27.726 35.507 083 EX FROM LEAVE UTE MOUNTAIN

INDIAN RESERVATION TO COUNTY

RD G.20

160A 35.507 37.120 083 EX FROM COUNTY RD G.20 TO MC

ELMO ST IN CORTEZ

160A 37.120 37.869 083 NRB FROM MC ELMO ST TO JCT SH 491

(BROADWAY) IN CORTEZ

160A 37.869 38.000 083 NRB FROM JCT SH 491 (BROADWAY) TO

306 FEET WEST OF MAPLE ST IN

160A 38.000 38.058 083 NRB FROM 306 FEET WEST OF MAPLE ST

TO MAPLE ST IN CORTEZ

160A 38.058 38.155 083 NRC FROM MAPLE ST TO JCT SH 491

SPUR (PINON DR) IN CORTEZ

160A 38.155 39.050 083 NRC FROM JCT SH 491 SPUR (PINON DR)

TO MILDRED RD IN CORTEZ

160A 39.050 39.864 083 NRC FROM MILDRED RD TO MAIN ST IN

160A 39.864 40.295 083 NRB FROM MAIN ST TO JCT SH 145

(STATE ST) IN CORTEZ

160A 40.295 40.483 083 NRB FROM JCT SH 145 (STATE ST) TO 32

FEET EAST OF PATTON ST IN

160A 40.483 40.826 083 RA FROM 32 FEET EAST OF PATTON ST

TO 1663 FEET WEST OF ROAD TO

CORTEZ REST AREA

160A 40.826 54.752 083 RA FROM 1663 FEET WEST OF ROAD

TO CORTEZ REST ARE TO JCT SH

160 MANCOS BUSINESS LOOP

160A 54.752 55.226 083 EX FROM JCT SH 160 MANCOS BUS

LOOP TO 713 FEET WEST OF

MONTE ST

160A 55.226 56.060 083 EX FROM 713 FEET WEST OF MONTE

ST TO JCT SH 184 (MANCOS)

160A 56.060 56.179 083 EX FROM JCT SH 184 TO 628 FEET

EAST OF JCT SH 184

160A 56.179 56.993 083 EX FROM 628 FEET EAST OF JCT SH

184 TO JCT SH 160 MANCOS BUS

LOOP

160A 56.993 58.307 083 EX FROM JCT SH 160 MANCOS BUS

LOOP TO COUNTY RD 44

160A 58.307 61.791 083 RA FROM COUNTY RD 44 TO

MONTEZUMA/LA PLATA CO LINE

160A 61.791 72.755 067 RA FROM MONTEZUMA/LA PLATA CO

LINE TO JCT SH 140 (HESPERUS)

160A 72.755 81.000 067 RA FROM JCT SH 140 (HESPERUS) TO

982 FEET WEST OF WILDCAT

CANYON RD (COUNTY RD 141)

160A 81.000 81.186 067 RA FROM 982 FT WEST OF WILDCAT

CANYON RD (CO RD 141) TO

WILDCAT CANYON RD (CO RD 141)

160A 81.186 81.406 067 RA FROM WILDCAT CANYON RD

(COUNTY RD 141) TO 1160 FEET

EAST OF WILDCAT CANYON RD

160A 81.406 83.165 067 NRA FROM 1160 FEET EAST OF WILDCAT

CANYON RD TO ANIMAS RIVER STR

O-05-AJ

160A 83.165 83.207 067 NRA FROM ANIMAS RIVER STR O-05-AJ

TO JCT SH 550 IN DURANGO

160A 83.207 86.597 067 EX FROM JCT SH 550 TO CONNECTION

TO SH 3 IN DURANGO

160A 86.597 86.603 067 NRA FROM CONNECTION TO SH 3 TO

JCT SH 3 IN DURANGO

160A 86.603 88.316 067 NRA FROM JCT SH 3 TO JCT SH 550

160A 88.316 91.478 067 NRA FROM JCT SH 550 TO JCT SH 172

160A 91.478 98.029 067 RA FROM JCT SH 172 TO COUNTY RD

160A 98.029 101.386 067 EX FROM COUNTY RD 223 TO JCT SH

160 BAYFIELD BUS LOOP

160A 101.386 102.215 067 EX FROM JCT SH 160 BAYFIELD BUS

LOOP TO COUNTY RD 502

160A 102.215 103.624 067 EX FROM COUNTY RD 502 TO JCT SH

160 BAYFIELD BUS LOOP

160A 103.624 106.000 067 EX FROM JCT SH 160 BAYFIELD BUS

LOOP TO 6394 FEET EAST OF

COUNTY RD 526

160A 106.000 111.371 067 EX FROM 6394 FEET EAST OF COUNTY

RD 526 TO LA PLATA/ARCHULETA

160A 111.371 121.527 007 EX FROM LA PLATA/ARCHULETA CO

LINE TO COUNTY RD 9.20 (PIEDRA)

160A 121.527 126.968 007 RA FROM COUNTY RD 9.20 (PIEDRA) TO

JCT SH 151

160A 126.968 137.399 007 RA FROM JCT SH 151 TO COUNTY RD 22.50

160A 137.399 140.882 007 NRA FROM COUNTY RD 22.50 TO

COUNTY RD 25.00 WEST OF

PAGOSA SPRINGS

160A 140.882 142.944 007 EX FROM COUNTY RD 25.00 TO 10TH

ST IN PAGOSA SPRINGS

160A 142.944 143.990 007 NRC FROM 10TH ST TO SAN JUAN RIVER

STR O-08-A IN PAGOSA SPRINGS

160A 143.990 144.459 007 NRB FROM SAN JUAN RIVER STR O-08-A

IN PAGOSA SPRINGS TO JCT SH 84

160A 144.459 144.613 007 NRA FROM JCT SH 84 TO 813 FEET EAST

OF JCT SH 84

160A 144.613 155.051 007 RA FROM 813 FEET EAST OF JCT SH 84

TO ARCHULETA/MINERAL CO LINE

160A 155.051 180.215 079 RA FROM ARCHULETA/MINERAL CO

LINE TO MINERAL/RIO GRANDE CO

160A 180.215 183.000 105 RA FROM MINERAL/RIO GRANDE CO

LINE TO 9203 FEET WEST OF

COUNTY RD 20

160A 183.000 184.550 105 RA FROM 9203 FEET WEST OF CO RD

20 TO 1019 FEET WEST OF CO RD 20

(SOUTH FORK)

160A 184.550 184.743 105 NRA FROM 1019 FEET WEST OF COUNTY

RD 20 TO COUNTY RD 20

160A 184.743 186.123 105 NRB FROM COUNTY RD 20 TO JCT SH

149 IN SOUTH FORK

160A 186.123 186.767 105 NRB FROM JCT SH 149 TO 539 FEET

EAST OF SOUTH FORK RIO GRANDE

RIVER STR N-10-V

160A 186.767 188.230 105 NRA FROM 539 FEET EAST OF SOUTH

FORK RIO GRANDE STR N-10-V TO

COUNTY RD 60

160A 188.230 201.705 105 RA FROM COUNTY RD 60 TO ALDER

AVE IN DEL NORTE

160A 201.705 201.708 105 NRA FROM ALDER AVE TO 16 FEET EAST

OF ALDER AVE IN DEL NORTE

160A 201.708 202.082 105 NRB FROM 16 FEET EAST OF ALDER AVE

IN DEL NORTE TO JCT SH 112

160A 202.082 202.462 105 NRB FROM JCT SH 112 TO 470 FEET

EAST OF FRENCH AVE IN DEL

NORTE

160A 202.462 202.687 105 NRA FROM 470 FEET EAST OF FRENCH

AVE TO COUNTY RD DN 6

160A 202.687 214.527 105 RA FROM COUNTY RD DN 6 TO 729

FEET WEST OF WEST ST

160A 214.527 214.665 105 NRA FROM 729 FEET WEST OF WEST ST

TO WEST ST (COUNTY RD LOW) IN

160A 214.665 215.241 105 NRB FROM WEST ST (COUNTY RD LOW)

TO MORRIS ST IN MONTE VISTA

160A 215.241 215.698 105 NRC FROM MORRIS ST TO JCT SH 285

AND JCT SH 15 (BROADWAY) IN

160A 215.698 215.928 105 NRC FROM JCT SH 285 AND JCT SH 15

(BROADWAY) TO JEFFERSON ST IN

160A 215.928 217.200 105 NRB FROM JEFFERSON ST TO 1542 FEET

EAST OF SHERMAN ST IN MONTE

VISTA

160A 217.200 217.869 105 NRA FROM 1542 FEET EAST OF

SHERMAN ST TO SAN LUIS

CENTRAL RAILROAD CROSSING

862-060N

160A 217.869 222.548 105 RA FROM SAN LUIS CEN RRX 862-060N

TO RIO GRANDE CO RD

6E&ALAMOSA CO RD S100, RIO

GRANDE/ALAMOSA CO LN

160A 222.548 230.438 003 RA FROM RIO GRANDE CO RD 6E AND

ALAMOSA CO RD S100 AT RIO

GRANDE/ALAMOSA CO LINE TO

COUNTY RD S107

160A 230.438 231.000 003 NRA FROM COUNTY RD S107 TO DEL

SOL DR (COUNTY RD 107.5)

160A 231.000 231.851 003 NRB FROM DEL SOL DR (COUNTY RD

107.5) TO VICTORIA ST AND FIRST

ST IN ALAMOSA

160A 231.851 232.516 003 NRB FROM VICTORIA ST AND FIRST ST

TO RICHARDSON AVE IN ALAMOSA

160A 232.516 232.743 003 NRC FROM RICHARDSON AVE TO JCT SH

285 IN ALAMOSA

160A 232.743 233.530 003 NRC FROM JCT SH 285 TO RIO GRANDE

RIVER ST O-13-B IN ALAMOSA

160A 233.530 234.008 003 NRB FROM RIO GRANDE STR O-13-B TO

JCT SH 17

160A 234.008 234.087 003 NRB FROM JCT SH 17 TO 2ND ST

(COUNTY RD 110.1)

160A 234.087 235.093 003 NRA FROM 2ND ST (COUNTY RD 110.1)

TO WILD ACRES LANE (COUNTY RD 111.5)

160A 235.093 247.928 003 RA FROM WILD ACRES LANE (COUNTY

RD 111.5) TO JCT SH 150 AT

ALAMOSA/COSTILLA CO LINE

160A 247.928 252.117 023 RA FROM JCT SH 150 AT

ALAMOSA/COSTILLA CO LINE TO

COUNTY RD 126

160A 252.117 252.703 023 NRA FROM COUNTY RD 126 TO 3094

FEET EAST OF COUNTY RD 126

160A 252.703 253.977 023 NRB FROM 3094 FEET EAST OF COUNTY

RD 126 TO STORM AVE IN BLANCA

160A 253.977 254.946 023 NRA FROM STORM AVE IN BLANCA TO

1051 FEET WEST OF BROWN LN

(COUNTY RD 65)

160A 254.946 257.186 023 RA FROM 1051 FEET WEST OF BROWN

LN (COUNTY RD 65) TO BEAN AVE

(COUNTY RD 73)

160A 257.186 257.830 023 NRA FROM BEAN AVE (COUNTY RD 73)

TO NARCISO AVE (COUNTY RD 75)

160A 257.830 258.272 023 NRB FROM NARCISO AVE (COUNTY RD

75. TO JCT SH 159 (FORT GARLAND)

160A 258.272 258.361 023 NRB FROM JCT SH 159 (FORT GARLAND)

TO 470 FEET EAST OF JCT SH 159

160A 258.361 259.000 023 NRA FROM 470 FEET EAST OF JCT SH

159 TO 5592 FEET WEST OF

COUNTY RD 366

160A 259.000 278.625 023 RA FROM 5592 FEET WEST OF COUNTY

RD 366 TO NORTH LA VETA PASS AT

COSTILLA/HUERFANO CO LINE

160A 278.625 294.172 055 RA FROM NORTH LA VETA PASS AT

COSTILLA/HUERFANO CO LINE TO

JCT SH 12 (TO LA VETA)

160A 294.172 304.473 055 RA FROM JCT SH 12 (TO LA VETA) TO

306 FEET EAST OF COUNTY RD 340

160A 304.473 305.380 055 NRB FROM 306 FEET EAST OF COUNTY

RD 340 TO JCT I-25 WALSENBURG

BUS LOOP (MAIN ST), END SH 160A

160B 305.526 306.287 055 NRB FROM JCT I-25 WALSENBURG BUS

LOOP (MAIN ST) TO RAMPS ON AND

OFF 160B 306.287 306.350 055 EX FROM RAMPS ON AND OFF TO I-25

INTERCHANGE (WALSENBURG/LA

JUNTA), END SH 160B

160C 344.572 344.655 071 EX FROM I-25 INTERCHANGE

(GODDARD AVE) TO JCT SH 239 IN

TRINIDAD

160C 344.655 345.524 071 EX FROM JCT SH 239 TO COUNTY RD 73.5

160C 345.524 350.769 071 RA FROM COUNTY RD 73.5 TO JCT SH

350 (BESHOAR JUNCTION)

160C 350.769 382.774 071 RB FROM JCT SH 350 (BESHOAR

JUNCTION) TO JCT SH 389 (TO

BRANSON)

160C 382.774 414.215 071 RB FROM JCT SH 389 (TO BRANSON)

TO 770 FEET WEST OF MUSTANG

AVE 160C 414.215 416.000 071 NRB FROM 770 FEET WEST OF MUSTANG

AVE TO 2804 FEET WEST OF JCT SH

160C 416.000 416.531 071 RB FROM 2804 FEET WEST OF JCT SH

109 TO JCT SH 109

160C 416.531 431.691 071 RB FROM JCT SH 109 TO BACA COUNTY

RD 0 AND LAS ANIMAS COUNTY RD

227 AT LAS ANIMAS/BACA CO LINE

160C 431.691 449.721 009 RB FROM BACA COUNTY RD 0 AND LAS

ANIMAS CO RD 227 AT LAS

ANIMAS/BACA CO LINE TO HOWARD

ST IN PRITCHETT

160C 449.721 450.370 009 NRB FROM HOWARD ST TO 7TH ST IN

PRITCHETT

160C 450.370 464.433 009 RB FROM 7TH ST IN PRITCHETT TO JCT

SH 287

160C 464.433 473.654 009 RB FROM JCT SH 287 TO JCT SH 100

(TO VILAS)

160C 473.654 482.746 009 RB FROM JCT SH 100 (TO VILAS) TO 21

FEET EAST OF COUNTY RD 43.2

160C 482.746 483.321 009 NRB FROM 21 FEET EAST OF COUNTY

RD 43.2 TO COUNTY RD 44 AND

MISSOURI ST

160C 483.321 497.223 009 RB FROM COUNTY RD 44 AND

MISSOURI ST TO COUNTY RD 57 AT

COLORADO-KANSAS STATE LINE,

END SH 160C

160D 0.000 0.703 083 NRC FROM JCT SH 160 TO MONTEZUMA

ST IN MANCOS

160D 0.703 1.457 083 NRC FROM MONTEZUMA ST TO JCT SH

184 (MAIN ST) IN MANCOS

160D 1.457 1.583 083 NRC FROM JCT SH 184 (MAIN ST) TO

MANCOS RIVER STR O-03-J IN

MANCOS

160D 1.583 1.683 083 NRC FROM MANCOS RIVER STR O-03-J

TO 127 FEET EAST OF 1ST ST IN

MANCOS

160D 1.683 2.488 083 NRC FROM 127 FEET EAST OF 1ST ST IN

MANCOS TO JCT SH 160, END SH

160D

160Z 0.000 0.929 003 NRC FROM JCT SH 160 TO RICHARSON

AVE. IN ALAMOSA

165A 0.000 15.310 027 RB FROM JCT SH 96 TO JCT SH 78

165A 15.310 18.758 027 RB FROM JCT SH 78 TO

165A 18.758 36.894 101 RB FROM CUSTER/PUEBLO CO LINE TO

I-25 INTERCHANGE (RYE/SAN

ISABEL/COLORADO CITY), END SH

165A

167A 0.000 0.961 025 RB FROM JCT SH 96 TO ARKANSAS

RIVER STR L-20-F AT

CROWLEY/OTERO CO LINE

167A 0.961 1.492 089 RB FROM ARKANSAS RIVER STR L-20-F

AT CROWLEY/OTERO CO LINE TO

COUNTY RD 2.9 IN FOWLER

167A 1.492 1.673 089 NRB FROM COUNTY RD 2.9 TO JCT SH 50

(CRANSTON AVE) IN FOWLER

167A 1.673 2.905 089 NRB FROM JCT SH 50 (CRANSTON AVE)

IN FOWLER TO COUNTY RD 2 AND

COUNTY RD LL

167A 2.905 4.860 089 RB FROM COUNTY RD 2 AND COUNTY

RD LL TO COUNTY RD JJ AND

COUNTY RD 2, END SH 167A

170A 0.000 2.464 013 RB FROM COUNTY RD ES2 AND

COUNTY RD 68 (TO ELDORADO

CANYON STATE PARK) TO JCT SH

170A 2.464 5.824 013 RB FROM JCT SH 93 TO SOUTH 76TH ST

(COUNTY RD 25A) IN SUPERIOR

170A 5.824 6.969 013 NRB FROM SOUTH 76TH ST (COUNTY RD

25A) TO SH 36 INTERCHANGE

(SUPERIOR), END SH 170A

172A 0.000 7.550 067 RA FROM NEW MEXICO-COLORADO

STATE LINE TO COUNTY ROAD 318

172A 7.550 8.438 067 NRB FROM COUNTY ROAD 318 TI 1119

FEET SOUTH OF PINE STREET

172A 8.438 8.903 067 NRC FROM 1119 FEET SOUTH OF PINE

STREET TO JCT 151 IN IGNACIO

172A 8.903 9.119 067 NRC FROM JCT SH 151 TO BECKER ST IN

IGNACIO

172A 9.119 9.240 067 NRB FROM BECKER ST IN IGNACIO TO

BROWNING AVE

172A 9.240 10.270 067 NRA FROM BROWNING AVE TO 7212

FEET SOUTH OF COUNTY RD 516

172A 10.270 24.499 067 RA FROM 7212 FEET SOUTH OF

COUNTY RD 516 TO JCT SH 160,

END SH 172A

177A 0.000 0.025 035 RA FROM C-470 INTERCHANGE TO

RAMPS ON AND OFF

177A 0.025 0.100 035 EX FROM RAMPS ON AND OFF TO

COUNTY LINE RD AT

DOUGLAS/ARAPAHOE CO LINE

177A 0.100 4.117 005 NRA FROM COUNTY LINE RD AT

DOUGLAS/ARAPAHOE CO LINE TO

JCT SH 88 (BELLEVIEW AV) IN

CHERRY HILLS VILLAGE

177A 4.117 6.111 005 NRA FROM JCT SH 88 (BELLEVIEW AVE)

IN CHERRY HILLS VILLAGE TO JCT

SH 285 (HAMPDEN AVE), END SH

177A

183A 0.000 1 011 NRB FROM JCT SH 50 TO COUNTY RD HH

AND COUNTY RD 15 (FORT LYONS

VETERANS HOSPITAL), END SH

183A

184A 0.000 8.159 083 RA FROM JCT SH 491 TO JCT SH 145,

END SH 184A

184B 8.9 26.236 083 RA FROM JCT SH 145 TO 671 FEET

SOUTH OF JACKSON LAKE RD

(COUNTY RD 42)

184B 26.236 26.444 083 NRB FROM 671 FEET SOUTH OF

JACKSON LAKE RD (COUNTY RD 42)

TO JCT SH 160 IN MANCOS

184B 26.444 26.599 083 NRC FROM JCT SH 160 TO JCT SH 160

MANCOS BUS LOOP (GRAND AVE),

END SH 184B

194A 0.000 0.260 089 NRB FROM JCT SH 109 TO OAK AVE

(COUNTY RD 30.10)

194A 0.260 9.401 089 RB FROM OAK AVE (CO RD 30.10) TO

OTERO CO RD BB.55 AND BENT CO

RD 2.5 AT OTERO/BENT CO LINE

194A 9.401 20.327 011 RB FROM OTERO CO RD BB.55 AND

BENT CO RD 2.5 AT OTERO/BENT

CO LINE TO SH 50 INTERCHANGE,

END SH 194A

196A 0.000 7.905 011 RB FROM JCT SH 50 TO PROWERS

COUNTY RD 1 AT BENT/PROWERS

196A 7.905 8.922 099 RB FROM PROWERS COUNTY RD 1 AT

BENT/PROWERS CO LINE TO JCT SH

CATEGORY ASSIGNMENTS – PART 5 OF 5

196B 0.000 0.200 099 NRB FROM JCT SH 287 TO JCT SH 196

IN WILEY, END SH 196B

202A 0.000 0.110 089 NRB FROM JCT SH 50 (SWINK AVE) TO

JCT SH 50 IN ROCKY FORD

202A 0.110 1.220 089 NRB FROM JCT SH 50 IN ROCKY FORD

TO COUNTY RD 18

202A 1.220 3.228 089 RB FROM COUNTY RD 18 TO COUNTY

RD 16 AND COUNTY RD FF, END SH

202A

207A 0.000 0.354 089 NRB FROM JCT SH 50 (FIRST ST) TO 1

MILE SOUTH OF ARKANSAS RIVER

STR L-21-CY

207A 0.354 1.377 089 RB FROM 1 MI S OF ARKANSAS RIVER

STR L-21-CY TO ARKANSAS RIVER

STR L-21-CY AT OTERO/CROWLEY

CO LN

207A 1.377 5.935 025 RB FROM ARKANSAS RIVER STR L-21-

CY AT OTERO/CROWLEY CO LINE

TO JCT SH 96, END SH 207A

209A 0.000 1.387 101 RB FROM JCT SH 50 TO CHURCH AVE

IN BOONE

209A 1.387 1.528 101 NRB FROM CHURCH AVE IN BOONE TO

JCT SH 96, END SH 209A

224A 0.000 0.268 001 NRB FROM SH 36 INTERCHANGE

(BROADWAY) TO JCT SH 53

(BROADWAY)

224A 0.268 2.750 001 NRB FROM JCT SH 53 (BROADWAY) TO

I-76 INTERCHANGE (70TH

AVE/74TH AVE)

224A 2.750 3.634 001 NRB FROM I-76 INTERCHANGE (70TH

AVE/74TH AVE) TO JCT SH 6, END

SH 224A

225A 0.000 1.624 031 FW FROM I-25 INTERCHANGE (I-225) IN

DENVER TO DENVER/ARAPAHOE

CO LINE IN GREENWOOD VILLAGE

225A 1.624 10.158 005 FW FROM DENVER/ARAPAHOE CO

LINE IN GREENWOOD VILLAGE TO

ARAPAHOE/ADAMS CO LINE IN

AURORA

225A 10.158 12.431 001 FW FROM ARAPAHOE/ADAMS CO LINE

TO I-70 INTERCHANGE IN AURORA,

END SH 225A

227A 0.000 0.333 101 NRA FROM SH 50 INTERCHG (PUEBLO

BUS LOOP) FOUNTAIN/ARKANSAS

CROSS OVER BRIDGE

231A 0.000 2.05 101 RB FROM JCT SH 50 (PUEBLO BUS

LOOP) TO JCT SH 50 (DEVINE), END

SH 231A

239A 0.000 0.675 071 NRB FROM SH 160 INTERCHANGE IN

TRINIDAD TO COUNTY RD 26.7

239A 0.675 3.345 071 RB FROM COUNTY RD 26.7 TO

COUNTY RD 32 AND COUNTY RD

30.9 (EL MORO), END SH 239A

257A 0.000 2.640 123 NRA FROM JCT SH 60 TO 2710 FEET

WEST OF COUNTY RD 54

257A 2.640 5.145 123 RA FROM 2710 FEET WEST OF

COUNTY RD 54 TO JCT SH 34

257A 5.145 5.419 123 RA FROM JCT SH 34 TO JCT SH 34

(GREELEY BUS LOOP)

257A 5.419 6.349 123 RA FROM JCT SH 34 (GREELEY BUS

LOOP) TO JCT SH 257 SPUR

257A 6.349 9.588 123 RA FROM JCT SH 257 SPUR TO

EASTMAN PARK DR IN WINDSOR

257A 9.588 10.595 123 NRA FROM EASTMAN PARK DR TO JCT

SH 392 IN WINDSOR

257A 10.595 10.915 123 NRA FROM JCT SH 392 TO CHIMNEY

PARK DR IN WINDSOR

257A 10.915 11.580 123 NRC FROM CHIMNEY PARK DR TO JCT

SH 392 (MAIN ST) IN WINDSOR

257A 11.580 12.232 123 NRA FROM JCT 392 (MAIN ST) TO

GREELEY CANAL NO 2 STR C-17-

DO IN WINDSOR

257A 12.232 18.487 123 RA FROM GREELEY CANAL NO 2 STR

C-17-DO IN WINDSOR TO JCT SH

14, END SH 257A

257B 0.037 1.146 123 RA FROM JCT SH 257 TO JCT SH 34

(GREELEY BUS LOOP), END SH

257B

265A 0.000 1.198 031 NRC FROM I-70 INTERCHANGE

(BRIGHTON BLVD) IN DENVER TO

DENVER/ADAMS COUNTY LINE IN

COMMERCE CITY

265A 1.198 3.621 001 NRC FROM DENVER/ADAMS CO LINE TO

JCT SH 6 IN COMMERCE CITY, END

SH 265A

265B 0.034 0.147 031 NRA FROM I-70 EAST ON-RAMP TO E

47TH AVE

266A 0.000 0.060 089 NRB FROM JCT SH 50 (ELM AVE) AND

SH 71 TO JCT SH 50 (SWINK AVE)

IN ROCKY FORD

266A 0.060 1.306 089 NRB FROM SH 50 (SWINK AVE) IN

ROCKY FORD TO COUNTY RD 21

266A 1.306 11.516 089 RB FROM COUNTY RD 21 TO JCT SH

109, END SH 266A

270A 0.000 4.259 001 FW FROM I-76 INTERCHANGE TO

ADAMS/DENVER CO LINE IN

270A 4.259 5.986 031 FW FROM ADAMS/DENVER CO LINE TO

JCT I-70 IN DENVER, END SH 270A

285A 0.000 4.215 021 RA FROM NEW MEXICO-COLORADO

STATE LINE TO 2439 FEET WEST

OF COUNTY RD 12

285A 4.215 5.000 021 NRA FROM 2439 FEET WEST OF

COUNTY RD 12 TO 940 FEET WEST

OF COUNTY RD 21

285A 5.000 5.211 021 NRB FROM 940 FEET WEST OF COUNTY

RD 21 TO JCT SH 17

285A 5.211 5.528 021 NRB FROM JCT SH 17 TO RIVER ST IN

ANTONITO

285A 5.528 6.304 021 NRC FROM RIVER ST TO 12TH AVE IN

ANTONITO

285A 6.304 6.554 021 NRB FROM 12TH AVE IN ANTONITO TO

COUNTY RD 14.5

285A 6.554 6.856 021 NRA FROM COUNTY RD 14.5 TO

COUNTY RD 14.7

285A 6.856 12.707 021 RA FROM COUNTY RD 14.7 TO JCT SH

142 (TO ROMEO)

285A 12.707 19.383 021 RA FROM JCT SH 142 (TO ROMEO) TO

COUNTY RD 40

285A 19.383 19.597 021 NRA FROM COUNTY RD 40 TO 1130

FEET NORTH OF COUNTY RD 40

285A 19.597 19.672 021 NRB FROM 1130 FEET NORTH OF

COUNTY RD 40 TO 4TH ST IN LA

285A 19.672 19.817 021 NRC FROM 4TH ST TO JCT SH 136 IN LA

285A 19.817 20.000 021 NRC FROM JCT SH 136 TO 206 FEET

NORTH OF 1ST ST IN LA JARA

285A 20.000 20.418 021 NRB FROM 206 FEET NORTH OF 1ST ST

IN LA JARA TO JCT SH 15

285A 20.418 25.765 021 EX FROM JCT SH 15 TO CONEJOS

COUNTY RD 52 AND ALAMOSA

COUNTY RD 15S AT

CONEJOS/ALAMOSA CO LINE

285A 25.765 26.829 003 EX FROM CONEJOS COUNTY RD 52

AND ALAMOSA COUNTY RD 15S AT

CONEJOS/ALAMOSA CO LINE TO

JCT SH 368

285A 26.829 31.257 003 EX FROM JCT SH 368 TO JCT SH 370

SOUTH OF ALAMOSA

285A 31.257 33.413 003 EX FROM JCT SH 370 TO RAILROAD

AVE IN ALAMOSA

285A 33.413 33.994 003 NRB FROM RAILROAD AVE TO D&RGW

RAILROAD CROSSING 253=850N

285A 33.994 34.102 003 NRC FROM D&RGW RAILROAD

CROSSING 253-850N TO JCT SH

160 (MAIN ST), END SH 285A

285B 51.159 51.562 105 NRB FROM JCT SH 160 (1ST AVE) TO

132 FEET NORTH OF

GROWSHIPPER RD

285B 51.562 53.560 105 NRA FROM 132 FEET NORTH OF

GROWSHIPPER RD TO 1251 FEET

SOUTH OF MAXEYVILLE RD

(COUNTY RD 3N)

285B 53.560 62.904 105 RA FROM 1251 FEET SOUTH OF

MAXEYVILLE RD (COUNTY RD 3N)

TO JCT SH 112 AT RIO

GRANDE/SAGUACHE CO LINE

285B 62.904 85.094 109 RA FROM JCT SH 112 AT RIO

GRANDE/SAGUACHE CO LINE TO

SAGUACHE CREEK STR L-12-H

285B 85.094 85.884 109 NRA FROM SAGUACHE CREEK STR L-

12-H TO 861 FEET SOUTH OF

PITKIN AVE

285B 85.884 86.290 109 NRB FROM 861 FEET SOUTH OF PITKIN

AVE TO JCT SH 114

285B 86.290 86.739 109 NRB FROM JCT SH 114 TO 63 FEET

NORTH OF 3RD ST

285B 86.739 100.466 109 RA FROM 63 FEET NORTH OF 3RD ST

TO JCT SH 17

285B 100.466 104.631 109 RA FROM JCT SH 17 TO COUNTY RD

LL.2

285B 104.631 104.698 109 NRB FROM COUNTY RD LL.2 TO

COUNTY RD LL.57 (VILLA GROVE)

285B 104.698 104.779 109 NRB FROM COUNTY RD LL57 (VILLA

GROVE) TO KERBER CREEK STR L-

13-A

285B 104.779 119.036 109 RA FROM KERBER CREEK STR L-13-A

TO PONCHA PASS AT

SAGUACHE/CHAFFEE CO LINE

285B 119.036 126.209 015 RA FROM PONCHA PASS AT

SAGUACHE/CHAFFEE CO LINE TO

1430 FEET SOUTH OF JCT 50 IN

PONCHA SPRING

285B 126.209 126.480 015 NRA FROM 1430 FEET SOUTH OF JCT

US 50 IN PONCHA SPRINGS TO JCT

US 50 IN PONCHA SPRINGS, END

US 285B

285C 126.853 127.298 015 NRA FROM JCT SH 50 IN PONCHA

SPRINGS TO 2060 FEET NORTH OF

JCT US 50

285C 127.298 133.833 015 RA FROM 2060 FEET NORTH OF JCT

US 50 IN PONCHA SPRINGS TO JCT

SH 291 (TO SALIDA)

285C 133.883 148.065 015 RA FROM JCT SH 291 (TO SALIDA) TO

JCT SH 24, END SH 285C

285D 161.789 182.482 093 RA FROM JCT SH 24 (ANTERO

JUNCTION) TO 2677 FEET SOUTH

OF JCT SH 9 IN FAIRPLAY

285D 182.482 182.989 093 NRA FROM 2677 FEET SOUTH OF JCT

SH 9 TO JCT SH 9 (MAIN ST) IN

FAIRPLAY

285D 182.989 183.568 093 NRA FROM JCT SH 9 (MAIN ST) TO

COUNTY RD 3 IN FAIRPLAY

285D 183.568 198.000 093 RA FROM COUNTY RD 3 TO 600 FEET

SOUTH OF COUNTY RD 35 IN

JEFFERSON

285D 198.000 200.000 093 NRA FROM 600 FEET SOUTH OF

COUNTY RD 35 TO STR G-13-E IN

JEFFERSON

285D 200.000 221.828 093 RA FROM STR G-13-E IN JEFFERSON

TO 512 FEET SOUTH OF COUNTY

RD 64 IN BAILEY

285D 221.828 222.167 093 NRA FROM 512 FEET SOUTH OF

COUNTY RD 64 TO COUNTY RD 68

IN BAILEY

285D 222.167 228.839 093 RA FROM COUNTY RD 68 IN BAILEY TO

PARK/JEFFERSON CO LINE

285D 228.839 235.191 059 RA FROM PARK/JEFFERSON CO LINE

TO FOXTON RD (COUNTY RD 97)

285D 235.191 248.372 059 EX FROM FOXTON RD (COUNTY RD

97. TO SH 8 (MORRISON

INTERCHANGE)

285D 248.372 250.082 059 FW FROM SH 8 (MORRISON

INTERCHANGE) TO C-470

INTERCHANGE IN LAKEWOOD

285D 250.082 255.753 059 FW FROM C-470 INTERCHANGE IN

LAKEWOOD TO

285D 255.753 257.560 031 FW FROM JEFFERSON/DENVER CO

LINE TO DENVER/ARAPAHOE CO

LINE IN SHERIDAN

285D 257.560 257.691 005 FW FROM DENVER/ARAPAHOE CO

LINE IN SHERIDAN TO KNOX

COURT AND LOWELL BLVD

285D 257.691 258.063 005 EX FROM KNOX COURT AND LOWELL

BLVD TO SH 88 (FEDERAL BLVD)

285D 258.063 259.326 005 EX FROM SH 88 (FEDERAL BLVD

INTERCHANGE) TO SH 85 (SANT FE

DR) INTERCHANGE IN

285D 259.326 259.493 005 EX FROM SH 85 (SANTA FE DR)

INTERCHANGE TO JASON ST IN

285D 259.493 259.927 005 NRB FROM JASON ST TO CHEROKEE ST

IN ENGLEWOOD

285D 259.927 260.167 005 NRB FROM CHEROKEE ST TO JCT SH 75

(BROADWAY) INTERCHANGE IN

285D 260.167 261.059 005 NRB FROM JCT SH 75 (BROADWAY)

INTERCHG IN ENGLEWOOD TO

LAFAYETTE ST IN CHERRY HILLS

VILLAGE

285D 261.059 261.716 005 NRA FROM LAFAYETTE ST IN CHERRY

HILLS VILLAGE TO JCT SH 177

(UNIVERSITY BLVD)

285D 261.716 262.434 005 NRA FROM JCT SH 177 (UNIVERSITY

BLVD) TO ARAPAHOE/DENVER CO

285D 262.434 262.688 031 NRA FROM ARAPAHOE/DENVER CO

LINE TO JCT SH 2 (COLORADO

285D 262.688 263.874 031 NRA FROM JCT SH 2 (COLORADO BLVD)

IN DENVER TO I-25 INTERCHANGE

(HAMPDEN AVE), END SH 285D

287A 0.000 7.928 009 RA FROM OKLAHOMA-COLORADO

STATE LINE TO COUNTY RD H.0

287A 7.928 8.643 009 NRA FROM COUNTY RD H.0 TO 375

FEET NORTH FROM COUNTY RD

H.6 287A 8.643 9.153 009 NRB FROM 375 FEET NORTH FROM

COUNTY RD H.6 TO 486 FEET

SOUTH OF STR P-26-G

287A 9.153 28.777 009 RA FROM 486 FEET SOUTH OF STR P-

26-G TO JCT SH 160

287A 28.777 29.759 009 RA FROM JCT SH 160 TO 1030 FEET

NORTH OF CAT CREEK STR O-26-O

287A 29.759 30.874 009 NRB FROM 1030 FEET NORTH OF CAT

CREEK STR O-26-O TO 745 FEET

SOUTH OF STR O-26-M

287A 30.874 40.772 009 RA FROM 745 FEET SOUTH OF STR O-

26-M TO JCT SH 116

287A 40.772 46.672 009 RA FROM JCT SH 116 TO

BACA/PROWERS CO LINE

287A 46.672 76.010 099 RA FROM BACA/PROWERS CO LINE

TO 9TH ST IN LAMAR

287A 76.010 76.609 099 NRA FROM 9TH ST TO MEMORIAL DR IN

LAMAR

287A 76.609 77.639 099 NRB FROM MEMORIAL DR TO JCT SH 50

(MAIN ST AND OLIVE ST) IN LAMAR,

END SH 287A

287B 85.188 87.371 099 RA FROM SH 50 INTERCHANGE (WILEY

JUNCTION) TO JCT SH 196 (WILEY)

287B 87.371 88.394 099 RA FROM JCT SH 196 (WILEY) TO JCT

SH 196 SPUR (WILEY)

287B 88.394 95.970 099 RA FROM JCT SH 196 SPUR (WILEY)

TO KIOWA COUNTY RD A AT

PROWERS/KIOWA CO LINE

287B 95.970 110.590 061 RA FROM KIOWA COUNTY RD A AT

PROWERS/KIOWA CO LINE TO JCT

SH 96

287B 110.590 112.625 061 RA FROM JCT SH 96 TO 1056 FEET

NORTH OF COUNTY RD 41

287B 112.625 113.420 061 NRB FROM 1056 NORTH OF COUNTY RD

41 TO JCT SH 96

287B 113.420 113.935 061 NRB FROM JCT SH 96 TO 7TH ST

287B 113.935 122.775 061 RA FROM 7TH ST TO

KIOWA/CHEYENNE CO LINE

287B 122.775 133.24 017 RA FROM KIOWA/CHEYENNE CO LINE

TO JCT SH 40, END SH 287B

287C 282.7 285.752 031 NRB FROM SH 40 (COLFAX AVE)

INTERCHG, NORTH ON FEDERAL

BLVD TO I-70 INTERCHANGE IN

287C 285.752 286.351 031 NRA FROM I-70 INTERCHANGE

(FEDERAL BLVD) TO

287C 286.351 286.913 001 NRA FROM DENVER/ADAMS CO LINE TO

I-76 INTERCHANGE (FEDERAL

287C 286.913 288.556 001 NRA FROM I-76 INTERCHANGE

(FEDERAL BLVD) TO 70TH AVE

287C 288.556 289.000 001 NRA FROM 70TH AVE TO 74TH AVE IN

WESTMINSTER

287C 289.000 289.340 001 NRA FROM 74TH AVE IN WESTMINSTER,

ALONG FEDERAL TO SH 36

287C 289.340 294.751 001 NRA FROM SH 36 INTERCHANGE,

ALONG FEDERAL BLVD, TO JCT SH

128 IN WESTMINSTER

287C 294.751 296.087 001 NRA FROM JCT SH 128 IN

WESTMINSTER, W TO SHERIDAN

BLVD AT ADAMS/JEFFERSON CO

LN (BROOMFIELD)

287C 296.087 296.847 059 NRA FROM SHERIDAN BL AT

ADAMS/JEFF TO LAMAR ST &

GREENWAY DR AT JEFF/BOULDER

CO, BROOMFLD

287C 296.847 298.119 013 NRA FROM LAMAR ST & GREENWAY DR

AT JEFFERSON/BOULDER CO LN

TO SH121

INTERCHG(BROOMFIELD)

287C 298.119 299.301 013 NRA FROM SH 121 INTERCHANGE IN

BROOMFIELD TO 528 FEET NORTH

OF MIRAMONTE BLVD

287C 299.301 300.042 013 NRA FROM 528 FEET NORTH OF

MIRAMONTE BLVD TO 4440 FEET

NORTH OF MIRAMONTE BLVD

287C 300.042 300.847 013 RA FROM 4440 FEET NORTH OF

MIRAMONTE BLVD TO DILLON RD

(COUNTY RD 68)

287C 300.847 301.825 013 NRA FROM DILLON RD (COUNTY RD 68)

TO JCT SH 42 (TO LOUISVILLE)

287C 301.825 304.023 013 NRA FROM JCT SH 42 (TO LOUISVILLE)

TO JCT SH 7

287C 304.023 305.361 013 NRA FROM JCT SH 7 TO JCT SH 7 (ERIE)

287C 305.361 305.578 013 NRA FROM JCT SH 7 (ERIE) TO SUMMIT

PLACE (COUNTY RD SN4)

287C 305.578 306.871 013 NRA FROM SUMMIT PLACE (COUNTY RD

SN4) TO ISABEL DR (COUNTY RD

52. IN LAFAYETTE

287C 306.871 308.087 013 NRA FROM ISABEL DR (COUNTY RD 52)

TO JASPER RD (COUNTY RD 42)

(TO ERIE)

287C 308.087 310.390 013 RA FROM JASPER RD (COUNTY RD 42)

(TO ERIE) TO JCT SH 52

287C 310.390 313.835 013 RA FROM JCT SH 52 TO 315 FEET

SOUTH OF PIKE RD

287C 313.835 314.902 013 NRA FROM 315 FEET SOUTH OF PIKE

RD TO JCT SH 119 (FLORIDA AVE)

IN LONGMONT

287C 314.902 315.656 013 NRB FROM JCT SH 119 (FLORIDA AVE)

TO JCT SH 119 IN LONGMONT

287C 315.656 317.865 013 NRB FROM JCT SH 119 TO 21ST AVE IN

287C 317.865 318.326 013 NRB FROM 21ST AVE IN LONGMONT TO

JCT SH 66

287C 318.326 322.499 013 RA FROM JCT SH 66 TO

BOULDER/LARIMER CO LINE

287C 322.499 324.464 069 RA FROM BOULDER/LARIMER CO LINE

TO COUNTY RD 6 IN BERTHOUD

287C 324.464 325.529 069 NRA FROM COUNTY ROAD 6 IN

BERTHOUD TO APPROXIMATELY

ONE MILE NORTH

287C 325.529 330.02 069 FW FROM APPROXIMATELY 1 MILE

NORTH OF JCT OF LCR 6 TO JCT

SH 60 (END OF BERTHOUD BY

PASS)

287C 330.023 332.028 069 NRA FROM JCT SH 60 (CAMPION) TO

JCT SH 402 (KINGS CORNER) IN

LOVELAND

287C 332.028 332.613 069 NRA FROM JCT SH 402 TO JCT SH 287

(CLEVELAND AVE, END 1-WAY SB)

BEGIN 1-WAY NB (LINCOLN AVE)

287C 332.613 334.053 069 NRB FROM JCT SH 287,CLEVELAND AV,

END 1-WAY SB, BEGIN 1-WAY

NB,LINCOLN AV TO JCT SH

34,EISENHOWER BL

287C 334.053 334.312 069 NRB FROM JCT SH 34 (EISENHOWER

BLVD) TO JCT SH 287 (17TH ST)

BEGIN 1-WAY SB (END 1-WAY NB)

287C 334.312 335.113 069 NRB FROM JCT SH 287 (17TH ST) BEGIN

1-WAY SB (END 1-WAY NB) TO

29TH ST IN LOVELAND

287C 335.113 342.167 069 NRA FROM 29TH ST IN LOVELAND TO

JCT SH 68 IN FORT COLLINS

287C 342.167 345.982 069 NRB FROM JCT SH 68 TO LAUREL ST IN

FORT COLLINS

287C 345.982 346.874 069 NRC FROM LAUREL ST TO JCT SH 14

(JEFFERSON ST) IN FORT COLLINS

287C 346.874 348.544 069 NRB FROM JCT SH 14 (JEFFERSON ST)

IN FORT COLLINS TO JCT SH 1 (TO

WELLINGTON)

287C 348.544 350.209 069 NRA FROM JCT SH 1 (TO WELLINGTON)

TO 765 FEET SOUTH OF COUNTY

RD 54G

287C 350.209 355.856 069 EX FROM 765 FEET SOUTH OF

COUNTY RD 54G TO JCT SH 14

(TEDS PLACE)

287C 355.856 385.223 069 EX FROM JCT SH 14 (TEDS PLACE) TO

COLORADO-WYOMING STATE

LINE, END SH 287C

287Z 0.000 0.304 069 NRB FROM JCT 287 (LINCOLN AVE, END

1-WAY NB) BEGIN 1-WAY SB

(CLEVELAND AVE) TO JCT SH 34 IN

LOVELAND

287Z 0.304 1.763 069 NRB FROM JCT SH 34 TO JCT SH 287

(LINCOLN AVE, BEGIN 1-WAY NB)

END 1-WAY SB, END SH 287Z

291A 0.000 1.870 015 NRC FROM JCT SH 50 TO GRAND AVE

291A 1.870 2.277 015 NRB FROM GRAND AVE TO ROAD TO

FISH HATCHERY

291A 2.277 9.135 015 RB FROM ROAD TO FISH HATCHERY

TO JCT SH 285, END SH 291A

300A 0.000 3.356 065 RB FROM JCT SH 24 (MALTA) TO 1880

FEET NORTH MP 3, END SH 300A

317A 0.000 10.886 081 RA FROM JCT SH 13 (HAMILTON) TO

MOFFAT/ROUTT CO LINE

317A 10.886 12.237 107 RA FROM MOFFAT/ROUTT CO LINE TO

A ROAD SOUTH (PAGODA), END SH

317A

318A 0.000 60.697 081 RB FROM UTAH-COLORADO STATE

LINE TO JCT SH 40, END SH 318A

325A 0.000 11.395 045 RB FROM JCT SH 13 TO COUNTY RD

217 (TO RIFLE MOUNTAIN PARK),

END SH 325A

330A 0.000 10.406 077 RA FROM JCT SH 65 TO COUNTY RD

57.35 (PLATEAU CITY)

330A 10.406 11.395 077 NRB FROM COUNTY RD 57.35 (PLATEAU

CITY) TO GROVE CREEK RD AND

HIGH ST IN COLLBRAN, END SH

330A

340A 0.000 0.245 077 NRB FROM JCT SH 6 TO CHERRY ST

AND ASPEN ST IN FRUITA

340A 0.245 0.507 077 RA FROM CHERRY ST AND ASPEN ST

IN FRUITA TO I-70 INTERCHANGE

(FRUITA)

340A 0.507 2.854 077 RA FROM I-70 INTERCHANGE (FRUITA)

TO COUNTY RD CM.10 (TO

COLORADO NATIONAL

MONUMENT)

340A 2.854 13.341 077 NRA FROM COUNTY RD CM.10 (TO

COLO NATIONAL MONUMENT) TO

JCT I-70 GRAND JCT BUS LOOP,

END SH 340A

347A 0.000 5.248 085 RB FROM JCT SH 50 TO COUNTY RD J

74, END SH 347A

348A 0.000 0.790 029 NRB FROM JCT SH 50 (MAIN ST) IN

DELTA TO JIM ST (COUNTY RD

F.70)

348A 0.790 6.009 029 RA FROM JIM ST (COUNTY RD F.70) TO

DELTA/MONTROSE CO LINE

348A 6.009 16.002 085 RA FROM DELTA/MONTROSE CO LINE

TO 549 FEET WEST OF COFFMAN

348A 16.002 16.832 085 NRA FROM 549 FEET WEST OF

COFFMAN RD TO JCT SH 50

OLATHE BUS LOOP

348A 16.832 16.998 085 NRA FROM JCT SH 50 OLATHE BUS

LOOP TO 5 FEET WEST OF JCT SH

348A 16.998 17.059 085 RA FROM 5 FEET WEST OF JCT SH 50

TO JCT SH 50, END SH 348A

350A 0.000 37.357 071 RB FROM JCT SH 160 (BESHOAR

JUNCTION) TO LAS ANIMAS/OTERO

350A 37.357 59.412 089 RB FROM LAS ANIMAS/OTERO CO

LINE TO JCT SH 71

350A 59.412 72.315 089 RB FROM JCT SH 71 TO SIXTH ST IN

LA JUNTA

350A 72.315 72.575 089 NRB FROM SIXTH ST TO GRANT AVE IN

LA JUNTA END SH 350A

350A 72.575 72.718 089 NRB FROM GRANT AVE TO JCT. US50

END OF US 350

368A 0.000 2.010 105 RB FROM JCT SH 370 TO COUNTY RD

12S AT RIO GRANDE/CONEJOS CO

368A 2.010 5.527 021 RB FROM COUNTY RD 12S AT RIO

GRANDE/CONEJOS CO LINE TO

CONEJOS/ALAMOSA CO SPLIT

368A 5.527 6.022 003 RB FROM CONEJOS/ALAMOSA CO

SPLIT TO JCT SH 371

368A 6.022 12.329 003 RB FROM JCT SH 371 TO JCT SH 285,

END SH 368A

370A 0.000 3.996 105 RB FROM JCT SH 15 TO JCT SH 368

370A 3.996 5.980 105 RB FROM JCT SH 368 TO COUNTY RD

S100 AND COUNTY RD 6E AT RIO

GRANDE/ALAMOSA CO LINE

370A 5.980 14.115 003 RB FROM COUNTY RD S100 AND

COUNTY RD 6E AT RIO

GRANDE/ALAMOSA CO LINE TO

JCT SH 285, END SH 370A

371A 0.000 6.067 021 RB FROM JCT SH 15 TO JCT SH 368 AT

CONEJOS/ALAMOSA CO LINE, END

SH 371A

385A 95 95.676 099 NRB FROM JCT SH 50 (MAIN ST) IN

GRANADA TO WOLF CREEK STR L-

27-G

385A 95.676 98.628 099 RA FROM WOLF CREEK STR L-27-G TO

JCT SH 196

385A 98.628 98.924 099 RA FROM JCT SH 196 TO COUNTY RD

KK.3

385A 98.924 99.259 099 NRB FROM COUNTY RD KK.3 TO

COUNTY RD KK.6

385A 99.259 109.243 099 RA FROM COUNTY RD KK.6 TO

PROWERS COUNTY RD WW AT

PROWERS/KIOWA CO LINE

385A 109.243 122.879 061 RA FROM PROWERS COUNTY RD WW

AT PROWERS/KIOWA CO LINE TO

JCT SH 96, END SH 385A

385B 123.682 124.206 061 NRB FROM JCT SH 96 TO A AVE IN

SHERIDAN LAKE

385B 124.206 135.413 061 RA FROM A AVE IN SHERIDAN LAKE

TO COUNTY RD BB AT

KIOWA/CHEYENNE CO LINE

385B 135.413 149.701 017 RA FROM COUNTY RD BB AT

KIOWA/CHEYENNE CO LINE TO JCT

SH 40, END SH 385B

385C 150.251 151.336 017 NRB FROM JCT SH 40 IN CHEYENNE

WELLS TO COUNTY RD R

385C 151.336 170.293 017 RA FROM COUNTY RD R TO KIT

CARSON COUNTY RD A AT

CHEYENNE/KIT CARSON CO LINE

385C 170.293 187.000 063 RA FROM KIT CARSON CO RD A AT

CHEYENNE/KIT CARSON CO LN TO

2170 FT S OF I-70 INTERCHG,

BURLINGTON

385C 187.000 187.411 063 NRB FROM 2170 FEET SOUTH OF I-70

INTERCHANGE TO I-70

INTERCHANGE (BURLINGTON)

385C 187.411 187.886 063 NRB FROM I-70 INTERCHANGE

(BURLINGTON) TO JCT SH 24

(ROSE AVE) IN BURLINGTON

385C 187.886 188.855 063 NRB FROM JCT SH 24 TO JCT I-70

BURLINGTON BUS SPUR (ROSE

AVE)

385C 188.855 189.347 063 NRC FROM JCT I-70 BURLINGTON BUS

SPUR (ROSE AVE) TO MARBLE ST

385C 189.347 207.508 063 RA FROM MARBLE ST IN BURLINGTON

TO YUMA COUNTY RD 0 AT KIT

CARSON/YUMA COUNTY LINE

385C 207.508 216.861 125 RA FROM YUMA COUNTY RD 0 AT KIT

CARSON/YUMA CO LINE TO JCT SH

36, END SH 385C

385D 219.448 242.620 125 RA FROM JCT SH 36 TO 1575 FEET

SOUTH OF 10TH ST IN WRAY

385D 242.620 242.978 125 NRA FROM 1575 FEET SOUTH OF 10TH

ST TO 9TH ST IN WRAY

385D 242.978 243.345 125 NRC FROM 9TH ST TO JCT SH 34 (3RD

ST) IN WRAY

385D 243.345 243.487 125 NRA FROM JCT SH 34 (3RD ST) TO 325

FEET NORTH OF RAILWAY ST IN

WRAY

385D 243.487 269.322 125 RA FROM 325 FEET NORTH OF

RAILROAD ST IN WRAY TO

YUMA/PHILLIPS CO LINE

385D 269.322 278.552 095 RA FROM YUMA/PHILLIPS CO LINE TO

575 FEET SOUTH OF MELISSA LN

385D 278.552 278.811 095 NRA FROM 575 FEET SOUTH OF

MELISSA LN TO SCHEUNEMANN ST

385D 278.811 279.424 095 NRB FROM SCHEUNEMANN ST TO JCT

SH 6 (DENVER ST) IN HOLYOKE

385D 279.424 279.580 095 NRB FROM JCT SH 6 (DENVER ST) TO

RAILROAD ST IN HOLYOKE

385D 279.580 279.893 095 NRA FROM RAILROAD ST TO JCT SH 23

385D 279.893 290.896 095 RA FROM JCT SH 23 IN HOLYOKE TO

SEDGWICK COUNTY RD 2 AT

PHILLIPS/SEDGWICK CO LINE

385D 290.896 309.143 115 RA FROM SEDGWICK COUNTY RD 2 AT

PHILLIPS/SEDGWICK CO LINE TO I-

76 INTERCHANGE (JULESBURG)

385D 309.143 310.996 115 RA FROM I-76 INTERCHANGE

(JULESBURG) TO SH 138

INTERCHANGE (JULESBURG), END

SH 385D

385E 313.849 317.631 115 RB FROM JCT SH 138 TO COUNTY RD

36.3 AT COLORADO-NEBRASKA

STATE LINE, END SH 385E

389A 0.000 1.240 071 RB FROM NEW MEXICO-COLORADO

STATE LINE TO 2556 FEET SOUTH

OF GAULT ST

389A 1.240 2.186 071 NRB FROM 2556 FEET SOUTH OF

GAULT ST TO 1214 FEET SOUTH

OF COUNTY RD 6.8

389A 2.186 12.803 071 RB FROM 1214 FEET SOUTH OF

COUNTY RD 6.8 TO JCT SH 160,

END SH 389A

391A 0.000 0.985 059 EX FROM SH 285 INTERCHANGE

(KIPLING ST) TO JCT SH 8 (OLD

MORRISON RD) IN LAKEWOOD

391A 0.985 4.385 059 EX FROM JCT SH 8 (OLD MORRISON

RD) TO CEDAR AVE IN LAKEWOOD

391A 4.385 5.240 059 NRA FROM CEDAR AVE TO SH 6

INTERCHANGE (KIPLING ST) IN

391A 5.240 6.268 059 NRA FROM SH 6 INTERCHANGE

(KIPLING ST) TO JCT SH 40

(COLFAX AVE) IN LAKEWOOD

391A 6.268 7.869 059 NRA FROM JCT SH 40 (COLFAX AVE) TO

32ND AVE IN WHEAT RIDGE

391A 7.869 9.641 059 NRB FROM 32ND AVE TO I-70

INTERCHANGE (KIPLING ST) IN

WHEAT RIDGE, END SH 391A

392A 95.305 100.000 069 NRA FROM SH 287 (REDMOND) TO I-25

392A 100.000 104.271 069 NRA FROM I-25 INTERCHANGE

(WINDSOR) TO 9TH ST IN WINDSOR

392A 104.271 104.455 123 NRC FROM 9TH ST TO JCT SH 257 (7TH

ST AND MAIN ST) IN WINDSOR,

END SH 392A

392B 105.439 105.801 123 NRA FROM JCT SH 257 (MAIN ST) TO

GW RAILROAD CROSSING 871-

923B IN WINDSOR

392B 105.801 115.400 123 RA FROM GW RAILROAD CROSSING

871-923B TO JCT SH 85 (LUCERNE)

392B 115.400 115.456 123 NRA FROM JCT SH 85 (LUCERNE) TO

COUNTY RD 37.9

392B 115.456 115.563 123 NRB FROM COUNTY RD 37.9 TO

COUNTY RD 39

392B 115.563 123.596 123 RB FROM COUNTY RD 39 TO JCT

COUNTY RD 55

392B 123.596 141.583 123 RA FROM JCT COUNTY RD 55 TO JCT

SH 14 IN BRIGGSDALE

394A 0.000 0.123 081 NRB FROM JCT SH 40 (VICTORY WAY)

TO JCT SH 40 (4TH ST) IN CRAIG

394A 0.123 1.011 081 NRB FROM JCT SH 40 (4TH ST) IN CRAIG

TO YAMPA RIVER STR B-06-V

394A 1.011 9.378 081 RA FROM YAMPA RIVER STR B-06-V

TO MOFFAT/ROUTT CO LINE, END

SH 394A

402A 0.000 1.300 069 NRA FROM JCT SH 287 (KINGS

CORNER) TO 1585 FEET EAST OF

COUNTY RD 11H

402A 1.300 3.000 069 RA FROM 1585 FEET EAST OF

COUNTY RD 11H TO 1250 FEET

WEST OF HERON RD

402A 3.000 4.306 069 NRA FROM 1250 WEST OF HERON RD

TO I-25 INTERCHANGE

(LOVELAND), END SH 402A

470A 0.000 15.848 059 FW FROM I-70 INTERCHANGE TO

JEFFERSON/ARAPAHOE CO LINE

470A 15.848 16.562 005 FW FROM JEFFERSON/ARAPAHOE CO

LINE TO ARAPAHOE/DOUGLAS CO

470A 16.562 26.195 035 FW FROM ARAPAHOE/DOUGLAS CO

LINE TO I-25 INTERCHANGE, END

SH 470A

470W 0.000 1.212 059 FW FROM I-70 NORTHERLY TO SH 6 IN

GOLDEN, END SH 470W

470B 22.091 24.144 035 NRA ALONG COUNTY LN RD FROM

COLORADO BOULEVARD (BEGIN

470B) TO QUEBEC STREET (END

470B)

491A 0.000 6.422 083 RA FROM NEW MEXICO-COLORADO

STATE LINE TO JCT SH 160, END

SH 491A

491B 26.217 26.724 083 NRB FROM JCT SH 160 (MAIN ST) TO

JCT SH 491 SPUR IN CORTEZ

491B 26.724 27.216 083 NRB FROM JCT SH 491 SPUR TO

LEBANON RD IN CORTEZ

491B 27.216 27.387 083 NRA FROM LEBANON RD TO 903 FEET

NORTH OF LEBANON RD

491B 27.387 28.000 083 NRA FROM 903 FEET NORTH OF

LEBANON RD TO 1922 FEET SOUTH

OF COUNTY RD L

491B 28.000 30.000 083 NRA FROM 1922 FEET SOUTH OF

COUNTY RD L TO 2809 FEET

NORTH OF COUNTY RD M

491B 30.000 36.801 083 EX FROM 2809 FEET NORTH OF

COUNTY RD M TO JCT SH 184 (TO

DOLORES)

491B 36.801 49.645 083 EX FROM JCT SH 184 (TO DOLORES)

TO MONTEZUMA CO RD FF &

DOLORES CO RD T AT

MONTEZUMA/DOLORES CO LINE

491B 49.645 58.832 033 EX FROM MONTEZUMA RD FF &

DOLORES RD T AT

MONTEZUMA/DOLORES CO LN TO

1400 FT NORTH OF 10 ROAD

491B 58.832 61.000 033 NRA FROM 1400 FT NORTH OF 10 ROAD

TO 359 FT NORTH OF DOVE CRK

STR M-01-C

491B 61.000 62.000 033 NRB FROM 359 FEET NORTH OF DOVE

CREEK STR M-01-C TO 760 FEET

NORTH OF WEBER ST (COUNTY RD

7. IN DOVE CRK

491B 62.000 63.272 033 RA FROM 760 FEET NORTH OF WEBER

ST TO JCT SH 141

491B 63.272 69.602 033 RA FROM JCT SH 141 TO COLORADO-

UTAH STATE LINE, END SH 491B

491C 0.000 0.242 083 NRB FROM JCT SH 160 (MAIN ST) TO

JCT SH 491 IN CORTEZ, END SH

491C

550A 0.000 16.561 067 RA FROM NEW MEXICO-COLORADO

STATE LINE TO JCT SH 160, END

SH 550A

550B 20.916 21.152 067 NRB FROM JCT SH 160 TO 6TH ST IN

550B 21.152 23.550 067 NRC FROM 6TH ST TO 33RD ST IN

550B 23.550 24.038 067 NRB FROM 33RD ST TO 37TH ST IN

550B 24.038 24.142 067 NRA FROM 37TH ST TO HOSPITAL ST

AND COUNTY RD 203 IN DURANGO

550B 24.142 25.000 067 EX FROM HOSPITAL ST AND CO RD

203 TO 3701 FT NORTH OF

HOSPITAL ST AND CO RD 203 IN

550B 25.000 32.348 067 EX FROM 3701 FEET NORTH OF

HOSPITAL ST AND CO RD 203 IN

DURANGO TO COUNTY RD HM10

550B 32.348 49.870 067 RA FROM COUNTY RD HM10 TO LA

PLATA/SAN JUAN CO LINE

550B 49.870 70.011 111 RA FROM LA PLATA/SAN JUAN CO

LINE TO 549 FEET SOUTH OF

COUNTY RD 31

550B 70.011 70.371 111 RA FROM 549 FEET SOUTH OF

COUNTY RD 31 TO JCT SH 110

(GREEN ST) (SILVERTON)

550B 70.371 70.670 111 RA FROM JCT SH 110 (GREEN ST) TO

1663 FEET SOUTH OF COUNTY RD

550B 70.670 80.179 111 RA FROM 1663 FEET SOUTH OF

COUNTY RD 6 TO RED MOUNTAIN

PASS AT SAN JUAN/OURAY CO

550B 80.179 92.000 091 RA FROM RED MOUNTAIN PASS AT

SAN JUAN/OURAY CO LINE TO 1108

FEET SOUTH OF AMPHITHEATRE

550B 92.000 92.108 091 NRA FROM 1108 SOUTH OF

AMPHITHEATRE RD TO 539 FEET

SOUTH OF AMPHITHEATRE RD

550B 92.108 92.894 091 NRB FROM 539 FEET SOUTH OF

AMPHITHEATRE RD TO JCT SH 361

550B 92.894 94.426 091 NRB FROM JCT SH 361 TO SKYROCKET

CREEK STR L-06-C IN OURAY

550B 94.426 95.906 091 NRA FROM SKYROCKET CREEK STR L-

06-C IN OURAY TO COUNTY RD P4

550B 95.906 103.388 091 RA FROM COUNTY RD P4 TO COUNTY

RD 12

550B 103.388 103.511 091 NRA FROM COUNTY RD 12 TO 650 FEET

NORTH OF COUNTY RD 12

550B 103.511 103.702 091 NRB FROM 650 FEET NORTH OF

COUNTY RD 12 TO JCT SH 62 (TO

RIDGWAY)

550B 103.702 104.000 091 NRB FROM JCT SH 62 (TO RIDGWAY) TO

1008 FEET NORTH OF JCT SH 62

550B 104.000 105.000 091 NRA FROM 1008 FEET NORTH OF JCT

SH 62 TO 1848 FEET NORTH OF

VISTA TERRACE

550B 105.000 117.430 091 RA FROM 1848 FEET NORTH OF VISTA

TERRACE TO OURAY/MONTROSE

550B 117.430 126.400 085 RA FROM OURAY/MONTROSE CO LINE

TO OTTER ROAD IN MONTROSE

550B 126.400 130.219 085 NRA FROM OTTER RD TO JCT SH 50

(SAN JUAN AVE.) AND JCT SH 90 IN

MONTROSE, END SH 550B

END OF SECTION TWO

This edition incorporates all revisions

Section Three: Declaratory Orders 3.1 The Commission may, at its discretion, entertain petitions for declaratory orders pursuant to § 24- 4-105(11), C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/30/2007.

Entire rule eff. 06/30/2010.

Entire rule eff. 04/30/2011.

Rule 1.2, Section Two Parts 1, 4-5 eff. 09/14/2013.

Entire rule eff. 06/14/2023.

2 CCR 601-2 Junkyard Regulations {#sec-2-ccr-601-2 omnilex-key=us-co-regs-official--department-21--2 CCR 601-2}

DEPARTMENT OF TRANSPORTATION

Office of Transportation Safety RULES GOVERNING JUNKYARDS ON INTERSTATE HIGHWAYS 2 CCR 601-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 STATEMENT OF BASIS AND PURPOSE AND STATUTORY AUTHORITY These rules are adopted pursuant to § 43-1-506, C.R.S., which authorizes the Department to promulgate rules concerning junkyards in Colorado. The intent of these amendments is to update existing rules with regard to junkyards, to conform the scope of the rules to the current federal law, and to lessen the regulatory burden on local governments when possible. These rules apply to all areas within 1,000 feet of the nearest edge of the right-of-way and visible from the main-traveled way of all interstate highways systems. At the request of the Office of Legislative Legal Services, the Department of Transportation has included the language set forth in § 43-1-503, C.R.S., as Rule 3.02, stating the exception for the need to apply for and obtain a junkyard permit. The new language clarifies that no permit need be obtained from the Department of Transportation if the property where the junkyard is located is zoned industrial under the authority of state law, or any of its political subdivisions. The other changes to these Rules are limited to numbering changes given the new Rule 3.02, and correction to font.

2.00 DEFINITIONS 2.01 "Abandoned" means to relinquish all title, possession, or claim. A junkyard is considered to be abandoned if the business has been voluntarily discontinued, or the activity has been terminated, for a period of one year. 2.02 "Automobile graveyard" means any establishment or place or business which is maintained, used, or operated for storing, keeping, buying, or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts. 2.03 "Department" means the Colorado Department of Transportation. 2.04 "Highway" for purposes of these rules means the interstate highway system. 2.05 "Junkyard" means any establishment or place of business which is maintained, operated, or used for storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, and the term includes garbage dumps and sanitary fills. This definition also includes scrap metal processors, auto-wrecking yards, salvage yards, scrap yards, auto-recycling yards, used auto parts yards and temporary storage of automobile bodies or parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. 2.06 "Main-traveled way" means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separated roadways for traffic in opposite directions is a main-traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas. 2.07 "Zoned Industrial" means zoned under the authority of state law established by zoning authorities as being most appropriate for industry or manufacturing. A zone which may include certain industrial activities as an incident to the primary land use designation is not considered to be an industrial zone. 2.08 "Visible" means capable of being seen without visual aid by a person of normal acuity as viewed from a standard sized automobile from the main-traveled-way. 2.09 The definitions set forth in 23 CFR 751.7, "Junkyard Control and Acquisition" apply to these rules.

3.00 PERMIT REQUIREMENTS 3.01 Except as provided in these regulations, no person shall establish, operate, and maintain a Junkyard which is within one thousand feet of the nearest edge of the right-of-way of the Interstate Highway and visible from the Main-traveled way thereof unless a permit is first obtained from the Department. 3.02 Pursuant to § 43-1-503, C.R.S., no permit shall be required and junkyards, automobile graveyards, and scrap metal processing facilities may be operated within areas adjacent to said highways which are within one thousand feet of the nearest edge of the right-of-way which are zoned industrial under authority of state law, or any of its political subdivisions. 3.03 Application for a permit shall be submitted on the appropriate CDOT Form and shall be accompanied by a check for twenty-five dollars ($25.00) made payable to The Colorado Department of Transportation which shall be non-refundable. 3.04 No permit shall be issued unless the Junkyard can be effectively screened, as provided herein, by natural objects, plantings, fences, or other appropriate means, so as not to be visible from the Main-traveled way of the Interstate Highway. 3.05 Screening shall be at the expense of the person applying for a permit, and shall conceal the Junkyard on a year-round basis 3.06 A plan for screening shall accompany the application for an initial permit and shall be in sufficient detail to demonstrate compliance with this requirement.

4.00 EXPIRATION, RENEWAL AND REVOCATION OF PERMITS 4.01 All permits shall expire one year from the date of issue, unless sooner renewed or revoked by the Department. A Junkyard shall not be operated after the expiration of its permit. 4.02 A permit shall be renewable from year to year within thirty days of its expiration date upon application to the Department (using the appropriate CDOT Form ) accompanied by the renewal fee of $25.00. 4.03 A permit shall not be renewed unless the Junkyard is effectively screened, as provided herein, so as not to be visible from the Main-traveled way of the Interstate Highway. 4.04 A failure to effectively screen and conceal the Junkyard or to comply with these rules shall be cause for revocation of a permit. 4.05 Except as provided herein, upon termination of a permit by denial or revocation, the responsible person(s) shall immediately cease operation of the Junkyard and initiate action to come into prompt compliance with the law and these regulations.

5.00 REQUIREMENTS FOR CONTINUED USE AS AN EXISTING JUNKYARD. 5.01 An existing Junkyard which is enlarged, extended, changed in use or location, abandoned, voluntarily discontinued, or destroyed after the effective date of these rules shall not continue as an existing Junkyard but shall be treated as a new Junkyard. The provisions concerning permits herein shall apply to such Junkyards.

6.00 CONTROL MEASURES 6.01 Recycling or disposal of junk, which is not usable as stock-in-trade in the ongoing business of the owner, or is donated by him, shall be a primary control measure. It is not intended that all such junk be included in this measure, if not necessary to the plan of operations. 6.02 Screening of the remaining junk shall have priority as a control measure where the Junkyard is to continue as an ongoing business, if feasible and practical to accomplish the control objective, in accordance with the standards and criteria for effective screening set forth in these regulations. 6.03 Relocation of the Junkyard for the continuance of the owner's ongoing business shall have priority as a control measure only when other control measures are not feasible or practical, and when the new site is either not visible from the highway, or is in an area Zoned Industrial, and will not cause environmental problems. 6.04 Removal of a Junkyard by recycling or other permanent disposal of junk shall have priority as a control measure in any of the following situations: 6.04.1 The Junkyard is either abandoned or discontinued. 6.04.2 The Junkyard will be terminated as a business within five years after the effective date of these regulations for reasons including but not limited to, the following: 6.04.2.1 The provisions of the applicable zoning ordinance. 6.04.2.2 Location in a proposed improvement project. 6.04.2.3 The owner intends to go out of business. 6.04.3 The Junkyard is a hazard to public health or safety, according to law. 6.04.4 There are no existing property rights in the Junkyard or junk or the junk is worthless.

7.00 COMPLETION OF CONTROL MEASURES 7.01 Upon satisfactory completion of control measures for its continued use, and compliance of the Junkyard with the applicable law and these regulations, the Department shall issue without fee an initial permit to expire one year from the date of issue. 7.02 An existing Junkyard which is abandoned, destroyed, or voluntarily discontinued shall not thereafter be continued in use. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/2012.

Entire rule eff. 12/15/2012.

2 CCR 601-3 Rules Governing Outdoor Advertising in Colorado {#sec-2-ccr-601-3 omnilex-key=us-co-regs-official--department-21--2 CCR 601-3}

DEPARTMENT OF TRANSPORTATION

RULES GOVERNING OUTDOOR ADVERTISING IN COLORADO

2 CCR 601-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose and Statutory Authority The Department of Transportation (“CDOT”) is authorized to promulgate rules pursuant to § 43-1-415, C.R.S., and § 43-1-414(4), C.R.S., 23 U.S.C. 131and 23 C.F.R. 750.701 et seq.

The purpose of these Rules is to carry out the provisions of § 43-1-401, et seq., C.R.S., and the Highway Beautification Act of 1965, 23 U.S.C. 131, 23 C.F.R. 750.705(h) by establishing a statewide uniform program controlling the use of Advertising Devices in areas adjacent to the State Highway System. The intent of these Rules is to protect and promote the health, safety, and welfare of the traveling public and the people of Colorado, and to promote the reasonable, orderly and effective display of outdoor advertising, while preserving and enhancing the natural and scenic beauty of Colorado.

These Rules are written to comply with and implement the Colorado Revised Statutes and the requirements of 23 U.S.C 131, and federal regulations related to outdoor advertising control, 23 C.F.R.

Part 750. If any provision of these Rules or their application is held illegal, invalid, or unenforceable, no other provisions or applications of the Rules shall be affected and to this end the provisions of these Rules are severable. If these Rules conflict with relevant federal or state law, the federal or state law shall govern.

Application These Rules apply to all Advertising Devices adjacent to the State Highway System, and all routes on the National Highway System (“NHS”) that are Visible from the Main Traveled Way and within 660 feet of the nearest edge of the right-of-way and those additional Signs beyond 660 feet outside of Urban Areas which are Visible from the Main Traveled Way and erected with the purpose of their message being read from such Main Traveled Way. This area is collectively referred to throughout these Rules as the Control Area. [23 U.S.C. 131]. The Main Traveled Way means the Traveled way of a State Highway on which through traffic is carried. [23 U.S.C. 101; § 43-1-404(4), C.R.S.] These Rules do not apply to advertising billboards on land in Colorado held by the federal government in trust for Indian tribes. [23 U.S.C. 131] 1.00 Definitions 1.1 All definitions set forth in 23 C.F.R. § 750.102, 23 C.F.R. § 750.703, and § 43-1-403, C.R.S. shall apply to these Rules. If there is a conflict between the definitions in state and federal law and regulations and these Rules, the state and federal law definitions shall govern. Definitions are not listed in alphabetical order. 1.2 “Advertising Device” has the same meaning pursuant to § 43-1-403(1), C.R.S. 1.3 “Applicant” means a person, entity or agency who applies for an Outdoor Advertising Permit from CDOT to maintain or erect an Advertising Device. 1.4 “Bonus Area” shall have the definition set forth in § 43-1-406(2)(b), C.R.S., and means any portion of the area within six hundred sixty (hereinafter “660 feet”) feet of the nearest edge of the right-of-way of any portion of the federal interstate system of highways which is constructed upon any part of right-of-way, the entire width of which was acquired for right-of-way after July 1, 1956, or may be acquired in the future. A portion shall be deemed so constructed if, within such portion, no line normal or perpendicular to the center line of the highway and extending to both edges of the right-of-way will intersect any right-of-way acquired for right-of-way on or before July 1, 1956.

Bonus areas do not include Kerr areas or Cotton areas. 1.5 “CEVMS” or “Changeable Electronic Variable Message Sign” means a self-luminous advertising Sign which emits or projects any kind of light, color, or message change which ranges from static images to image sequences to full motion video. This shall include “Variable Message Sign” which means an advertising Sign, display or device with moving parts whose message may be changed by electronic or by remote control or other process through the use of moving or intermittent light or lights. [43-1-404(1)(f)(I), C.R.S.] 1.6 Repealed. 1.7 “Conforming Sign” means a Sign legally erected and maintained in accordance with state, federal, and local laws. 1.8 “Comprehensive Development” has the same meaning pursuant to § 43-1-403 (1.5), C.R.S. 1.9 “Control Area” means the area within 660 feet of the nearest edge of the State Highway right-ofway where an Advertising Device is Visible from the Main Traveled Way, and areas outside of Urban Areas that are more than 660 feet of the nearest edge of such right-of-way where an Advertising Device is Visible from the Main Traveled Way of the system, and erected with the

purpose of its message being read from the Main Traveled Way. 1.10 “Controlled Route” means any route on the National Highway System, which includes the interstate system, State Highways, and any route on the former federal-aid primary system in existence on June 1, 1991. 1.11 “Department” means the Colorado Department of Transportation (“CDOT”) created pursuant to § 43-1-103, C.R.S. 1.12 Repealed. 1.13 “Illegal Sign” means a Sign erected or maintained in violation of state or federal law, these Rules or local law or ordinance. 1.14 “Main Traveled Way” means the traveled way of a highway on which through traffic is carried. In the case of a divided highway, the traveled way of each of the separate roadways for traffic in opposite directions is a main traveled way. It does not include such facilities as frontage roads, turning roadways, or parking areas. [23 C.F.R. 750.703(h)] 1.15 “Maintain” means to allow to exist, or to preserve, keep in repair, continue or replace an Advertising Device. [§ 43-1-403(9), C.R.S. 23 C.F.R. 750.102 and 23 C.F.R. 750.153] 1.16 “Nonconforming Advertising Device” or “Nonconforming Sign” means a Sign which was lawfully erected but which fails to conform to the sizing, lighting, spacing or location requirements of law enacted at a later date or because of changed conditions, except those advertising devices allowed by § 43-1-404(1), C.R.S. [23 C.F.R. 750.707; § 43-1-413, C.R.S., § 43-1-403(12); § 43-1- 404(1)(e)(I), C.R.S.] 1.17 “Notice of Noncompliance” means the notice provided to the Applicant, Permittee or property owner providing the information regarding a violation as set forth in § 43-1-412, C.R.S., and these Rules. 1.18 Repealed. 1.19 Repealed. 1.20 Repealed. 1.21 “Parkland” means any publicly owned land which is designated or used as a public park, recreation area, wildlife or waterfowl refuge or historic site. 1.22 “Permit” means an official certificate or document which the Department issues or renews annually to allow an Advertising Device to display advertising. 1.23 “Permit Number Identifier” means a series of numbers assigned by the Department that is unique to the Advertising Device. 1.24 “Permittee” means a person, entity or agency that applies for and receives an Advertising Permit from the Department to maintain an Advertising Device. 1.25 Repealed. 1.26 “Property” means an area of land owned by one entity or person that is not severed by land owned by another, nor severed by a public roadway. 1.27 “Rest Area” means an area or site established and maintained within or adjacent to the highway right-of-way by or under public supervision or control for the convenience of the traveling public. [23 C.F.R. 750.153(l)] 1.28 “Sign” means any Advertising Device as defined in § 43-1-403(1), C.R.S. For purposes of these Rules, Sign shall have the same meaning as Advertising Device unless otherwise specified. 1.29 “State Highway System” for purposes of these Rules shall consist of the non-federal-aid system, including sections thereof within Urban Areas, the federal-aid primary and secondary system, the interstate system and freeways, including State Highways designated as scenic byways by the Colorado Transportation Commission. [23 USC 131(t); § 43-2-101(1) and § 43-1-419, C.R.S. ] 1.30 “State Highway” shall have the same meaning as defined in § 43-2-101, C.R.S. and shall include freeways for purposes of these Rules. 1.31 “Urban Area” pursuant to 23 U.S.C. 101 (33) means an urbanized area designated by the Bureau of the Census having a population of 5,000 or more and not within any urbanized area (as defined by 23 U.S.C. 101 (34)), within boundaries to be fixed by responsible State and local officials. 1.32 “Visible” means capable of being seen (whether or not legible) without visual aid by a person of normal visual acuity. [23 C.F.R. 750.153 (j)] 1.33 “Zoned for Commercial or Industrial Uses” means those districts established by the zoning authorities under authority of state law as being most appropriate for commerce, industry, or trade, regardless of how labeled. They are commonly categorized as commercial, industrial, business, manufacturing, highway service or highway business (when these latter are intended for highway-oriented business), retail, trade, warehouse, and similar classifications. [23 C.F.R. 750.703] 1.34 “Compensation” has the same meaning pursuant to § 43-1-403 (1.3), C.R.S. 2.00 Permitting 2.1 Signs Requiring a CDOT Permit A. A permit from the Department shall be required for all Signs within the Control Area as provided for in §§ 43-1-407 and 408, C.R.S. A permit is required for all Signs, including:

1. Nonconforming Advertising Devices [§ 43-1-403(12), C.R.S.];

2. Advertising Devices located in areas Zoned for Commercial or Industrial Uses by law [§ 43-1-404(1)(d) and (e), and § 43-1-407(1)(c), C.R.S.]; and 3. Advertising on Bus Benches and Shelters. [§ 43-1-407(2)(a)(I) through (III), C.R.S.]

3. Repealed. 2.2 Repealed. 2.3 Conditions that Prohibit CDOT from Issuing or Renewing a Permit [§ 43-1-411, and § 43-1- 417(3)(a), C.R.S. and 23 C.F.R. § 750.108]

A. The Department is prohibited from issuing a Permit for any Advertising Device pursuant to § 43-1-411, C.R.S. and 23 C.F.R. § 750.108 if the Sign:

1. Does not conform to size, lighting, and spacing standards as prescribed by these Rules where the Rules were adopted prior to the erection of the Advertising Device;

2. Would encroach upon the right-of-way of a public highway absent prior written approval from the Department;

3. Is within 500 feet of the center point of an intersection of a Controlled Route at grade with another highway or with a railroad so as to materially obstruct or reduce the existing view of traffic on the other highway or railway trains approaching the intersection;

4. Is along a Controlled Route where it would reduce the existing view of traffic in either direction or of traffic control or official highway signs to less than 500 feet;

5. Includes more than two advertising panels on an Advertising Device facing the same direction;

6. Required a permit prior to July 1, 1981, and no permit was obtained;

7. Simulates any official, directional, or warning sign erected or maintained by the federal or state government or local governing body which involves light that simulates or resembles traffic signals or traffic control signs;

8. Is nailed, tacked, posted, or attached in any manner on trees, plants, fence posts, public utility poles, rocks or other natural objects; or 9. The Department is prohibited from issuing or renewing a Permit if the Sign becomes decayed, insecure, or in danger of falling or otherwise is unsafe or unsightly due to lack of maintenance or repair, or from any other cause. 2.4 Required Permit Identification on the Sign [§ 43-1-409(4), C.R.S.]

A. The Sign must display the following information in a conspicuous location Visible from the Main Traveled Way:

1. The name of the Permittee or owner of the Permitted Sign;

2. The Permit Number Identifier assigned by the Department, which must be affixed within 30 days after the date of issuance;

B. If the name of the Permittee or owner and the Permit Identifier Number and any other required information is not conspicuous and Visible as required, the Permit for the device may be revoked pursuant to Rule 2.11. 2.5 Permit Term [§ 43-1-409(1)(a)-(b), C.R.S.]

A. The Department shall issue a Permit for up to one year from the date of issuance.

B. If the Advertising Device authorized by a Permit is not erected within 1 year from the Permit issuance date, then the Permit is void as of one year from the date it was issued [§ 43-1-409(1)(a), C.R.S.].

C. Permits shall be issued without proration for periods of less than 1 year. Permit renewals shall be received before June 1 of each year and shall be issued for a 1 year period beginning July 1 and ending June 30 the following year.

D. The permit holder may request a replacement Permit Identifier Number at no additional cost. 2.6 Permit Payment and Maintenance Requirements [§ 43-1-408 and § 43-1-409, C.R.S.]

A. All requirements set forth in § 43-1-408 and § 43-1-409, C.R.S., with respect to the Permit Application shall be met before a Permit is issued, including the fee payment for the Permit.

B. Permit Applications for Advertising Devices located in an area Zoned for Commercial or Industrial Uses must include proof of the dates of the initial and current zoning of the proposed Advertising Device’s location and any information that proves that the authorized governmental entity took official action to zone the area.

C. The Applicant shall not construct the Advertising Device structure prior to obtaining a Permit.

D. The Permittee shall repair, replace, and Maintain in good condition any damaged Advertising Device structure as allowed in these Rules.

E. A Permit must be obtained from the Department prior to entering the right-of-way to perform any kind of work. 2.7 Permit Renewals [§ 43-1-409, C.R.S.]

A. Every Permit must be renewed annually and accompanied by a renewal fee pursuant to § 43-1-409, C.R.S., with the exception of Permits related to advertising devices subject to agreements of certification between CDOT and the local zoning authority.

B. The Permit holder shall, during the term of the Permit, have the right to change the advertising copy, ornamentation, or trim on the structure or Sign subject to the Permit without payment of any additional fee.

C. Renewal fees shall be assessed in accordance with § 43-1-409, C.R.S.

D. If the renewal fee is not received on or before May 31, a late fee shall be assessed. The Department shall not waive late fees.

E. If the Department does not receive a timely application for renewal, the Department shall give written notice by certified mail to the Permittee requiring him or her within 60 days of receipt of the notice to apply for a renewal permit and pay an additional late fee pursuant to § 43-1-409, C.R.S., or remove the Advertising Device by a certain date. The notice shall include the right of the Permittee to request a hearing. [§ 43-1-412(2)(b), C.R.S.] 2.8 Permit Renewals for Advertising Device subject to Agreement of Certification between Department and Local Zoning [§ 43-1-409, C.R.S.]

A. A Permit renewal is not required for an Advertising Device erected in an area Zoned for Commercial or Industrial Uses where the local zoning authority has entered into an agreement of certification with the Department, and the local zoning authority has legal requirements in place concerning the control of Advertising Devices that are at least as restrictive as these Rules as to size, lighting, spacing, use and maintenance.

B. The local zoning authority’s agreement of certification must contain the terms set forth in § 43-1-409(2), C.R.S. If the Department determines after public hearing that the local zoning authority has failed to comply with its agreement of certification, the Department may rescind the agreement of certification by taking the steps set forth in § 43-1-409(2), C. The Department’s action resulting from this process shall constitute a final agency action.

D. In the event of rescission of the agreement of certification, the Permittee must renew the Permit. 2.9 Transfers of Permits [§ 43-1-409(7), C.R.S.]

A. A Permittee may transfer the Permit to another party.

B. The Permittee or the other party must file with the Department a transfer form signed by the Permittee and purchaser or transferee within 60 days of the transfer of legal interest in the Advertising Device.

C. The transfer form must include the name and address of the purchaser or transferee, the Permit Identifier Number, contact information for the Permittee and purchaser or transferee, and a copy of any lease or sale agreement documenting the transfer.

D. Any change in size, location, or materials of the Advertising Device shall require a new Permit application. 2.10 Permits for Bus Benches and Bus Shelters [§ 43-1-407(2)(A)(I) and (II), C.R.S.]

A. The Department shall issue a Permit to erect or Maintain an Advertising Device on a bus bench or bus shelter located within the right-of-way of any State Highway or on land adjacent to or Visible from the right-of-way of any State Highway if the local governing body having authority over the State Highway pursuant to § 43-2-135, C.R.S. has approved such Advertising Device.

B. The Department shall accept the local Permit as a state-approved Permit if the approval procedure of the local governing body included a determination that the Advertising Device does not restrict pedestrian traffic and is not a safety hazard to the motoring public. [§ 43-1-407(2)(a)(I), C.R.S.]

C. The Department shall not impose any additional or more strict requirements for Advertising Device Permits on bus benches or bus shelters than those imposed by a local governing body unless required by federal law, or based on safety requirements for bus benches or shelters.

D. If the bus bench or bus shelter is located on a Controlled Route outside of a city, city and county, or incorporated town, the Department shall have direct authority over the issuance of a permit. [§ 43-1-417, C.R.S. and 43-2-135, C.R.S.] 2.11 Permit Denial, Revocation, or Denial of Renewal [23 C.F.R. § 750.104; § 43-1-410, C.R.S.]

A. The Department may deny, revoke, or deny the renewal of a Permit for any violation of state or federal law or these Rules, including but not limited to:

1. False or misleading information in the Permit application or renewal;

2. Failure to maintain the Sign in good repair;

3. Failure to comply with all Permit provisions;

4. Increasing the permitted size of an Advertising Device; or 5. Any violation of federal law referenced herein, § 43-1-401, et seq., C.R.S. or B. The Department will notify the Applicant or Permittee in writing stating the reasons for the denial of the application, the denial of the renewal of the Permit, or the revocation of the Permit along with the opportunity to request a hearing as set forth in Rule 5.00. 3.00 Notice of Noncompliance Pursuant to § 43-1-412, C.R.S. 3.1 Repealed. 3.2 Grounds for Noncompliance A. Sign lacking a CDOT Permit [§ 43-1-412(2)(a), C.R.S.]

5. If a Permit has not been obtained for the Advertising Device, the Department shall give written Notice of Noncompliance by certified mail to the owner of the Property on which the Sign is located. Such notice will:

a. Inform the Property owner that the Advertising Device is illegal;

b. Require the owner to remove the Sign within 60 days of receipt of the notice, execute an affidavit under the penalty of perjury as evidence that the device is not an Advertising Device, or obtain a permit; and c. Advise the Property owner of the right to request a hearing.

B. Permit Renewal. [§ 43-1-412(2)(b), C.R.S.]

1. Permitted Signs are subject to renewal requirements.

2. If the Department does not receive a Permit renewal application as required, the Department shall give the Permittee written notice by certified mail that:

a. Requires the Permittee to apply for a renewal Permit and pay the required late fee within 60 days of receipt of the notice or remove the Sign; and b. Advise the Permittee of the right to request a hearing.

C. Permit Revoked or Renewal Denied. § 43-1-412(2)(c), C.R.S.

1. If the Department determines that a renewal application should be denied or that an existing Permit should be revoked, the Department shall give the Applicant or Permittee written notice by certified mail that:

a. Specifies in what respect he or she has failed to comply with state or federal law and these Rules;

b. Requires the removal of the Advertising Device or correction of the violation, if correction is permissible, within 60 days of receipt of the notice; and c. Advises the Applicant or Permittee of the right to request a hearing. See

Rule 5.00. 4.00 Due Process and Enforcement A. After the 60 day notice period has expired, the Department may determine with or without a hearing whether the Advertising Device is in compliance.

B. If the Department determines the Advertising Device is not in compliance with state and federal law and these Rules, it shall issue an order that shall be served upon the party by certified mail setting forth:

1. The provisions of the law or Rules violated;

2. The facts alleged to constitute the violation;

3. The time by which the Advertising Device must be removed; and 4. That the Advertising Device will be removed at the party’s expense. [§ 43-1- 412(4), C.R.S.]

C If the party does not remove the Advertising Device as ordered, the Department is authorized to remove it immediately and bill the appropriate party for costs incurred. [§ 43-1-412(5), C.R.S.]

D. If the Property owner does not consent to the Department’s entry upon the land to remove the Advertising Device, and no party has sought judicial review pursuant to the State Administrative Procedure Act, the Department may apply to a court of competent jurisdiction for an order allowing the Department to enter upon the land for the purpose of immediately removing the Advertising Device.

E. The court shall issue such order upon proof the Advertising Device has not been removed and judicial review has not been sought. [§ 43-1-412(5), C.R.S.]

F. Upon removal of the Advertising Device pursuant to § 43-1-412, C.R.S., neither the owner of the Property upon which it was erected nor the Department shall be liable in damages to anyone who claims to be the owner of the Advertising Device but who has failed to obtain a Permit.

G. The Department shall not be responsible for damages otherwise created by the removal of the Advertising Device or for its destruction subsequent to removal. [§ 43-1-412(6), C.R.S.] 5.00 Hearings 5.1 Request for Hearing A. A request for a hearing must be received by the Department no later than sixty (60) days after receipt of the notice. An Applicant who was denied a Permit may request an expedited hearing within thirty (30) days of the notice of denial pursuant to § 43-1-408(3), B. The request for hearing must be made in writing, by certified mail, addressed to and received by:

Colorado Department of Transportation Outdoor Advertising Program 2829 W. Howard Place Denver, Colorado, 80204 C. All hearings and appeals will be conducted pursuant to §§ 24-4-105 and 106, C.R.S. 6.00 Signs Allowed in Control Areas [§ 43-1-404, C.R.S., 23 USC § 131, 23 C.F.R. § 750.105; 23 C.F.R. § 750.108] 6.01 Advertising Devices Allowed A. The following Signs may be allowed within the Control Area adjacent to the Controlled Route:

1. Repealed;

2. Advertising Devices, which include:

a. Signs in Areas Zoned for Commercial or Industrial Uses;

b. Nonconforming Signs;

c. Repealed;

d. Advertising Devices on Scenic Byways (See Rule 9.00);

e. Repealed;

f. Repealed;

g. Repealed; and h. Changeable Electronic Variable Message Signs (“CEVMS”). 6.02 Repealed. 6.03 Advertising Devices 6.03.1 General Requirements A. Signs include:

1. Signs in Areas Zoned for Commercial or Industrial Uses;

2. Nonconforming Signs;

3. Repealed; and 4. Advertising Devices on Scenic Byways.

4. Repealed.

5. Repealed.

B. An Advertising Device shall comply with the requirements set forth in these Rules and 23 C.F.R. § 750.108. All Signs shall not:

1. Attempt to direct the movement of traffic or interfere with or resemble an official traffic sign, signal or device; [23 C.F.R. 750.108(a)]

2. Interfere with a driver’s clear and unobstructed view of official signs and approaching, intersecting or merging traffic; [23 C.F.R. § 750.108(b)]

3. Contain or be illuminated by any flashing, intermittent or moving light(s); [23 C.F.R. 750.108(c)]

4. Contain any animated parts or moving parts; [23 C.F.R. 750.108(e)]

5. Be illuminated by lights that interfere with a driver’s vision or cause glare so as to impair the driver’s vision, or that interfere with a driver’s operating the vehicle; [23 C.F.R. 750.108(d)]

6. Be erected or displayed upon any natural feature, fence, [23 C.F.R. 750.108(f)] or utility pole. [§ 43-1-411(4), C.R.S.]

C. No new Advertising Device shall be erected adjacent to a Scenic Byway. [§ 43-1- 419, C.R.S.]

D. A Sign shall be considered abandoned if it meets the requirements of Rule 6.03.3(B).

E. Measuring Distances between Signs [23 C.F.R. § 750.103]

1. Distances from the edge of the right-of-way shall be measured horizontally along a line perpendicular to the centerline of the highway.

2. All distances shall be measured along the centerline of the highway between two vertical planes which are normal or perpendicular to and intersect the centerline of the highway, and which pass through the termini of the measured distance. 6.03.2 Nonconforming Advertising Devices A. CDOT has authority over all Nonconforming Signs located along a Controlled Route and that are Visible from the Main Traveled Way with the purpose of their messages being read, except such Signs in Urban Areas that are more than 660 feet from the nearest edge of the Controlled Route right-of-way. [23 C.F.R.

750.704; § 43-1-406, C.R.S.]

B. Legal Requirements to Maintain and Continue Nonconforming Signs. [23 C.F.R. 750.707]

1. There must be existing Property rights in the Nonconforming Sign and the Sign owner must be able to prove the legal right to install a Sign on the Property.

2. The Nonconforming Sign must have been lawfully in place on the effective date of the state law or rule, and must have continued to be lawfully maintained following passage of the state law or rule.

3. The Nonconforming Sign may be sold, leased, or otherwise transferred without affecting its status, but its location may not be changed.

4. A Nonconforming Sign removed as a result of a right-of-way taking or for any other reason may be relocated to a conforming area but cannot be reestablished at a new location as a nonconforming use. [23 C.F.R. 750.707(d)(3)] 6.03.3 Sign Repairs [23 C.F.R. § 750.707; § 43-1-413, C.R.S.]

A. Reasonable and Customary Repair of a Nonconforming Sign. This section provides guidance on what constitutes Reasonable and Customary Repair not to exceed 50% replacement cost per year. Nothing within this section allows for changing any aspect of or the character of a Nonconforming Sign. Such a change shall be considered a violation of § 43-1-413(1)(c), C.R.S.

1. The Nonconforming Sign must remain substantially the same as it was on the date it was designated as a Nonconforming Sign.

2. A Permittee is responsible for reasonable and customary repair and maintenance of the Nonconforming Sign.

3. A Permittee must notify CDOT prior to performing any customary repair or maintenance of the Nonconforming Sign if such customary repair or maintenance involves replacing the entire face or head of the Sign, or if it involves replacement of all supporting poles of the Sign.

4. Reasonable and customary repair and maintenance of the Nonconforming Sign, including a change of advertising message or design, is not a change that would terminate nonconforming rights, but such change shall be non-compensable. [§ 43-1-413(3), C.R.S.]

5. Reasonable and customary repair and maintenance of the Nonconforming Sign shall not exceed 50% of the replacement cost of the Device in any given calendar year.

6. Nonconforming Signs that require more than 50% of their replacement cost in repairs in any given calendar year to maintain minimum structural integrity and operational functionality will be determined by the Department as being obsolete (See Rule 6.03.3 B). Such Signs shall not be repaired, shall lose their nonconforming status and shall be removed as Illegal Signs by the Sign owner at his or her expense without compensation. [§ 43-1-412 and 413, C.R.S.; 23 C.F.R. 750.707(d)(6)]

7. Any repairs exceeding 50% of the replacement cost of the Nonconforming Sign shall constitute substantial repair in violation of § 43-1-413, C.R.S. if such customary repair or maintenance involves replacing the entire face or head of the Sign, or if it involves replacement of all supporting poles of the Sign. This shall result in termination of the right to maintain the Nonconforming Sign. (See Rule 6.03.3 C 5.)

B. Abandoned, Discontinued or Obsolete Nonconforming Signs. [23 U.S.C. § 131; 23 C.F.R. § 750.707; § 43-1-413(2)(f), C.R.S.]

1. Abandoned or Discontinued Signs a. An abandoned or discontinued Sign is one that for one year or more years is without advertising matter, or is in need of substantial repair. Such Signs determined by the Department as abandoned or discontinued are subject to removal as Illegal Signs under § 43-1-412, C.R.S.

2. Obsolete Signs a. For purposes of these Rules, “obsolescence” in § 43-1-413(2)(f), C.R.S. shall refer to Sign design, structure or other physical elements of the Sign, and not to displayed advertising.

b. A Nonconforming Sign will be determined obsolete and thus irreparable and illegal under § 43-1-413(2) and (4), C.R.S. if the cost to maintain and/or repair or replace the Sign exceeds 50% of the replacement cost of such device on the date that the Department determined the device is obsolete as set forth in C. Damage or Destruction of Nonconforming Signs. [23 C.F.R. § 750.707(d)(6); § 43-1-413(2)(e), C.R.S.]

1. A Nonconforming Sign that is damaged or destroyed from any cause except willful destruction may lose its nonconforming status and become an Illegal Sign under the law. Illegal Signs shall be removed by the owner at their own expense and without compensation, pursuant to § 43- 1-412, C.R.S.

2. Signs that are damaged or destroyed to the degree that the cost to repair such damage or destruction exceeds 50% of the Sign’s replacement cost on the date the damage or destruction occurred shall not be repaired or replaced, but shall lose their nonconforming status and shall be removed as Illegal Signs pursuant to § 43-1-413 and 412, C.R.S.

3. A Permittee must notify CDOT prior to performing any repair of damage to or destruction of the Nonconforming Sign if such repair involves replacing of the entire face or head of the Sign, or if it involves replacement of all supporting poles of the Sign.

4. The Department shall determine whether a Sign has been damaged or destroyed to a degree that terminates the Nonconforming Sign’s nonconforming status based on the schedule of compensation referenced in § 43-1-413(2)(e), C.R.S., as follows:

a. For purposes of these Rules, the schedule of compensation referenced in § 43-1-413(2)(e), C.R.S. is referred to as the “replacement cost schedule.”

b. The replacement cost schedule is used to determine whether the cost to repair damage or destruction to a Nonconforming Sign exceeds 50% of the replacement cost of the Sign, in which case the Sign is determined as “obsolete”. The replacement cost is the cost of the Sign as if installed new on its existing Sign site on the date the damage or destruction occurred.

c. If the damage or destruction to the Sign is the result of willful destruction, the 50 % rule and the replacement cost schedule do not apply and the Sign may be repaired or restored to its same physical characteristics as existed on the date it became nonconforming.

d. The procedure under (1) through (5) below shall determine whether the damaged or destroyed Nonconforming Sign may be repaired or restored:

(1) The Sign owner shall obtain and pay for one but not more than three repair cost estimates of the Nonconforming Sign. The estimates must be made by an independent licensed general contractor or other licensed professional (Sign installation contractor or similar). These estimates must be provided in 7 business days from the damage or destruction of the Sign;

(2) The Department also may obtain an equal number of repair cost estimates for the Nonconforming Sign under (1) above. The estimates must be made by an independent licensed general contractor or other licensed professional (Sign installation contractor or similar). These estimates must be provided in 7 business days from the damage or destruction;

(3) The Department shall, at its discretion, either accept the single estimate or average of up to three estimates obtained in section (1) as the repair cost of the Sign or shall use the average of all of the estimates obtained in sections (1 and 2) to establish the repair cost of the Nonconforming Sign.

(4) The cost to replace the entire Nonconforming Sign shall be determined according to the replacement cost schedule that is based on the Federal Highway Administration Non-Regulatory Supplement Federal-Aid Policy Guide, Transmittal 35 Attachment: Sign and Site Valuation Formula and Schedule Guide for Controlling Outdoor Advertising Pursuant to 23 U.S.C. 131 dated February 16, 2006, NS 23 C.F.R. 750D, Parts I, II, III.

The data relied upon as developed using the FHWA Guide shall be processed based on elements of the real estate appraisal methodology known as the Cost Approach. Replacement cost shall not include the cost of land, the cost of renting land, nor any factor other than the Nonconforming Sign itself.

(5) The Department shall make a determination whether the Sign may be repaired or restored based on (3) and (6) Whether the cost of repairing or restoring the Sign exceeds 50% of the replacement cost of the Nonconforming Sign on the date of damage or destruction. (Repair cost/replacement cost = percentage of repair to replacement).

5. If the Department determines that the cost to repair or restore the Sign is greater than 50% of the Sign’s replacement cost, the Nonconforming Sign shall not be repaired or restored and shall lose its right to be maintained. Such determination must be made within 7 business days of the completion of the procedure in subsection 4. d. above. The Nonconforming Sign shall become illegal as described in § 43-1-413, C.R.S., the Permit shall be revoked and the Sign structure will be removed at the owner’s expense without compensation, as described in § 43-1-412, C.R.S.

D. Repairs Authorized 1. No damage or destruction to the Nonconforming Sign shall be repaired without prior written Department approval, which must be given within the time set forth in subsection C.

2. Upon Department notice to the Sign owner that the repairs may be made, the repairs must be completed within 60 days from the date of such notification or the Permit shall be revoked and the Sign structure will be removed as an Illegal Sign at the Sign owner’s expense and without compensation.

3. The Department may extend the 60-day repair period an additional 30 days for conditions beyond the Sign owner’s control and upon written proof of good faith effort to repair the Sign.

E. Acquisition Procedures for Nonconforming Signs pursuant to § 43-1-414(1), C.R.S. This section of the Rules applies where the Department either acquires a Sign by gift, exchange or agreement, or eminent domain.

1. Eminent Domain. If the Nonconforming Sign is acquired by eminent domain, CDOT shall follow the procedures set forth in § 38-1-101, et seq. C.R.S. and § 24-56-101, et seq., C.R.S. If the acquisition is not through eminent domain, the following procedures apply.

2. Non-Eminent Domain Purchase. The Department and Nonconforming Sign owner may agree on a purchase price for CDOT to acquire the Sign for any purpose, which price may be based on an appraisal performed as described below.

a. Appraisal of Nonconforming Sign pursuant to § 43-1-414(4), C.R.S. If the Department appraises the value of the Nonconforming Sign, the appraisal shall be conducted according to the standards and practices set forth in the Uniform Standards of Professional Appraisal Practice (USPAP), 2014-2015 edition.

CDOT may compensate the owner and acquire the Nonconforming Sign at a price that is not less than the Sign’s appraised market value according to such market value definition referenced in USPAP.

b. The Sign appraisal shall take into account normal depreciation of the Sign according to appraisal standards and practices set forth in the 2014-2015 USPAP.

c. Nonconforming Sign owners must obtain the Department’s prior approval if any modification is made to a Nonconforming Sign in conformance with these Rules. Nonconforming Signs that have been modified without prior approval of the Department may lose their nonconforming status.

d. Nonconforming Signs that have been modified with approval of the Department will be appraised and the owner compensated according to the Sign’s original design and construction as if no design changes or modifications had been made; however, where these same changes shall have resulted in a decrease in value, the appraisal and compensation shall reflect those design changes or modifications made and any lower value resulting therefrom. [§43-1-414(2), C.R.S.]

3. Sign Site. Where CDOT acquires a Sign by gift, exchange, agreement or purchase, the Department also may appraise and compensate the owner of the underlying Sign site for any Property right extinguished as a result of the Sign acquisition. 6.03.4 Termination of Nonconforming Sign 1. The right to maintain a Nonconforming Sign shall be terminated by the Department if any of the conditions listed in § 43-1-413(2), C.R.S. occur.

4. If the right to maintain the Nonconforming Sign is terminated, it shall become illegal and be removed pursuant to § 43-1-412 C.R.S., and these Rules. 6.03.5 Tourist-Related Nonconforming Advertising Devices – Exemption [23 C.F.R.

750.503; § 43-1-414, C.R.S.]

1. Tourist Related Nonconforming Advertising Devices which comply with state and federal requirements may be exempted from removal pursuant to § 43-1-414(5), 2. “Tourist Related Advertising Device” means any legally erected and maintained Advertising Device which was in existence on May 5, 1976, and which provides directional information about goods and services in the interest of the traveling public limited to the following: lodging, campsites, food service, recreational facilities, tourist attractions, educational or historical sites or features, scenic attractions, gasoline stations, or garages. 7.00 Signs in Areas Zoned by Law for Industrial or Commercial Uses [23 C.F.R. § 750.708; § 43-1-404(1)(e)(I); § 43-1-406(2)(b)(I) and (II), C.R.S.]

A. Location 1. Advertising Devices may be located in areas Zoned for Commercial or Industrial Uses as defined in section 1.33 of these Rules. Primary land use of the Sign location must be commercial or industrial and the zoning must be part of a comprehensive zoning.

2. Advertising Devices located adjacent to the Interstate Right-of-Way:

a. Cotton Area: Adjacent to right-of-way that was acquired prior to July 1, 1956 for roadway purposes and zoned as commercial or industrial prior to January 1, 1970 (Cotton Area, see § 43-1-406(2)(b)(II) C.R.S.); or b. Kerr Area: Outside the boundaries of incorporated municipalities, as those boundaries existed on September 21, 1959 and clearly established by state law as industrial or commercial before that date and zoned for industrial or commercial uses under authority of state law prior to January 1, 1970; see § 43-1-404(1)(d) and § 43-1-406(2)(b)(I) C.R.S.; or c. Kerr Area: Within the boundaries of incorporated municipalities, as those boundaries existed on September 21, 1959 and zoned for industrial or commercial uses before January 1, 1970 (§ 43-1-406(2)(b)(I) C.R.S.).

B. Size Requirements [§ 43-1-404(1), C.R.S.]

1. Advertising Device measurements shall be inclusive of any border and trim, but excluding the base, apron, supports, and other structural members.

2. The maximum size limitations shall apply to each side of a Sign structure. Signs may be placed back-to-back, or in V-type construction with not more than two displays to each facing.

3. In areas Zoned for Commercial or Industrial Uses by law prior to January 1, 1970, the Sign shall have:

a. A maximum area for any one Sign of 1200 square feet Visible in any one direction of travel;

b. A maximum Sign face height of 30 feet; and c. A maximum Sign face length of 60 feet.

4. In areas Zoned for Commercial or Industrial Uses on or after January 1, 1970, located along non-interstate Controlled Routes, the Sign shall:

a. Be no larger than 150 square feet; and b. Be located within one thousand feet of an industrial or commercial building.

5. Repealed.

C. Lighting 1. Advertising Devices that contain, include, or are illuminated by any flashing, intermittent, or moving light or lights are prohibited.

2. Advertising Devices are prohibited that are not effectively shielded as to prevent beams or rays of light from being directed at any portion of the traveled ways of the State Highway System and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or which otherwise interfere with any driver's operation of a motor vehicle.

3. No Sign shall be so illuminated that it interferes with the effectiveness of, or obscures an official traffic sign, device, or signal.

4. All lighting shall be subject to any other provisions relating to lighting of Signs presently applicable to all Controlled Routes under the jurisdiction of the State.

5. CEVMS technology shall not, in itself, constitute the use of flashing, intermittent or moving light or lights.

6. An Advertising Device may contain a message center display with moveable parts and a changeable message that is changed by electronic processes or by remote control. The illumination of an Advertising Device containing a message center display is not the use of a flashing, intermittent or moving light for the purposes of these Rules. [§ 43-1-404(1)(f), C.R.S.]

D. Spacing of Signs 1. Advertising Devices on Control Routes may not be located in such a manner as to obscure, or otherwise physically interfere with the effectiveness of any official traffic sign, signal, or device, obstruct or physically interfere with the driver’s view of approaching, merging or intersecting traffic.

2. Interstate Highways and Freeways:

a. No two Signs shall be spaced less than 500 feet apart.

b. Outside of incorporated villages and cities, no Advertising Device may be located adjacent to or within 500 feet of an interchange, intersection at grade, or safety Rest Area. The 500 feet is to be measured along the Interstate or Freeway from the beginning or ending of pavement widening at the exit from or entrance to the main-traveled way.

3. All other Controlled Routes except Interstate and Freeways a. Outside of incorporated villages and cities, no two structures shall be spaced less than 300 feet apart.

b. Within incorporated villages and cities, no two structures shall be spaced less than 100 feet apart.

4. The above provisions for spacing-between-structures do not apply to structures separated by buildings or other obstructions in such a manner that only one Sign face located within the above spacing distances is Visible from the highway at any one time.

5. The minimum distance between structures shall be measured along the nearest edge of the pavement between points directly opposite the Advertising Devices along each side of the State Highway and shall apply only to structures located on the same side of the State Highway.

6. Signs that are not lawfully maintained shall not be counted nor shall measurements be made from them for purposes of determining compliance with spacing requirements.

7. If a Sign was erected prior to July 9, 1971 in an area Zoned for Commercial or Industrial Uses, see Rule 6.03.2 “Nonconforming Advertising Devices.” 8.00 Repealed. 9.00 Advertising Devices on Scenic Byways [§ 43-1-419, C.R.S.; 23 U.S.C. § 131(s)]

A. A Scenic Byway is a road designated as such by the Colorado Transportation Commission along a Controlled Route.

B. No new Advertising Device shall be erected along a Scenic Byway that is visible from the Controlled Route.

C. Existing Advertising Devices along Scenic Byways which are in compliance with state and federal law and these Rules may continue to be maintained; however, they will have the status of Nonconforming Signs.

D. For purposes of this section, an Advertising Device shall be considered to be Visible from a designated highway if it is plainly visible to the driver of a vehicle who is proceeding in a legally designated direction and traveling at the posted speed. [23 C.F.R. 750.153 (j); § 43-1-403(17), C.R.S.]

E. The designation of a Scenic Byway shall specify by Global Positioning System or other technology the precise location of the Scenic Byway. 10.00 Repealed. 11.00 Repealed. 12.00 CEVMS Advertising Devices A. Authority. The Department has authority to control the brightness, intervals, spacing and location of CEVMS Advertising Devices along Controlled Routes for the purpose of ensuring safety to the travelling public. [23 USC §131 (c)(3) and (j); 23 C.F.R. § 750.705; § 43-1-404(1)(f), and § 43-1-415(1), C.R.S.]

B. Definitions 1. “CEVMS” or “Changeable Electronic Variable Message Sign” means a selfluminous advertising Sign which emits or projects any kind of light, color, or message change which ranges from static images to full motion video. This shall include “Variable Message Sign” which means an advertising Sign, display or device with moving parts whose message may be changed by electronic or by remote control or other process through the use of moving or intermittent light or lights. [43-1-404(1)(f)(I), C.R.S.]

2. “Footcandle” means a unit of Illuminance equivalent to the illumination produced by a source of one candle at a distance of one foot and equal to one lumen incident per square foot.

3. “Glare” means the sensation produced by Illuminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted to cause annoyance, discomfort, or loss of visual performance and visibility.

4. “Illuminance” means the amount of light that is intercepted by an object that is a distance away from the Sign measured in Footcandles. That is, the lighted Sign face illuminates objects that are away from it, and the lighting level produced by the Sign on a particular object is measured in Footcandles.

5. “Luminance” means the photometric measure of the luminous intensity per unit area of light travelling in a given direction. It describes the amount of light that passes through or is emitted from a particular area, and falls within a given solid angle. The unit for luminance is candela per square meter (cd/m2), also known as “nit”.

6. “Message” means anything displayed on a Sign, including copy, art and graphics.

7. “Multiple Message Sign” (also known as tri-vision Signs) means an outdoor advertising Sign, display or device whose message is on triangular louvered facings and are changed by electronic or other rotation of the louvers.

8. “NIT” means a unit of visible-light intensity equal to one candle per square meter, measured perpendicular to the rays of the source.

9. Repealed.

10. “Segmented Message” means any message or distinct subunit of a message presented by means of at least one display change on a variable message Sign.

11. “Traveling Message” means a message which moves or appears to move across any Advertising Device.

C. General Requirements 1. The CEVMS shall comply with all applicable federal, state, and local laws, rules and regulations.

2. Location a. No CEVMS may be placed within 1,000 feet of another CEVMS on the same side of a highway and facing the same direction of travel. [§ 43-1- 404(1)(f)(I), C.R.S.]

b. A CEVMS shall not prevent the driver of a vehicle from having a clear and unobstructed view of official signs and approaching or merging traffic.

c. A CEVMS shall not interfere with or direct, or attempt to direct, the movement of traffic, or resemble or simulate any warning or danger signal, or any official traffic control device, or contain wording, color, shapes or likenesses of official traffic control devices;

d. A CEVMS shall not be maintained upon trees or rocks or other natural features.

3. Mechanics a. A CEVMS shall not move or have any animated or moving parts.

b. A CEVMS shall not contain, incorporate or use any inter-active component or medium, and shall not interact with drivers or interfaces with cell phones or any other electronic device.

c. A CEVMS shall not incorporate, use or emit any sound or noise or any electronic signals capable of being detected or emit any smoke, scent or odors.

4. Operations a. CEVMS Advertising Devices found to be brighter than necessary for adequate visibility shall be adjusted by the person owning or controlling the Sign to conform to the requirements of state and federal laws and b. CEVMS must:

(1) Use sufficient safeguards to prevent unauthorized access, use or hacking of CEVMS and related technology, including infrastructure, hardware, software and networks, by unauthorized users;

(2) Include the ability to be held on a static image in the event a malfunction occurs that violates these Rules;

(3) Not contain animation, flashing, scrolling or travelling messages, or intermittent or full-motion video;

(4) Not change intensity or expose its message for less than 4 seconds.

(5) Have a transition interval of less than 1 second.

(6) The Permit holder is responsible for any changes, alterations or modifications to the display of the CEVMS made by an unauthorized user.

5. Operational Requirements Specific to CEVMS Advertising Devices a. General Requirements.

(1) A CEVMS must include the ability to automatically or technologically modify displays and lighting levels where directed by the Department to assure safety of the motoring public.

(2) The Permit holder, Sign owner or third party must have the ability to repair and monitor the brightness.

(3) A CEVMS shall be capable of being remotely monitored to ensure conformance with these Rules and state and federal laws.

b. Brightness.

(1) A CEVMS shall adhere to the brightness standards set forth herein.

(2) CEVMS shall not exceed three-tenths (0.3) Footcandles over ambient light as measured by the distance to the Sign set forth below with a Footcandle or Illuminance meter that can measure to the 100th of a Footcandle.

(3) The measurement shall be conducted at least 30 minutes after sunset or 30 minutes before sunrise.

(4) If the Footcandle reading exceeds the 0.3 Footcandles, then the nighttime luminance which shall not exceed 300 NIT (candelas per square meter) which may be measured with a nit gun or luminance meter that can read to the accuracy of 5 nits.

(5) Any measurements required pursuant to this subsection shall be taken from a point within the highway right-of-way at a safe distance outside of the Main Traveled Way and as close to perpendicular to the face of the changeable message Sign as practical.

(6) If a perpendicular measurement is not practical, a measurement shall be taken at an angle up to ten degrees (10 degrees) offset from the perpendicular center point of the Sign face.

(7) Upon request, the Sign owner shall provide written certification from the Sign manufacturer that the light intensity has been factory pre-set not to exceed 0.3 Footcandles above ambient light as measured from the appropriate distance (see chart in

Section 12.C.5.10) and the Sign is equipped with automatic dimming technology.

(8) The CEVMS shall not be of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle, or to otherwise interfere with any driver’s operation of a motor vehicle.

(9) The CEVMS shall have the capability of adjusting brightness level in response to changes in ambient light levels so the Signs are not unreasonably bright for the safety of the motoring public.

(10) A CEVMS shall use automatic dimming technology to adjust the brightness of the Sign relative to ambient light so that at no time shall a Sign exceed a brightness level of three tenths (0.3)

Footcandles above ambient light, as measured using a Footcandle meter and in conformance with the following distance table:

Brightness / Illuminance Measurements shall be taken as follows:

CEVMS Sign Illuminance Measurement Distance Sign Area (square feet) Distance of Measurement (feet from Sign) 700 – 1200 350 300 – 699 250 200 – 299 150 150 – 199 135 100 – 149 110 50 – 99 90 25 – 49 55 0 – 24 45 D. Conversion from a Static Advertising Device to a CEVMS 1. A Nonconforming Sign shall not be converted to a CEVMS.

2. An existing permitted static outdoor Advertising Device may be converted to a CEVMS, provided the existing Sign:

a. Has been approved by the local government, if applicable, and the state prior to conversion;

b. Was legally erected;

c. Has had all permit fees timely paid; and d. Is in compliance with these Rules and with federal, state and local laws.

3. The conversion of a static outdoor Advertising Device to a CEVMS must be completed within 1 year of CDOT’s written approval of the CEVMS Conversion.

The Applicant must reapply if not completed within 1 year.

4. Site Review. The Department may conduct a site review and inspection prior to permitting a conversion to CEVMS to ensure that the description, location, and other information contained in the application for conversion is in compliance with 5. Compliance Grace Period. Any CEVMS permitted prior to the effective date of these Rules shall conform with the requirements of these Rules within 180 days of the effective date of the Rules or such CEVMS shall be deemed illegal and non-compensable and subject to removal by the Department at the expense of the Sign owner.

5. Appeal Regarding a CEVMS. In the event of an appeal, a CEVMS must be maintained in a static blank Sign display until the appeal is resolved. 13.00 Materials Incorporated by Reference A. These Rules are intended to be consistent with and not be a replacement for 23 United States Code (U.S.C.) § 131 dated December 4, 2015, and its implementing regulations contained in 23 Code of Federal Regulations (C.F.R.) Part 750 in effect as of August 23, 1985 which are hereby incorporated into the Rules by this reference pursuant to § 24-4- 103(12.5), C.R.S., and do not include any later amendments.

6. Copies of the referenced United State Code may be obtained from the following address:

Office of the Law Revision Counsel U.S. House of Representatives H2-308 Ford House Office Building Washington, DC 20515 (202) 226-2411 https://uscode.house.gov/browse.xhtml 2. Copies of the referenced Code of Federal Regulations may be obtained from the following address:

U.S. Government Publishing Office 732 North Capitol Street, N.W.

Washington, DC 20401 (866) 512-1800 https://www.govinfo.gov/ B. Also incorporated by reference are the following documents and do not include any later amendments:

1. Federal Highway Administration (FHWA) Non-Regulatory Supplement Federal- Aid Policy Guide, Transmittal 35 Attachment: Sign and Site Valuation Formula and Schedule Guide for Controlling Outdoor Advertising Pursuant to 23 U.S.C. § 131 dated February 16, 2006, NS 23 C.F.R. 750D, Parts I, II, III.

Copies of the referenced FHWA Transmittal 35 Attachment may be obtained from the following address:

Federal Highway Administration Office of Chief Counsel 1200 New Jersey Avenue, SE.

E82-101

Washington, DC 20509 (202) 366-1376 https://www.fhwa.dot.gov 2. Uniform Standards of Professional Appraisal Practice (USPAP), 2020- 2021 Edition.

Copies of the referenced USPAP may be obtained from the following address:

The Appraisal Foundation 1155 15th Street, NW, Suite 1111 Washington, DC 20005 (202) 347-7722 https://www.appraisalfoundation.org/ C. All referenced laws and regulations shall be available for copying or public inspection during regular business hours from the Office of Policy and Government Relations, Colorado Department of Transportation, 2829 W. Howard Place, Denver, Colorado 80204. 14.00 Declaratory Orders A. Any person may petition the Executive Director for a declaratory order pursuant to § 24- 4-105(11), C.R.S.

B. Contents of the Petition 1. The name of address of the petitioner.

2. Whether the petitioner is a Permittee and what interest, if any, they have or would have in the applicable Advertising Device or proposed Advertising Device.

3. Whether the petitioner is involved in any pending administrative hearings or lawsuits with the Department or the relevant local jurisdiction.

4. The statute, rule, or order to which the petition relates.

5. A concise statement of all of the facts necessary to show the nature of the controversy or the uncertainty as to the applicability to the petitioner of the statute, rule, or order to which the petition relates.

6. A concise statement of the legal authorities, if any, and such other reasons upon which the petitioner relies.

C. The Executive Director Retains Discretion Whether to Entertain Petition.

The Executive Director or designee will determine, in their sole discretion without prior notice to the petitioner, whether to entertain any petition. If the Executive Director or designee decides not to entertain a petition, the Department will notify the petitioner in writing of its decision and the reasons for that decision. Any of the following grounds may be sufficient reason to refuse to entertain a petition:

1. A ruling on the petition will not terminate the controversy nor remove uncertainties concerning the applicability to petitioner of the statute, rule, or order in question.

2. The petition involves a subject, question, or issue that is relevant to a pending hearing before the state or any local licensing authority, an on-going proceeding conducted by the Department, or relates to an issue or case which is currently the subject of litigation.

3. The petition seeks a ruling on a moot or hypothetical question.

4. Petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Colo. R. Civ. Pro. 57, which will terminate the controversy or remove any uncertainty concerning applicability of the statute,

rule, or order.

D. Executive Director Entertains the Petition.

If the Executive Director or designee determines to entertain the petition for a declaratory order, the Department will notify the petitioner, and any of the following procedures may apply:

1. The Executive Director or designee may expedite the matter by ruling on the

basis of the facts and legal authority presented in the petition, or by requesting the parties to submit additional evidence and legal argument in writing.

2. In the event the Executive Director or designee determines that an evidentiary hearing is necessary to a ruling on the petition, a hearing will be conducted in accordance with the State Administrative Procedure Act, § 24-4-101, C.R.S. et seq. The petitioner will be identified as Respondent.

3. The parties to any proceeding pursuant to this Rule will be the petitioner/Respondent and the Department. Any other interested person(s) may seek leave of the Department to intervene in the proceeding and such leave may be granted if the Department determines that such intervention will make a separate petition by the interested person(s) for a separate declaratory order unnecessary.

4. The declaratory order will constitute a Final Agency Order subject to judicial review pursuant to § 24-4-106, C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 02/14/2015.

Rules 1.1, 1.2, 1.8, 1.23, 1.34, 2.1 A.2, 2.3 A, 2.11, 3.2 A, 3.2 C, 5.00, 6.01 A.2, 6.03, 6.03.1, 6.03.3 B.1.a, 6.03 C.4.d.(5), 7.00 C.1, 7.00 D.6, 9.00 B, 12.00 A, 12.00 C.2, 12.00 C.5 emer. rules eff. 08/04/2021. Rules 1.6, 1.12, 1.18, 1.19, 1.20, 1.25, 2.1 A.4, 2.2, 3.1, 6.01 A.1, 6.01 A.2.c, 6.01 A.2.e.-g, 6.02, 6.03.1 A.3, 6.03.1 A.5-6, 7.00 B.5, 8.00, 10.00, 11.00, 12.00 B.9 repealed emer. rules eff. 08/04/2021.

Rules 1.1, 1.2, 1.8, 1.23, 1.34, 2.1 A.2, 2.3 A, 2.11, 3.2 A, 3.2 C, 5.00, 6.01 A.2, 6.03, 6.03.1, 6.03.3 B.1.a, 6.03 C.4.d.(5), 7.00 C.1, 7.00 D.6, 9.00 B, 12.00 A, 12.00 C.2, 12.00 C.5, 13.00, 14.00 eff. 11/30/2021. Rules 1.6, 1.12, 1.18, 1.19, 1.20, 1.25, 2.1 A.4, 2.2, 3.1, 6.01 A.1, 6.01 A.2.c, 6.01 A.2.e.-g, 6.02, 6.03.1 A.3, 6.03.1 A.5-6, 7.00 B.5, 8.00, 10.00, 11.00, 12.00 B.9 repealed eff. 11/30/2021.

2 CCR 601-4 Transport Permits for the Movement of Extra-Legal Vehicles or Loads {#sec-2-ccr-601-4 omnilex-key=us-co-regs-official--department-21--2 CCR 601-4}

DEPARTMENT OF TRANSPORTATION

RULES PERTAINING TO TRANSPORT PERMITS FOR THE MOVEMENT OF EXTRA-LEGAL

VEHICLES OR LOADS

2 CCR 601-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

CHAPTER 1 AUTHORITY AND GENERAL PROVISIONS

100 STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE 101 History The Rules Pertaining to Transport Permits for the Movement of Extra-Legal Vehicles or Loads were made effective on the following dates: June 30, 1984; January 30, 1986; November 30, 1986; January 30, 1988;

May 30, 1988; April 30, 1989; March 4, 1991; April 30, 1992; July 30, 1999; January 30, 2004; August 1, 2007; August 1, 2010, June 30, 2012, and November 14, 2015. 102 Statement of Basis and Purpose and Statutory Authority The July 2015 rulemaking was initiated to conform the rules to a change in HB14-1160, codified at § 42- 4-510(11)(a)(VII)(D), C.R.S., which created a new annual fleet permit for non-interstate overweight divisible loads pertaining to power units utilizing a trailer with two or three axles. Additionally, the Department is clarifying height restrictions in conformance with § 42-4-504(1), C.R.S., incorporating processes for the new electronic permitting system, and conforming the Auxiliary Power Unit (“APU”) requirements to a change in weight made in MAP-21 (23 U.S.C. 127), increasing the APU from 400 to 550 lbs. Thereafter, with the passage of the FAST Act, codified at 23 U.S.C. 127, a rulemaking was initiated in 2016 to conform the requirements of the Act and make other minor changes.

In 2016, the Department updated the rules to conform to the requirements of the FAST Act, codified at 23 U.S.C. 127, and to make other minor changes. Thereafter, in 2017, a rulemaking was initiated at the request of the Office of Legislative Legal Services to bring the incorporation by reference section from the 2016 rulemaking into compliance with the requirements of the Administrative Procedure Act under § 24-4- 103, C.R.S.

Specific statutory authority for the Colorado Transportation Commission to adopt and promulgate Rules pertaining to Transport Permits for the operation or movement of Extra-legal Vehicles or Loads, is contained in § § 42-4-510 (1)(b), 511(1), and § 43-1-106(8)(k), C.R.S. Various permits issued under the law require restrictions or conditions for movement which includes using Pilot Escort Vehicles to accompany the movement of Loads, in an effort to protect the health, safety and welfare of the traveling public. Conditions for requirements prescribed by the Department are statutorily authorized under § 42-4- 510 (3), C.R.S.

The purpose of the Rules is to comply with state statutes that allow the movement on State Highways of Vehicles and Loads exceeding Legal Limits provided that the Department issues a permit for such Vehicles and Loads. Section 42-4-510 (3), C.R.S. authorizes the Department to prescribe conditions of operation for the movement of Extra-Legal Loads. 103 General Provisions 103.1 An Extra-legal Vehicle or Load shall not operate or move on a State Highway, except by permit as provided in the Rules. The Department may, upon submission of an application in writing, by facsimile, or by electronic means and Good Cause being shown therefore, issue a single-trip, a special, or an annual Transport Permit authorizing the Applicant to operate or move an Extra-legal Vehicle or Load of a size or weight exceeding the Legal Limits established by or otherwise not in conformity with § 42-4-501 through §42-4-509, C.R.S. All permits shall be issued at the discretion of the Department, as provided in §42- 4-510, C.R.S. 103.1.1 All Extra-legal permits issued by the Department are valid for Nondivisible Vehicles or Loads only, unless otherwise specified in this rule. 103.1.2 As directed by § 42-4-504(1), C.R.S., the legal Vehicle Height limit of fourteen feet six inches shall apply to Vehicles, unladen or with Load, on all Highways within the Department’s jurisdiction. This legal Vehicle limit does not apply to Vehicles travelling on Highways where there are overhead Highway structures that limit the vertical clearance to a lesser Height. The vertical clearances and locations of said structures may be found at www.coloradodot.info/business/permits/truckpermits. 103.2 In the permit, the Department may: 103.2.1 Limit the number of trips or establish seasonal or other time limitations of operation; 103.2.2 Limit or prescribe other conditions of operation when necessary to protect the safety of Highway users, the efficient movement of traffic, or the State Highways from undue damage; 103.2.3 Require security to compensate for any injury; 103.2.4 Prescribe conditions necessary for the proper administration and enforcement of the extra-legal permit program. 103.3 The Permittee shall be responsible for compliance with: 103.3.1 All terms and conditions in the Rules; 103.3.2 All terms and conditions in the permit; 103.3.3 All other applicable legal requirements, including the Commercial Vehicle Rules. 103.4 The Permittee shall be responsible for the safe movement of the Extra-legal Vehicle or 103.5 The Department will publish an electronic copy of the Rules on its website along with the Bridge Weight Limit Map, the Pilot Escort and Oversize Restriction Map, and the Height Restriction Map.

CHAPTER 2 DEFINITIONS 200 Terms used in the Rules shall have either their common sense meaning, or the meaning provided in §42-1-102, C.R.S., or the meaning provided below, as applicable. 201 Applicant - An individual, firm, partnership, corporation, or association submitting an application for a Transport Permit. 202 Auxiliary Power Unit (APU) - A portable, truck-mounted power system that can provide climate control and power for trucks without idling. 203 Axle or Single-axle - All wheels, whose centers may be included within two parallel transverse vertical planes not more than forty inches apart, extending across the full Width of the Vehicle. 204 Axle Group - An assemblage of two or more consecutive Axles that are considered to be together for the purpose of determining their combined Load effect on a bridge or other Highway structure: 204.1 TANDEM AXLE - As defined in §42-4-507 (4) (b) C.R.S., A Tandem Axle is defined as two or more consecutive Axles, the centers of which may be included between parallel vertical planes spaced more than forty inches and not more than ninety-six inches apart, extending across the full Width of the Vehicle. 204.2 TRIPLE AXLE - Any three consecutive axles whose extreme centers between any two axles within the grouping are not more than 96 inches apart and are individually attached to or articulated from, or both, a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles. 204.3 QUAD AXLE - Any four consecutive axles whose extreme centers between any two axles within the grouping are not more than 96 inches apart and are individually attached to or articulated from, or both, a common attachment to the vehicle including a connecting mechanism designed to equalize the load between axles. 205 Booster Axle - An additional Axle used to distribute weight. Also referred to as a dolly, jeep, or stinger Axle. 206 Bridge Weight Limit Map - A map prepared by the Department indicating the Load posted bridges and the allowable Axle weight for other bridges within the State Highway system. This map defines the maximum Axle and Gross Vehicle Weights authorized by the Rules. A copy of this map may be obtained from the Department. This map illustrates all bridges within the State Highway system in the following color coded manner to indicate allowable weight limits of Extralegal Vehicles or Loads on bridges: 206.1 Black - No overweight Vehicles or Loads allowed. 206.2 Orange - Major restrictions. 206.3 Yellow - Moderate restrictions. 206.4 White - Minimal restrictions. 207 Bulk Fluid Milk Products – A cargo tank shipment of raw unpasteurized milk from a dairy farm to market for processing. 208 Cluster Lights - An assemblage of three or more red or yellow clearance lights. 209 Commercial Vehicle Rules - The State of Colorado, Department of Public Safety, Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles (8 C.C.R. 1507-1). 210 Department - The Colorado Department of Transportation. 211 Designated Highway Segments - Those highways as identified in 42-4-505 (3), C.R.S. 212 Divisible Load - A Vehicle or Load that can be divided into separate or different parts in less than eight work hours or does not compromise the intended purpose of the Vehicle or Load or render it unable to perform the functions for which it was intended. See also “nondivisible load.” 213 Double Dolly Weight Chart - A weight chart used by the Department in conjunction with the Bridge Weight Map in determining the maximum weight allowance for Vehicles with a double dolly axle configuration or dual lane trailer. 214 Emergency - An imminent natural or man-made disaster including rising water, fire, unusual storm, train wreck, flood, washout, and similar disasters affecting the general public's welfare. 215 Extra-legal Vehicle or Load - An overweight, overlength, overwidth or overheight Vehicle or Load which exceeds the Legal Limits and for which the Department has granted a Transport Permit to operate or move on State Highways. 216 Flashing Yellow Light - A warning lamp mounted as high as practicable, which shall be capable of displaying a flashing, oscillating, or rotating yellow light with sufficient intensity to be visible at 500 feet in normal sunlight. 217 Good Cause - A need to operate or move an Extra-legal Vehicle or Load on a State Highway together with a showing that such operation or movement will not impair the safety of Highway users, the efficient movement of traffic, the integrity of the State Highway, or the administration and enforcement of the Department's permit program, as determined from the permit application information. 218 Gross Vehicle Weight (GVW) - The total weight of a Vehicle or combination of Vehicles, including any Load. 219 Height - The total vertical dimension of any Vehicle above the ground surface, including any Load and Load-holding device thereon. 220 Height Restriction Map - A map prepared by the Department indicating the structures that have a minimum clearance of 16 feet or less. A copy of the map may be obtained from the Department. 221 Highway - As defined in §42-1-102 (43) C.R.S. The entire Width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire Width of every way declared to be a public Highway by any law of this state. 222 Hours of Darkness - Sunset to sunrise. 223 Hours of Daylight - Sunrise to sunset. 224 Interstate Highways - As defined in Title 23 USC, Section 103. 225 Lane - As defined in §42-1-102 (46), C.R.S. That portion of a roadway used for the movement of a single line of Vehicles. 226 Legal Limits - The size and weight limits for a Vehicle or Load, as defined in §42-4-502 through §42-4-509, C.R.S. 227 Length - The total longitudinal dimension of any Vehicle or combination of Vehicles, including any Load or Load-holding devices thereon. 228 Load - A weight of commodity or equipment resting upon something else regarded as its support. 229 Local Authorities - As defined in §42-1-102 (48) C.R.S. Every county, municipal, and other local board or body having authority to adopt local police regulations under the constitution and laws of this state. 230 Longer Vehicle Combination (LVC) - The Vehicle combinations defined in §42-4-505, C.R.S. 231 Longer Vehicle Combination (LVC) Permit. The permit granted by the Department authorizing the approved carrier company to operate longer vehicle combinations (LVC) under these rules; hereinafter referred to as the permit. For the purpose of these rules the longer vehicle combination permit will be an annual permit. 232 Maximum Limits - The maximum size and weight limits that may be allowed by Transport Permit for an Extra-legal Vehicle or Load, as established in the Rules, the Pilot Escort and Oversize Restriction Map, the Height Restriction Map and the Bridge Weight Limit Map. 233 Manufactured Home. As defined in §24-32-3302 (20) C.R.S. “Manufactured home” means any preconstructed building unit or combination of preconstructed building units that include electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the site of the completed home; is designed for residential occupancy in either temporary or permanent locations; is constructed in compliance with the federal act, factory-built residential requirements, or mobile home standards; does not have motor power; and is not licensed as a recreational vehicle. 234 Mobile Machinery - As defined in §42-1-102 (54) C.R.S. 235 Mountainous Routes - Those routes designated by hash marks on the Pilot Escort and Oversize Restriction Map. 236 Nondivisible Load or Vehicle - Any Load or Vehicle exceeding applicable statutory size or weight limits which, if separated into smaller Loads or Vehicles, would compromise the intended use of the Vehicle, for example, Make it unable to perform the function for which it was intended;

Destroy the value of the Load or Vehicle, i.e., make it unusable for its intended purpose; or Require more than 8 workhours to dismantle using appropriate equipment. The Applicant for a Nondivisible Load permit has the burden of proof as to the number of workhours required to dismantle the Load.

Pursuant to federal regulations the State may treat emergency response vehicles, casks designed for the transport of spent nuclear materials, Bulk Fluid Milk Products, and military vehicles transporting marked military equipment or material as nondivisible vehicles or loads. 237 Non-Interstate Highways - As defined in §43-2-101 (1) C.R.S as the state highway system, except for those defined as the Interstate system in Title 23, U.S.C., Section 103. 238 Overhang (also known as Projection) - Any part of a Vehicle’s Load which projects beyond the front most point of the grill assembly of the Vehicle engine compartment or beyond the rear most fixed point of the transport Vehicle. 239 Permittee - An Applicant who has been granted a Transport Permit by the Department. 240 Pilot Escort and Oversize Restriction Map - A map prepared by the Department indicating the State Highways where Pilot Escort Vehicles are required for the operation or movement of Extralegal Vehicles or Loads; the State Highways where oversize restrictions exist; and Mountainous Routes. This map defines the maximum Length and Width restrictions authorized by the Rules. A copy of this map may be obtained from the Department. 241 Pilot Escort Certification Program - The training curriculum authorized by the Department and presented by a Third Party Instructor or the Department. 242 Pilot Escort Vehicle - A motor Vehicle used for the express purpose as a warning Vehicle for Extra-Legal Vehicles or Loads and which meets the requirements of Chapter 5 of these rules. 243 Reference Point (RP) - Identifies a physical location on the Highway in relationship to the preceding milepost markers. 244 Route Survey - A document detailing the specifics of the route, based on the vehicle configuration, dimensions, and weight, including but not limited to a detailed list of all overhead structure clearances, bridge crossing posted weight limits, highway widths, and maneuverability concerns. Route Surveys required due to Vehicle/Load dimensions other than Height shall be valid for a period of thirty days unless otherwise determined by the Department. 245 Rules - Rules and Regulations Pertaining to Transport Permits for the Operation or Movement of Extra-legal Vehicles or Loads, 2 C.C.R. 601-4. 246 Saddlemount Combination - A combination of vehicles in which a truck or truck tractor tows one or more trucks or truck tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front and functions like a fifth wheel kingpin connection. 247 Self-propelled Fixed Load Crane - As stated in 42-4-510 (1)(c) (II), C.R.S., a self-powered mobile crane designed with equipment or parts permanently attached to the body of the crane. A selfpropelled fixed load crane includes, without limitation, the crane's shackles, slings, and counterweights. Cranes will be allowed to carry counterweights providing the vehicle does not exceed the Bridge Weight Limit map limits, and the counterweights are manufactured as part of the unit. 248 Semi-Trailer - Any wheeled vehicle, without motor power, designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon or is carried by such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over the public highways. 249 State Highway (SH) - A Highway on the State Highway system, as defined in §43-2-101, C.R.S. 250 Transport Permit - A license granted by the Department to move or operate an Extra-legal Vehicle or Load on a State Highway. The types of Transport Permits available are those permits listed in Chapter 3 of these Rules. 251 Third Party Instructor - The entity or person authorized by the Department to conduct the Pilot Escort Certification Program and certify students as authorized Colorado Pilot Escort operators. 252 Truck - As defined in §42-1-102 (108) C.R.S. Any motor Vehicle equipped with a body designed to carry property and which is generally and commonly used to carry and transport property. 253 Truck Tractor - Any motor Vehicle which is generally and commonly designed and used to draw a semi-trailer and its cargo Load. 254 Unladen Expandable Dual-Lane Transport Trailer – An empty trailer capable of being expanded or reduced in Width. 255 Vehicle - A device, as defined in §42-1-102 (112), C.R.S. which is capable of moving itself, or of being moved, from place to place upon wheels or endless tracks. 256 Width - The total outside transverse dimension of a Vehicle including the Load or Load-holding devices thereon and approved safety devices and tire bulge due to the Load, with the exception of rear view mirrors, clearance lights, or other accessories required by federal, state, or local laws or regulations.

CHAPTER 3 TRANSPORT PERMITS AND APPLICATION INFORMATION 300 The following Permits are available: 300.1 Single Trip Permit: A permit that is valid for a single move not to exceed a maximum of five days, as determined by the Department, over designated State Highways for an Extra-legal Vehicle or Load. 300.2 Special Permit: A permit that is valid for only a single one-way trip over designated State Highways for an Extra-legal Vehicle or Load that exceeds the Maximum Limits. All special permits are subject to the provisions of Chapter 6 of the Rules. 300.3 Annual Permit: A permit that is valid for one year from the date of issuance on all State Highways for an Extra-legal Vehicle or Load that does not exceed the Maximum Limits. 300.4 Annual Non-Interstate Permit: A permit that is valid for one year from the date of issuance on all non-Interstate Highways for an Extra-legal Vehicle or Load that does not exceed the legal size limits or the maximum weight limits per §42-4-510 (1) (b) (II) and the Bridge Weight Limit map. 300.5 Annual Fleet Permit: Overlength – A permit that is valid for one year from the date of issuance on State Highways but only as authorized by §42-4-510 (11) (a) (II), C.R.S., for overlength public utility Vehicles. Vehicles and/or Loads shall not exceed the Maximum Limits for Length as designated on the Pilot Escort and Oversize Restriction Map, and the Rules. 300.6 Annual Fleet Permit: Overweight (LVC) Divisible – A permit that is valid for one year from the date of issuance for LVCs only, as authorized by §42-4-510 (11) (a) (III) (C), C.R.S. 300.7 Company Fleet Permit: A permit that is valid for one year from the date of issuance on State Highways but only as authorized by §42-4-510 (1.5), (2) and (11) (a) (V), C.R.S., for Applicants with two or more Vehicles. Vehicles and/or Loads shall not exceed the Maximum Limits for Annual Permits as set forth in Chapter 3 of the Rules. 300.8 Non-Interstate Fleet Permit: A permit that is valid for one year from the date of issuance for the use of Non-Interstate Highways as authorized in §42-4-510 (11) (a) (VI)(C) and (VII)(D), C.R.S.. Vehicles and/or Loads shall not exceed the Maximum Limits for Annual Non-Interstate Permits as set forth in Chapter 3 of the Rules. 300.9 LVC Overweight Vehicle Transport Permit: A permit issued to a Longer Vehicle Combination, in possession of a Longer Vehicle Permit, which indicates the route of travel, to haul in excess of legal weight on the designated route with a Divisible Load. 300.10 Super Load: A sub-permit of a Chapter 6 Special for Vehicles and/or Loads as referenced in § 42-4-510 (1.7) (a) (I) and (II). 300.11 6-Month Non-Interstate Divisible Load Permit: A permit that is valid for six months from the date of issuance on all Non-Interstate Highways for a power unit and a trailer that has two or three axles that does not exceed the legal size limits or the maximum weight limits per § 42-4-510(1)(b)(II) (B), C.R.S., and the Bridge Weight Limit Map. This permit is valid for Divisible Loads (weight only). 301 Application Information.

The Applicant must submit a completed application to obtain a Transport Permit in the manner prescribed by the Dept. Applications shall be submitted in person, by electronic means or by mail. Applications are not accepted over the telephone. 302 When an Extra-legal Vehicle or Load is operating under any permit, an electronically transmitted copy of a Transport Permit shall be acceptable. 303 The Applicant must include the following information and documentation as part of the application: 303.1 Applicant name, address and phone number. 303.2 Type of permit requested. 303.3 Method of payment. 303.4 Make, model and the entire Vehicle Identification Number of the power unit to be permitted. 303.5 Start date for the Permit. 303.6 Maximum total weight of Extra-legal Vehicle or Load. 303 7 Distribution of axle weights with axle spacing if applying for overweight permit. 303.8 Maximum number of Axles of the complete unit. 303.9 Maximum Height of Extra-legal Vehicle or Load. 303.10 Maximum Width of Extra-legal Vehicle or Load. 303.11 Maximum Length of Extra-legal Vehicle or Load. 303.12 Maximum front and/or rear Overhang of Extra-legal Vehicle or Load. 303.13 Detail of shipment/cargo/load. 303.14 Start and End point as origin and destination within Colorado. 303.15 Preferred Route(s) of Travel listed by highway numbers for all single trip permits and

Chapter 6 Special permits. 303.16 Route Survey for all Vehicles or Loads that exceed 17’ 6” in height. 303.17 Route Survey for all Vehicles or Loads that exceed 130’ in Length. 303.18 USDOT number 303.19 The Applicant’s signature on the paper application or by electronic means when using the online application system.

304 ANNUAL PERMITS 304.1 Maximum Limits for Annual Permits - If an Extra-legal Vehicle or Load exceeds the Maximum Limits the Applicant must obtain a Chapter 6 Special permit. Chapter 6 Special permits will not be issued to Vehicles or Loads that are defined as a divisible Vehicle or 304.2 The Maximum Limits that may be authorized for an Extra-legal Vehicle or Load operating under an Annual Oversize/Overweight permit are as follows: 304.2.1 Sixteen feet in Height, subject to the Maximum Limits for Height designated on the Height Restriction Map. 304.2.2 Two hundred thousand pounds Gross Vehicle Weight, subject to the Maximum Limits for Axle weight designated on the Bridge Weight Limit Map. 304.2.3 Seventeen feet in Width, subject to the Maximum Limit for Width designated on the Pilot Escort and Oversize Restriction Map. 304.2.4 One hundred thirty feet in Length for all four-lane Highways. 304.2.5 One hundred twenty feet in Length for all non-Mountainous, two-lane Highways. 304.2.6 One hundred ten feet in Length for all Mountainous two-lane Highways. 304.2.7 Thirty-five foot rear Overhang. 304.2.8 Twenty-five foot front Overhang.

305 QUAD AXLE ANNUAL OVERWEIGHT PERMIT FOR DIVISIBLE VEHICLES OR LOADS

The Maximum Limits that may be authorized for an Extra-legal Vehicle or load operating under a Quad Axle Annual Overweight Permit for Divisible Vehicles or Loads are as follows: 305.1 Not to exceed fourteen feet six inches in Height, operating on a Highway, designated by the Colorado Department of Transportation. 305.2 One hundred ten thousand pounds Gross Vehicle Weight, subject to the Maximum Limits for Axle weight designated on the Bridge Weight Limit Map. Vehicle must Be Configured with a Quad Axle grouping. 305.3 Eight feet, six inches in Width. 305.4 Length 305.4.1 Tractor/Trailer Combination – Seventy feet in Length for all Highways. There is No Length limit when trailer is fifty-seven feet four inches or less in Length when utilized as a tractor/trailer combination. 305.4.2 Truck/Trailer Combination – Truck shall not exceed forty-five feet in Length. The overall Truck/trailer combination shall not exceed seventy feet in Length. 305.4.3 Single vehicle shall not exceed forty-five feet in Length. 305.5 Legal front and rear Overhangs not exceeding four feet in front and ten feet in rear.

306 TWO/THREE AXLE TRAILER ANNUAL OR 6-MONTH OVERWEIGHT PERMIT FOR DIVISIBLE

VEHICLES OR LOADS

The Maximum Limits that may be authorized for an Extra-legal Vehicle or load operating under a Two/Three Axle trailer Annual or 6-Month Overweight Permit for Divisible Vehicles or Loads are as follows: 306.1 Not to exceed fourteen feet six inches in Height, operating on a Highway, designated by the Colorado Department of Transportation. 306.2 Ninety-seven thousand pounds Gross Vehicle Weight, subject to the Maximum Limits for Axle weight designated on the Bridge Weight Limit Map. Vehicle configuration must consist of a power unit and a Trailer Configured with at least two but not more than three Axles on the Trailer. 306.3 Eight feet, six inches in Width. 306.4 Length 306.4.1 Tractor/Trailer Combination – Seventy feet in Length for all Highways. There is No Length limit when trailer is fifty-seven feet four inches or less in Length when utilized as a tractor/trailer combination. 306.4.2 Truck/Trailer Combination – Truck shall not exceed forty-five feet in Length. The overall Truck/trailer combination shall not exceed seventy feet in Length. 306.4.3 A Semi-Trailer used with a converter dolly shall be considered a trailer. 306.5 Legal front and rear Overhangs not exceeding four feet in front and ten feet in rear.

307 ANNUAL FLEET PERMITS FOR OVERLENGTH PUBLIC UTILITY VEHICLES OR LOADS

The Maximum Limits for operating under an Annual Fleet Permit for OverLength Public Utility Vehicles or Loads shall not exceed the following: 307.1 One hundred thirty feet in Length for all four-lane Highways. 307.2 One hundred twenty feet in Length for all non-Mountainous, two-lane Highways. 307.3 One hundred ten feet in Length for all Mountainous, two-lane Highways.

308 ANNUAL FLEET PERMITS FOR OVERWEIGHT LVCS

The Maximum Limits for weight shall not exceed the legal Axle weight limits and the Gross Vehicle Weight limits as described in Chapter 4 of the Rules. 309 Document Knowledge and Compliance Requirement. 309.1 A Permittee who has been issued an Annual Permit must: 309.1 Have the original Transport Permit or legible copy of the same in the permitted Vehicle, or have access to the Permit electronically, when operating or moving on and Highway in accordance with § 42-4-510(4), C.R.S. 309.2 Be knowledgeable of, and comply with these Rules. 309.3 Route the Vehicle to comply with these Rules, the Bridge Weight Limit Map, the Pilot Escort and Oversize Restriction Map, the Height Restriction Map and all Highway restrictions. This information is available on both the CDOT Commercial Vehicle Permits Webpage or on the Motor Carriers’ dashboard of the CDOT permitting system by clicking on the Annual Permit Route link. 310 Permit Fees are established in §42-4-510 (11), C.R.S. 311 Company Fleet fees established in §42-4-510 (11), C.R.S. may be collected as follows: 311.1 A credit shall be granted for any unused portion of an Annual Permit on an individual Vehicle when it is being added to a Company Fleet Permit. The credit shall be calculated by the Department on a quarterly basis and shall not exceed the total base cost of the Company Fleet Permit. 311.2 For new Vehicles added to a Company Fleet Permit during the course of the permit term, the fee of three hundred dollars ($300.00) shall be prorated calculated on a quarterly

basis for the remainder of the effective period of the Company Fleet Permit.

CHAPTER 4 TRANSPORT PERMIT OPERATING REQUIREMENTS AND RESTRICTIONS

400 EXEMPTIONS TO HOURS OF RESTRICTION:

The following Vehicles and/or Loads although still subject to permit requirements are not subject to the hours of restriction: 400.1 Overweight Vehicles, not in excess of 110,000 pounds Gross Vehicle Weight, not in excess of any other legal limit and capable of maintaining a minimum speed of 40 mph on a flat grade, 30 mph on a grade or the minimum posted speed limit (if lower), or 400.2 Vehicles and or Loads responding to Emergencies as defined in 214 of the Rules. 401 Regional Hours of Restrictions 401.1 DENVER AREA CURFEWS An Extra-legal Vehicle or Load is prohibited from travel, at the following times, unless authorized under a Chapter 6 Special or Super Load Transport Permit in the Denver Area, during the hours of 6:00 a.m. to 9:00 a.m. and 3:00 p.m. to 6:00 p.m., Monday through Friday, on the following segments: 401.1.1 I-25 between I-225 (Exit 200, RP 200.1) and SH 128 (120th Avenue, Exit 223) 401.1.2 I-70 between SH 72 (Ward Road) (Exit 266, RP 265) and I-225 (Exit 282, RP 282.6) 401.1.3 I-76 between I-25 (Exit 5, RP 5.8) and I-70 (Exit 0, RP 0) 401.1.4 I-76 between I-25 (Exit 5, RP 5.8) and U.S. 85 (Exit 12 RP 12.0) 401.1.5 SH 88 (Federal Blvd.) between Belleview Avenue (RP 7.9) and Colfax Avenue (RP 0) 401.1.6 SH 287 (Federal Blvd.) between Colfax Avenue (RP 282.7) and SH 128 (120th Avenue) (RP 294.8) 401.1.7 SH 95 (Sheridan Blvd.) between U.S. 285 (Hampden Avenue) (RP 0) and U.S.

36 (RP 14.3) 401.1.8 SH 391 (Kipling St.) between U.S. 285 (RP 0) and I-70 (RP 9.4) 401.1.9 SH 6 (6th Avenue) between I-25 (RP 284.5) and Indiana Street (RP 276.3) 401.1.10 SH 121 (Wadsworth Blvd.) between SH 470 (RP 0) and 80th Avenue (RP 20.7) 401.1.11 U.S. 36 between I-25 (RP 57) and SH 121 (Wadsworth Blvd.) (RP 48) 401.1.12 U.S. 285 (Hampden Avenue) between I-25 (RP 263.9) and SH 121 (Wadsworth Blvd.) (RP 255) 401.1.13 I-225 between I-25 (Exit 1A, RP 0) and I-70 (Exit 12B, RP 12.0) 401.1.14 I-270 between I-70 (Exit 5, RP 4.9) and I-25 (Exit 0, RP 0)

401.2 COLORADO SPRINGS

An Extra-legal Vehicle or Load is prohibited from travel, at the following times, unless authorized under a Chapter 6 Special or Super Load Transport Permit in Colorado Springs, during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday. 401.2.1 I-25 between Academy Blvd. North (Exit 150A) and Academy Blvd. South (Exit 135) 401.2.2 I-25 between Monument (Exit 161, RP 160.8) and Academy Blvd South (Exit 135, RP 135.2) 401.2.3 SH 83 between Interquest Pkwy (RP 20.3) and Shoup Road (RP 21.2) 401.2.4 U.S. 24 between Exit 296 (Manitou Springs) (RP 297) and I-25 (RP 303) and I-25 (RP 303.4) and Meridian Blvd. (RP 320.3) 401.2.5 SH 94 between SH 24 (RP 0.5) and Enoch Road (RP 9.1) 401.2.6 SH 115 between Cherokee Dr (RP 39.7) and I-25 (RP 47.5) 401.2.7 SH21 between Mesa Ridge (RP 131.8) and U.S. 24 (RP 139.5) and Jct U.S. 24 (RP 141.7) and SH 83 (RP 154.1)

401.3 PUEBLO AREA:

An Extra-legal Vehicle or Load is prohibited from travel, at the following times, unless authorized under a Chapter 6 Special or Super Load Transport Permit in the Pueblo area, during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday. 401.3.1 I-25 between Lake Avenue (Exit 94, RP 94.8) and Eagleridge Blvd. (Exit 102, RP 102.2) 401.3.2 SH 47 between Jerry Murphy Road (RP .8) and I-25 (RP 0) 401.3.3 SH 50 between I–25 (RP 314.5) and Pueblo Blvd. (RP 312.1) 401.3.4 SH 50 Business Loop between Northern Avenue (RP 2.0) to Aspen Street (RP 2.9) 401.4 ASPEN - CARBONDALE AREA: An Extra-legal Vehicle or Load is prohibited from travel, at the following times, unless authorized under a Chapter 6 Special Transport Permit on SH 82 between Carbondale (RP 11.7) and Aspen (RP 42), during the hours of 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday. 401.5 CENTRAL CITY: An Extra-legal Vehicle or Load can only travel between the hours of 3:00 a.m. and 11:00 a.m. in the Central City area. 401.5.1 SH 6 between SH 58 (RP 271.6) and I-70 at Floyd Hill (RP 275.7) 401.5.2 SH 119 between SH 6 (RP 0) to SH 72 (RP 22.7) 401.5.3 SH 46 between SH 119 (RP 0) and Gilpin/Jefferson County Line (RP 6.6) “at the Golden Gate Canyon” 401.6 CLEAR CREEK CANYON: An Extra-legal Vehicle or Load is prohibited from travel in Clear Creek Canyon during all times of the day on U.S. 6 between SH 58 (RP 271.6) and SH 119, unless authorized under a Chapter 6 Special or Super Load Transport Permit.

402 I-70 CORRIDOR SEASONAL RESTRICTIONS

An Extra-legal Vehicle or Load is prohibited from travel, at the following times, unless authorized under a

Chapter 6 Special or Super Load Transport Permit on I-70 West Corridor defined as I-70 between the Morrison Exit (Exit 259, RP 258.7) and the West Vail Exit (Exit 173, RP 173.3), or any segment thereof. 402.1 WINTER RESTRICTIONS FROM December 1 through March 31:402.1.1 Westbound Travel Prohibited between 3:00 p.m. and 8:00 p.m. on Fridays, and between 7:00 a.m. and 12:00 p.m. noon on Saturdays and Sundays. 402.1.2 Eastbound Travel Prohibited between 3:00 p.m. and 9:00 p.m. on Saturdays and Sundays. 402.2 SUMMER RESTRICTIONS FROM May 15 through September 15: 402.2.1 Westbound Travel Prohibited beginning at 4:00 p.m. at the Morrison Exit (Exit 259, RP 258.7) and beginning at 5:00 p.m. at the East Idaho Springs Exit (Exit 241) until 8:00 p.m. on Fridays, and between 8:00 a.m. and 12:00 p.m. noon on Saturdays. 402.2.2 Eastbound Travel Prohibited between 3:00 p.m. and 9:00 p.m. on Sundays.

403 EISENHOWER-JOHNSON MEMORIAL TUNNELS RESTRICTIONS

Each Extra-legal Vehicle or Load traveling on I-70 at mileposts 213 - 214 through the Eisenhower- Johnson Memorial Tunnels (the tunnels) must meet the requirements of 2 CCR 601-8 and the following: 403.1 An Extra-legal Vehicle or Load which is more than eleven feet in Width must stop at the tunnel approach parking lot and obtain permission from the tunnel superintendent or the portal attendant to travel through the tunnels. 403.2 An Extra-legal Vehicle or Load greater than thirteen feet eleven inches in Height is prohibited from travel through the tunnels. 403.3 During periods of construction one bore of the tunnel may be operated in a two-way traffic or bi-directional mode. During those periods, travel by Vehicles or Loads exceeding 8 feet 6 inches in Width will be prohibited in both directions through the affected bore.

Extra-legal Vehicles or Loads arriving at the tunnel during these periods will be detained by tunnel personnel until the two-way traffic operation is discontinued.

404 HOLIDAYS: 404.1 An LVC is prohibited from travel at any time on Memorial Day, Independence Day, and Labor Day. If Independence Day falls on a Saturday an LVC is also prohibited from travel on the previous Friday, and if such holiday falls on a Sunday an LVC is also prohibited from travel on the following Monday. 404.2 An LVC may travel on New Year's Day, Thanksgiving Day, and Christmas Day. However, if such holiday falls on a Saturday an LVC is prohibited from travel on the previous Friday, and if such holiday falls on a Sunday an LVC is prohibited from travel on the following Monday. 404.3 An Extra-legal Vehicle or Load, other than an LVC, is prohibited from travel between the hours of 6:00 a.m. to 9:00 p.m. on Memorial Day, Independence Day, and Labor Day.

When Independence Day falls on a Saturday an Extra-legal Vehicle or Load is also prohibited from travel on the previous Friday between 12:00 p.m. (noon) and 9:00 p.m., and when Independence Day falls on a Sunday an Extra-legal Vehicle or Load is also prohibited from travel on the following Monday between 12:00 p.m. (noon) and 9:00 p.m.

An Extra-legal Vehicle or Load is prohibited from travel between the hours of 12:00 p.m.

(noon) and 9:00 p.m. on the Friday preceding Memorial Day and Labor Day. 404.4 In the Cripple Creek area an Extra-Legal Vehicle or Load is also prohibited from travel on Friday, Saturday and Sunday for Memorial Day, Independence Day, Labor Day, Christmas Day and New Year's Day during the hours of 3:00 p.m. and 7:00 p.m. on the following Highways: 404.4.1 S.H. 24 between S.H. 67 at Divide (RP 278) and Woodland Park (RP 303) 404.4.2 SH 67 between SH 24 at Divide (RP 70) and Cripple Creek (RP 51.7). 405 HAZARDS: An Extra-legal Vehicle or Load is prohibited from travel when: 405.1 The Department, State Patrol, or other peace officer determines and provides public notice by any available means that a hazardous road condition exists for an Extra-legal Vehicle or Load; or 405.2 The Permittee knows that a hazardous road condition exists for an Extra-legal Vehicle or Load. Hazardous road conditions may include water, ice, snow, mud, wind, or rocks on the Highway; or debris from an accident, natural disaster, or an Emergency on the 405.3 If a hazardous road condition exists on the route to be traveled, the Permittee, with the exception of Annual Permit holders shall comply with the following procedure to determine if an alternate route is available: 405.3.1 The Permittee shall contact the nearest Port of Entry, State Patrol, or Department office. 405.3.2 The Department must be contacted to determine if an alternate route is available. 405.3.3 If the Department determines that an alternate route is available, the permit must be changed by Port of Entry, State Patrol, or Department personnel to allow travel on the alternate route. 405.3.4 If the Department cannot be contacted or if the Department determines that an alternate route is not available, then no changes shall be made to the permit and the Extra-legal Vehicle or Load shall not travel until the hazardous road condition ceases to exist. 405.4 When considering restricting travel during inclement weather drivers will consider road conditions, weather conditions, driving conditions and the overall safety of all motorists on the road. Specifically, drivers must consider at minimum the following factors when making the decision to travel: 405.4.1 Road Conditions - Including but not limited to water, ice, snow, grade, shoulder availability, actual lane widths under adverse conditions ; and 405.4.2 Driving Conditions - Including but not limited to vehicle volume, a minimum of 1,000 feet visibility, construction restrictions; and 405.4.3 Weather Conditions - Including but not limited to rain, sleet, fog, hail, snow, wind, mud, ice, visibility of less than 1,000 feet. 405.5 Vehicles operating under a Chapter 6 Special will be considered on a case-by-case basis to proceed when hazardous conditions exist. 405.6 Vehicles that are overweight only may chain up and continue movement when chain law is in effect; and may operate like all other commercial vehicles and proceed as conditions allow providing the vehicle and/or load does not exceed 200,000 pounds gross weight. 405.7 SIGNAGE: An Extra-legal Vehicle or Load shall display signs to indicate “Wide Load” or “Wide”, “Long Load” or “Long” , or “Oversize Load” or “Oversize” , , as applicable, which shall be visible to approaching traffic from the front and the rear, except as provided in

Chapter 7. All such signs shall either be five feet wide, ten inches high with one inch wide brush stroke, black letters a minimum of eight inches high on yellow background, or shall be seven feet wide, eighteen inches high, with a 1.41 inch brush stroke, black letters a minimum of ten inches high on yellow background. This section 405.7 does not apply to Longer Vehicle Combinations or to Vehicles that are overweight only. 405.8 CONVOYING: A minimum distance of one-half mile shall be maintained at all times between Extra-legal Vehicles or Loads, except when passing, stopping at the Port of Entry, truck stops, rest areas, whenever not traveling on a designated state highway or when otherwise authorized under a Chapter 6 Special permit. One Extra-legal Vehicle or Load may pass another Extra-legal Vehicle or Load only under the following conditions:

There must be no other traffic in the immediate vicinity on the State Highway and the Vehicles or Loads involved must communicate by radio concerning the pass prior to making the passing maneuver.

406 MANUFACTURED HOME:

A Load consisting of a modular or Manufactured home with an open side(s) is prohibited from travel unless it is fully enclosed with paneling. The paneling shall consist of 0.5 mil plastic sheathing or stronger, backed by a grill work not more than a square four feet by four feet or if the open side is wrapped in reinforced polyethylene, grill work is not necessary. Any ready-made poly tarps and/or poly tarp rolls are not permissible.

407 WEIGHT: 407.1 A Non-Interstate Divisible Extra-legal Vehicle or Load is prohibited from travel on the interstate highway system. 407.2 An Extra-legal Vehicle or Load with Axle configurations which exceed the Maximum Limits for Axle weight for certain State Highways, as described on the Bridge Weight Limit Map, is prohibited from travel on such Highways unless authorized under either a

Chapter 6 Special permit or as provided in Chapter 8 of the Rules. 407.3 An Extra-legal Vehicle or Load that weighs more than two hundred thousand pounds Gross Vehicle Weight and all Chapter 8 Special Mobile Machinery must: 407.3.1 Not exceed ten miles per hour on those bridge specifically restricted by the Department and listed on the Transport Permit. 407.3.2 Travel in the center of the driving Lane when crossing bridges; and 407.3.3 If required to slow to ten miles per hours on any bridge along the approved route, attached to the rear of the Extra-legal Vehicle or Load an Oversize Load Sign reading as follows: “CAUTION: THIS VEHICLE MAY SLOW TO 10 MPH TO CROSS BRIDGES”.

408 WIDTH: 408.1 An Extra-legal Vehicle or Load which is thirteen feet or more in Width shall travel only in the farthest right-hand Lane available to traffic and shall travel as close as practicable to the right-hand curb or painted shoulder line, except when passing another Vehicle or preparing for a left turn. 408.2 TRAVELING DURING HOURS OF DAYLIGHT: An Extra-legal Vehicle or Load traveling during hours of daylight shall comply with the following requirements, as designated on the Pilot Escort and Oversize Restriction Map. 408.2.1 On a State Highway designated in red an Extra-legal Vehicle or Load that exceeds 8 feet 6 inches in Width requires a Chapter 6 Special permit. 408.2.2 On a State Highway designed in blue: 408.2.2.1 An Extra-legal Vehicle or Load that exceeds 8 feet 6 inches but does not exceed 11 feet in Width requires one Pilot Escort Vehicle in the front. 408.2.2.2 An Extra-legal Vehicle or Load that exceeds 11 feet but does not exceed 13 feet in Width requires one Pilot Escort Vehicle in the front and one Pilot Escort Vehicle in the rear. 408.2.2.3 An Extra-legal Vehicle or Load that exceeds 13 feet in Width 408.2.3 On a State Highway designed in yellow: 408.2.3.1 An Extra-legal Vehicle or Load that exceeds 11 feet but does not exceed 13 feet in Width requires one Pilot Escort Vehicle in the front. 408.2.3.2 An Extra-legal Vehicle or Load that exceeds 13 feet but does not exceed 15 feet in Width requires one Pilot Escort Vehicle in the front and either one Pilot Escort Vehicle or one Flashing Yellow Light in the rear. 408.2.3.3 An Extra-legal Vehicle or Load that exceeds 15 feet in Width 408.2.4 On a State Highway designated in green: 408.2.4.1 An Extra-legal Vehicle or Load that exceeds 13 feet but does not exceed 15 feet in Width requires one Pilot Escort Vehicle in the front on a two-lane Highway. 408.2.4.2 An Extra-legal Vehicle or Load that exceeds 13 feet but does not exceed 15 feet in Width requires either one Pilot Escort Vehicle or one Flashing Yellow Light in the rear on the four-lane Highway. 408.2.4.3 An Extra-legal Vehicle or Load that exceed 15 feet but does not exceed 17 feet in Width requires one Pilot Escort Vehicle in the front and either one Pilot Escort Vehicle or one Flashing Yellow Light in the rear on a two-lane Highway. 408.2.4.4 An Extra-legal Vehicles or Load that exceeds 15 feet but does not exceed 17 feet in Width requires either one Pilot Escort Vehicle or one Flashing Yellow Light in the rear on a four-lane Highway. 408.2.4.5 An Extra-legal Vehicle or Load that exceeds 17 feet in Width 408.2.5 On a State Highway designed in white: 408.2.5.1 An Extra-legal Vehicle or Load that exceeds 15 feet but does not exceed 17 feet in Width requires either one Pilot Escort Vehicle or one Flashing Yellow Light in the rear. 408.2.5.2 An Extra-legal Vehicle or Load that exceeds 17 feet in Width 408.3 TRAVELING DURING HOURS OF DARKNESS: An Extra-legal Vehicle or Load operating or moving during the Hours of Darkness shall comply with All lighting required by §42-4-204 through §42-4-235, C.R.S., and the Commercial Vehicle Rules, as applicable, and the following requirements: 408.3.1 An Extra-legal Vehicle or Load that exceeds legal Width but does not exceed twelve feet in Width:

• A Flashing Yellow Light shall be mounted to the front of the Vehicle.

• At least two but not more than three Flashing Yellow Lights shall be mounted to the extreme rear. 408.3.2 In addition to meeting the requirements set forth in 408.3.1, an Extra-legal Vehicle or Load that exceeds twelve feet in Width but does not exceed fourteen feet in Width:

• On all two-lane Highways, one Pilot Escort Vehicle shall be in the front.

• On all four-lane Highways, one Pilot Escort Vehicle shall be in the rear. 408.3.3 An Extra-legal Vehicle or Load more than fourteen feet in Width is prohibited from travel during Hours of Darkness, unless authorized under a Chapter 6 Special permit. 408.3.4 An Extra-legal Vehicle or Load that exceeds the Legal Limits for Length or has an Overhang: 408.3.4.1 A Flashing Yellow Light shall be mounted to the front of the Vehicle. 408.3.4.2 The Permittee shall attach at least one but not more than three yellow or red Cluster Lights to any Overhang, as follows: 408.3.4.3 If the Overhang is in the rear, red Cluster Lights shall be used. 408.3.4.4 If the Overhang is in the front, yellow Cluster Lights shall be used.

409 HEIGHT 409.1 The Permittee is responsible to check all overhead structures and utilities on the route to be traveled to ensure that the Extra-legal Vehicle or Load has adequate clearance of all overheight restrictions. 409.2 An Extra-legal Vehicle or Load more than sixteen feet in Height is prohibited from travel unless a Pilot Escort Vehicle is positioned in front with a height pole. 409.3 An Extra-legal Vehicle or Load that exceeds 17 feet 6 inches in Height must submit a route survey for the route of travel. 409.4 An Extra-legal Vehicle or Load more than 17 feet in Height must be accompanied by a licensed signal contractor through all intersections controlled by an overhead traffic signal.

410 LENGTH

An Extra-legal Vehicle or Load which exceeds the following Maximum Limits for Length must use a Pilot Escort Vehicle: 410.1 More than eighty-five feet when traveling on Mountainous two-lane Highways, the Pilot Escort Vehicle must be positioned one in the front. 410.2 More than one hundred ten feet when traveling on all non-Mountainous two-lane Highways, the Pilot Escort Vehicle must be positioned in the front. 410.3 More than one hundred fifteen feet traveling on four-lane Highways, the Pilot Escort Vehicle must be positioned in the rear.

411 OVERHANG

An Extra-legal Vehicle or Load which has an Overhang that exceeds the following limitations must use a Pilot Escort Vehicle. The Pilot Escort Vehicle shall be positioned according to the Overhang, as follows: 411.1 If the Overhang is more than 15 feet in the front, the Pilot Escort Vehicle shall travel in the front. 411.2 If the Overhang is more than 25 feet in the rear, the Pilot Escort Vehicle shall travel in the rear. 412 Pursuant to § 42-4-508 (1) (c), C.R.S., and to the grandfather authority of 23 United States Code

Section 127, a Longer Vehicle Combination or other Vehicle combination of Vehicles may exceed 80,000 pounds Gross Vehicle Weight on an interstate Highway, subject to the following: 412.1 The maximum GVW of any such LVC shall not exceed the weight determined by the formula W=800 (L+40) where “W” equals the gross weight in pounds and “L” equals the Length in feet between the centers of the first and last Axles, or the weight determined by the formula W=500 (LN/N-1 + 12N + 36), or 110,000 pounds, whichever is least. 412.2 The maximum GVW of any other Vehicle or combination of Vehicles shall not exceed the weight determined by the formula of W=800(L+40), or the weight determined by the formula of W=500 (LN/N-1 +12N + 36), or 85,000 pounds, whichever is least. *W = Overall gross weight on any group of two or more consecutive Axles to the nearest five hundred pounds. *L = Distance in feet between the extreme of any group of two or more consecutive Axles. *N = Number of Axles in the group under consideration.

CHAPTER 5 PILOT ESCORT CERTIFICATION REQUIREMENTS 500 Pilot Escort Driver Requirements 500.1 Pilot Escort drivers must comply with all applicable traffic laws (contained in §42-4-101 to §42-4-1717, C.R.S.) and with the requirements of these Rules when escorting a Vehicle or Load on a State Highway, in order to protect the safety of Highway users and to protect the efficient movement of traffic from unreasonable interference. 500.2 Pilot Escort drivers must obtain and maintain certification as provided in this chapter to be authorized to escort an Extra-legal Vehicle or Load on a State Highway. The Permit holder of the Extra-legal Vehicle or Load shall be responsible to inspect a Pilot Escort driver’s certification to ensure that it is valid and current. 500.3 The Department or its authorized agent will grant a certificate to all persons who pass the Pilot Escort Vehicle certification examination and satisfy the other requirements of

Section 500.4. The certification shall be exclusive to the Pilot Escort driver named in the certificate and may not be assigned or transferred. 500.4 Pilot Escort driver applicants must meet the following requirements to attend a Pilot Escort Certification Program: 500.4.1 Must be a minimum of 18 years of age. 500.4.2 Possess a valid driver’s license for the state jurisdiction in which he/she resides. 500.4.3 Possess current certificate(s) of insurance or endorsement(s) which indicates that the operator, or the operator’s employer, has in full force and effect insurance coverage(s) for bodily injury and/or property damage as a result of the operation of the escort vehicle, the escort vehicle operator, or both causing the bodily injury and/or property damage arising out of an act or omission by the Pilot Escort Vehicle operator of the escort duties required by the Rules. Such insurance(s) or endorsement(s) shall be no less than $1,000,000 Combined Single Limit and/or $1,000,000 per occurrence of commercial liability coverage, as applicable, and must be maintained at all times during the term of the certification. The insurance certificate must indicate on the face of the document that the policy is for the operation of Pilot Escort Vehicle(s) and pilot escort duties/responsibilities as required by these Rules. 500.5 Pilot Escort drivers must provide a current (within 30 days) Motor Vehicle Record (MVR) in the state of current residence, for the immediate previous five year period, to the Pilot Escort Certification Program at the time of the course. For this immediate previous five year period, the driving records must be clear of any conviction for drug or alcohol related offenses and not contain a single moving violation penalty assessment of six (6) points or more. 500.6 Pilot Escort drivers will be issued a certification card by an authorized Pilot Escort Certification Program and shall have it in their possession at all times while in pilot escort operations. 500.7 Initial certification will be valid for four years from the date of issue. One additional fouryear certification may be obtained through a mail in or on-line recertification process provided by an authorized Pilot Escort Certification Program. It will be the responsibility of the driver to maintain certification. 500.8 Operators must notify the Department in writing within 30 days of any change of address or name. 500.9 All Pilot Escort drivers must be knowledgeable of, and comply with, these Rules and escort the permitted Vehicle in such a manner that complies with these Rules, the Bridge Weight Limit Map, the Pilot Escort and Oversize Restriction Map, the Height Restriction Map, the Hazardous and Nuclear materials map and all other Highway restrictions. This information is available, and may be printed if the Pilot Escort driver so desires, on both the CDOT Commercial Vehicle Permits Webpage or on the Motor Carriers’ dashboard of the CDOT permitting system by clicking on the Annual Permit Route link. The Pilot Escort driver must have the following documents, or access to the documents electronically, in the Pilot Escort Vehicle when piloting permitted vehicles on the Colorado Highways: 500.09.1 Their valid certification card; 500.09.2 Proof of insurance as required in 500.4.3; 500.09.3 The original Transport Permit or legible copy of the same in accordance with § 42-4-510(4), C.R.S. 501 Residency and Reciprocity 501.1 Pilot Escort drivers operating pilot escort vehicles in Colorado may participate in the Colorado certification program authorized by the Department and complete the requirements for Colorado certification or they may operate as a certified pilot escort driver with another State's certification credential, provided the state has signed a reciprocity agreement with Colorado as outlined in paragraph 501.2 below. 501.2 The Department may enter into a reciprocal agreement with other states that demonstrate that course materials are comprehensive and meet minimum requirements outlined by the “Best Practices Guidelines” published by the US DOT Federal Highway Administration, publication FHWA-HOP-04-028. A list of reciprocal states may be obtained from the Department’s website at www.coloradodot.info/business/permits/truckpermits or by calling the Permit Office at (303) 757-9539. 502 Pilot Escort Vehicle Standards 502.1 The Pilot Escort driver shall ensure that the Pilot Escort Vehicle is in safe operating condition at all times when the Pilot Escort Vehicle is escorting an Extra-legal Vehicle or 502.2 The Pilot Escort Vehicle shall: 502.2.1 Be either a passenger vehicle or a two-Axle Truck; 502.2.2 Not exceed a maximum Gross Vehicle Weight of 16,000 pounds; 502.2.3 Be at least 60 inches wide; and 502.2.4 Properly registered and licensed. 502.3 Not exceed the Legal Limits of size and weight, as defined in Section 226 of the Rules. 502.4 Equipment and load shall not reduce visibility or mobility of pilot escort vehicle while in operation. 502.5 Pilot Escort drivers shall not tow trailers at any time while in Pilot Escort operations. 502.6 Pilot escort vehicles shall be equipped with a two-way radio capable of transmitting and receiving voice messages over a minimum distance of one-half mile. Radio communications must be compatible with all accompanying pilot escort vehicles, utility company vehicles, and permitted vehicle operator as applicable. 502.7 The Pilot Escort driver shall not carry any item(s) or equipment or Load in or on the Pilot Escort Vehicle which: 502.7.1 Exceeds the Height, Length, or Width of the Pilot Escort Vehicle, or Overhangs the Pilot Escort Vehicle, or otherwise impairs its immediate recognition as a safety Pilot Escort Vehicle by the motoring public; however when it is not in use, the height pole may be tied down or secured to the vehicle and extend beyond the rear of the Pilot Escort Vehicle up to but not exceeding 4 feet; or 502.7.2 Obstructs the view of the flashing yellow or amber lights or the signs used by the Pilot Escort Vehicle; or 502.7.3 Causes safety risks; or 502.7.4 Otherwise impairs the performance by the Pilot Escort driver or the Pilot Escort Vehicle of the duties required by the Rules. 502.8 The Pilot Escort driver shall properly load and secure any item(s) or equipment or load carried by the Pilot Escort Vehicle to ensure compliance with the requirements of this

Section. 502.9 No passengers under 16 years of age are allowed in pilot escort vehicles during movement of oversize load. 503 Pilot Escort Vehicle Signing Requirements 503.1 A Pilot Escort Vehicle shall display signs to indicate “Wide Load” or “Wide” , “Long Load” or “Long” , or “Oversize Load” or “Oversize” , as applicable. 503.1.1 All such signs shall be a minimum of five feet wide, ten inches high with one inch wide brush stroke, black letters a minimum of eight inches high on yellow background, or shall be a maximum of seven feet wide, eighteen inches high, with a 1.41 inch brush stroke, black letters a minimum of ten inches high on yellow background. 503.1.2 The signs must be mounted on the top of the pilot/escort vehicle. 503.1.3 The sign for the front/pilot escort vehicle shall be displayed so as to be clearly legible and readable by oncoming traffic at all times. 503.1.4 The rear pilot/escort vehicle shall display its sign so as to be readable by traffic overtaking from the rear and clearly legible at all times. 503.2 Pilot Escort Identification signs or placards shall be displayed on the Pilot Escort Vehicle at all times when escorting an Extra-legal Vehicle or Load. The sign or placard must: 503.2.1 Appear on both sides of the Pilot Escort Vehicle. 503.2.2 Be in letters that contrast sharply in color with the background on which the letters are placed. 503.2.3 Be readily legible, during Hours of Daylight, from a distance of 50 feet while the Vehicle is stationary; and 503.2.4 Be kept and maintained in a manner that retains the legibility required by subparagraph 503.2.3 of this subsection. 503.3 A route survey identification sign shall be displayed on the Pilot Escort Vehicle at all times when the driver is conducting a route survey and has the height pole extended above legal height. 503.3.1 Such sign shall state “Route Survey” and be displayed in the same manner as the Oversize Load sign used when piloting loads. 503.3.2 All such signs shall be a minimum of five feet wide, ten inches high with one inch wide brush stroke, black letters a minimum of eight inches high on yellow background, or shall be a maximum of seven feet wide, eighteen inches high, with a 1.41 inch brush stroke, black letters a minimum of ten inches high on yellow background. 503.3.3 A route survey may not be conducted during the piloting of an Extra-Legal Vehicle or Load move. 504 Pilot Escort Vehicle Lighting Requirements 504.1 A Pilot Escort Vehicle shall, in addition to any other equipment required by the traffic laws, be equipped with at least one, but not more than three, Flashing Yellow or amber light, as defined in Section 216 of the Rules. The Flashing Yellow or amber light(s) shall be top mount and visible to approaching traffic from the front and the rear of the Pilot Escort Vehicle. 504.2 Two methods of lighting are authorized by the Department as follows: 504.2.1 Two AAMVA approved Yellow or Amber Flashing Lights mounted on each side of the required top mounted sign. These shall be a minimum of 6 inches in diameter with a capacity of 60 flashes per minute with warning lights illuminated at all times during operation and visible for 360 degrees for at least 500 feet, or 504.2.2 An AAMVA approved yellow or amber rotating, oscillating, or flashing beacon/light bar mounted on top of the pilot escort vehicle. This beacon/light bar must be unobstructed and visible for 360 degrees for at least 500 feet. 504.3 Incandescent, strobe or diode (LED) lights may be used provided they meet the above criteria. 504.4 The Pilot Escort Vehicle shall use its headlights at all times during operation when escorting an Extra-legal Vehicle or Load. 505 Pilot Escort Vehicle Equipment Requirements 505.1 Pilot Escort vehicles shall be equipped with the following safety items: 505.1.1 Standard 18 inch or 24 inch red/white “STOP” and black/orange “SLOW” paddle signs. Construction zone flagging requires the 24-inch sign. 505.1.2 At least three reflective bi-directional triangles or their equivalent. 505.1.3 Eight red-burning flares, glow sticks or equivalent illumination device approved by the Department. 505.1.4 Three orange traffic cones which are a minimum of 18 inches high with a 6 inch reflective collar. 505.1.5 Flashlight, with a minimum 1 ½ inch lens diameter, with extra batteries or charger (emergency type shake or crank will not be allowed), and a 6 inch minimum length red or orange cone flashlight for use when directing traffic. 505.1.6 Orange or white hardhat and Class 2 or Class 3 reflective high visibility safety vest for each person involved in pilot escort operations. Class 3 reflective vests are required for operations during hours of darkness. 505.1.7 For front escort vehicles piloting loads greater than 16’ high, a height-measuring pole with a non-conductive tip, made of non-destructive, flexible material.

Compression fittings must be accompanied by a secondary means of securement. Compression fittings alone are not allowed.

a. A Pilot Escort Vehicle shall use a Height pole at all times when escorting an Extra-legal Vehicle or Load exceeding sixteen feet in Height, unless otherwise expressly authorized by the Department on the permit.

b. The Height pole shall not extend more than six inches above the maximum Height of the Extra-legal Vehicle or Load the Pilot Escort Vehicle is escorting. c When the Pilot Escort Vehicle is not escorting an Extra-legal Vehicle or Load but is moving on the Highway, the Height pole shall be removed, tied down, or shortened to within Legal Limits. 505.1.8 One 5 lb B.C. fire extinguisher or one 10 lb A.B.C. fire extinguisher for Pilot Escorts of Hazardous Materials. 505.1.9 A minimum of two red or orange flags mounted to the top of the vehicle at approximately 45 degree angles and not extending more than 6 inches on either side of the vehicle. 505.1.10 One spare “oversize load” sign, a minimum of 5 feet wide by 10 inches high or a maximum of 7 feet wide by 18 inches high. 505.1.11 At least 2 Handheld two-way simplex radios or other form of communication for operations outside pilot escort vehicles. 505.1.12 First aid kit must be clearly marked. 505.1.13 Serviceable spare tire, tire jack and lug wrench. 505.2 Vehicles shall not have unauthorized equipment on or in the vehicle similar to that used by emergency or law enforcement personnel. This equipment includes, but is not limited to, the following: 505.2.1 A lamp or device that is designed to display, or that is capable of displaying if affixed or attached to the vehicle, a red or blue light visible directly in front of the center of the vehicle. 505.2.2 A flashing, oscillating, or rotating red light, blue light, white light, or blue light in combination with white. 505.2.3 An audible device such as a siren or a horn that, if used, would give other drivers the impression that they must yield the right-of-way or pull over. 505.3 The operator of the Pilot Escort Vehicle shall use the Pilot Escort Vehicle and the equipment described herein only in compliance with the Rules. 505.4 When a Pilot Escort Vehicle is not escorting an Extra-legal Vehicle or Load but is moving on the Highway, the signs described in Section 503.1 of the Rules shall either be removed or covered, and the Flashing Yellow or Amber Lights described in Section 504.1 of the Rules shall not be operated. 506 Pilot Escort Vehicles Operating Conditions 506.1 A Pilot Escort Vehicle is prohibited from escorting more than one Extra-legal Vehicle or Load at the same time, unless expressly so authorized under a Chapter 6 Special permit. 506.2 Tillerman operations will not be performed by the Pilot Escort Vehicle driver/operator or by a passenger in the Pilot Escort Vehicle that is escorting the Extra-legal Vehicle or 506.3 When the Pilot Escort Vehicle is in front of the Extra-legal Vehicle or Load being escorted, the operator shall: 506.3.1 Warn oncoming traffic of the presence of the Vehicle or Load by use of lights and signs as provided in Sections 503.1 and 504.1 of the Rules. 506.3.2 Notify the driver of the Extra-legal Vehicle or Load by two-way radio of all hazards; overhead clearances; obstructions; traffic congestion; pedestrians; and any other circumstances evident to the operator that could affect either the safe movement of the Extra-legal Vehicle or Load, the safety of the traveling public, or the efficient movement of traffic in sufficient time for the driver of the Extra-legal Vehicle or Load to take remedial action, as necessary. 506.3.3 To the extent necessary, locate safe places (if available) adjacent to the Highway and notify the driver of the Extra-legal Vehicle or Load thereof to allow the Extralegal Vehicle or Load and the Pilot Escort Vehicle(s) to clear the Highway, so that following traffic can safely pass or for any other reasons necessary to protect public safety and the efficient movement of traffic. 506.3.4 Be far enough in front of the Extra-legal Vehicle or Load to signal oncoming motorists to stop in a timely manner, pursuant to this Section 506.5, before such motorists enter any narrow structures or other restrictions on the Highway to permit the safe passage of the Vehicle or Load. 506.4 When the Pilot Escort Vehicle is behind the Extra-legal Vehicle or Load, the Pilot Escort driver shall: 506.4.1 Warn traffic approaching from the rear of the presence of the Extra-legal Vehicle or Load ahead, by use of lights and signs as provided in Section 503.1 and 504.1 of the Rules. 506.4.2 Notify the driver of the Extra-legal Vehicle or Load by two-way radio of flat tires or other problems with the Extra-legal Vehicle or Load; objects coming loose from the Extra-legal Vehicle or Load; other traffic approaching or passing the Extralegal Vehicle or Load; and any other circumstances evident to the operator that could affect either the safe movement of the Extra-legal Vehicle or Load, the safety of the traveling public, or the efficient movement of traffic in sufficient time for the driver of the Extra-legal Vehicle or Load to take remedial action, as necessary. 506.4.3 Notify the front Pilot Escort driver and the driver of the Extra-legal Vehicle or Load by two-way radio of traffic build-up and other delays to the normal flow and efficient movement of traffic caused by the movement of the Extra-legal Vehicle or Load. 506.4.4 Notify the driver of the Vehicle or Load by two-way radio of other Vehicles attempting to pass the Extra-legal Vehicle or Load. 506.4.5 Be far enough behind the Extra-legal Vehicle or Load to signal motorists following the Extra-legal Vehicle or Load to slow or stop in a timely manner, pursuant to this Section 506.5, before narrow structures or other restrictions in the Highway to permit the safe passage of the Extra-legal Vehicle or Load. 506.5 In the performance of the duties required by the Rules, the Pilot Escort driver may direct other traffic to stop, slow, or proceed in situations where such direction is necessary to allow the Extra-legal Vehicle or Load to continue moving safely, except as provided below. 506.5.1 The Pilot Escort driver shall signal the Extra-legal Vehicle or Load to stop, and the Extra-legal Vehicle shall stop, as far off of the roadway as practicable to allow other traffic to pass the stopped Extra-legal Vehicle or Load in the following situations: 506.5.1.1 When the Extra-legal Vehicle or Load becomes disabled; or 506.5.1.2 When the movement of the Extra-legal Vehicle or Load on a particular section of State Highway presents a safety risk or unreasonably interferes with the efficient movement of other traffic, based upon such factors as the Widths of the Extra-legal Vehicle or Load and the roadway, volume of other traffic, visibility and limited sight distance, and mountainous terrain; or 506.5.1.3 When driving conditions for the Extra-legal Vehicle or Load are hazardous for any other reason, including weather. When the Extra-legal Vehicle or Load has been stopped pursuant to this Subsection D, the Pilot Escort driver shall then direct other traffic past the Extra-legal Vehicle or Load, as necessary, until such time as the Extra-legal Vehicle or Load can re-enter the roadway and continue moving without presenting a safety risk or unreasonably interfering with the efficient movement of other traffic. 506.5.2 When directing traffic in the situations described in this Section, Pilot Escort driver shall: 506.5.2.1 Stand outside the Pilot Escort Vehicle; 506.5.2.2 Use the paddle signs and other equipment identified in Section 505; and 506.5.2.3 Comply with the flagging procedures and requirements described in Section 6E.01 through Section 6E.05 of the Manual on Uniform Traffic Control Devices (M.U.T.C.D.) 506.6 Traffic lights procedure: 506.6.1 If the front Pilot Escort Vehicle goes through a traffic light but the Extra-legal Vehicle or Load does not, then the Pilot Escort Vehicle must pull over to the right side of the Highway, where practicable, to wait for the Extra-legal Vehicle or 506.6.2 If the Extra-legal Vehicle or Load goes through the traffic light but the rear Pilot Escort Vehicle does not, then the Extra-legal Vehicle or Load cannot proceed under the provisions of the permit to have a rear Pilot Escort. 506.7 Pilot Escort drivers are responsible for all requirements utilizing pilot escorts as directed in Chapter 4 of these rules. 507 Convoy of Extra-Legal Vehicles or Loads The movement of more than one permitted vehicles in convoy is not allowed except when that authorization is specifically stated on the oversize/overweight transport permit. 508 Trip Planning and Coordination Requirements 508.1 Pre-trip planning shall be done as follows: 508.1.1 A coordination and planning meeting shall be held prior to load movement. The meeting can be held at the roadside when the required parties come together to organize the trip. The required parties may include some or all of the following: the driver(s) carrying or pulling the oversize load(s), the pilot escort vehicle driver(s), law enforcement officers (if assigned), Department personnel (if involved), and public utilities company representatives (if involved). This meeting shall include discussion and coordination on the conduct of the move, including at least the following topics: 508.1.1 The person designated as being in charge. 508.1.2 Authorized routing and permit conditions. Pilot Escort drivers shall ensure that all copies of permit and routing documentation is distributed to all appropriate individuals involved with the permitted load movement. 508.1.3 Coordination of the communication and signals to be used. 508.1.4 A verification or measurement of load dimensions with permitted dimensions shall be done jointly by the operator of the Extra-Legal Vehicle or Load and the Pilot Escort driver. 508.1.2 The operator of the Extra-legal Vehicle or Load and the Pilot Escort driver shall comply with the following procedures: 508.1.2.1 Discuss aspects of the move, including the Extra-legal Vehicle or Load, the route, and specific responsibilities. 508.1.2.2 Review the permit conditions and distribute copies of the OS/OW permit to each Pilot Escort driver. 508.1.2.3 Review the permitted route with the highway restrictions specified in the Rules, Bridge Weight Limit map, Height Restriction map, Pilot Escort and Oversize Restriction map and the Transport permit. 508.1.2.4 Determine the proper position of the Pilot Escort Vehicle(s). 508.1.2.5 Check mandatory equipment. 508.1.2.6 Mount signs, adjust mirrors, and turn on lights. 508.1.2.7 Check each 2-way radio to ensure clear communication on a selected channel. 508.2 During the trip the operator of the Extra-legal Vehicle or Load and the Pilot Escort driver shall comply with the following procedures: 508.2.1 Obey all traffic laws. 508.2.2 Maintain proper distance between the Extra-legal Vehicle or Load and the Pilot Escort Vehicle. 508.2.2.1 The Pilot Escort driver shall not follow or precede Extra-legal Vehicle or Load more closely than is reasonably prudent, considering the speed of the Extra-legal Vehicle or Load, other traffic, and Highway conditions, 508.2.2.2 The Pilot Escort driver shall be close enough to warn other traffic of Extra-legal Vehicle or Load. 509 Denials, Suspensions and Revocations of Pilot Escort Driver Certification 509.1 Reasons for denials, suspensions, revocations 509.1.1 Pilot escort drivers may have their certification revoked by the Department if convicted of a disqualifying offense. 509.1.2 The certification may be revoked on the date and to the extent the Pilot Escort driver’s motor vehicle driver's license is canceled, suspended or revoked or if conviction of a drug and alcohol related offense, or if a single moving violation penalty assessment of six (6) or more points have been assessed against the driver’s license pursuant to §42-2-122 to §42-2-208, C.R.S. The Pilot Escort driver must notify the Department immediately of any such cancellation, suspension or revocation, and must provide to the Department a copy of any written notice of same. 509.1.3 The Department may revoke for first offenses up to one year or the term of the driver’s license revocation, which ever is longer, after which time the applicant may reapply for a new certification by submitting a new application as required in these rules. Subsequent offenses may result in permanent revocation of Pilot Escort driver certification. 509.1.4 In addition, the Department may deny, suspend or revoke a certificate, pursuant to §24-4-104 and §24-4-105, C.R.S., for: 509.1.4.1 Failure to satisfy the requirements of Section 500 above, or failure to give the required or correct information on the application for certification as a Pilot Escort driver, or the commission of any fraud in making the application. 509.1.4.2 Violation of the Rules. 509.1.4.3 Failure to notify the Department of any cancellation, suspension, or revocation of the operator's motor vehicle driver's license by the “DMV” within five working days of the Pilot Escort driver’s receipt of notice of the same. 509.1.4.4 Conduct while operating a motor vehicle or a Pilot Escort Vehicle, which, as determined by the Department, threatens the public safety or welfare of Highway users or creates unreasonable interference with the efficient movement of traffic. 509.1.4.5 Allowing or permitting an uncertified person to operate a Pilot Escort Vehicle under the Pilot Escort driver's supervision or direction. 509.2 Appeal Process When a Pilot Escort driver is denied, suspended or revoked of his/her pilot escort certification the individual may file an appeal. All appeals and hearings shall be requested, provided and conducted pursuant to the Administrative Procedures Act (APA) §24-4-101, et seq. C.R.S. Appeals shall be made in writing and filed with the Chief Engineer of the Department as outlined in Chapter 10 of these rules.

CHAPTER 6 SPECIAL PERMITS 600 An Extra-legal Vehicle or Load which the Department determines, based upon the application information, either requires extraordinary action or exceeds the Maximum Limits, and which does not qualify for a Chapter 8 Special Mobile Machinery Exemption, is prohibited from travel unless authorized by a Chapter 6 Special or Super Load permit. 601 An Extra-legal Vehicle or Load under a Special or Super Load permit shall comply with the following: 601.1 Applicable requirements of the Rules. 601.2 All conditions of the permit, which the Department determined to be necessary after a detailed analysis of the Extra-legal Vehicle or Load and the move, including but not limited to: 601.2.1 The size and type of Load to be moved. 601.2.2 The method to be utilized in making the move. 601.2.3 The areas where the move originates and terminates. 601.2.4 Route requested for the move. 601.2.5 The distance of the move. 602 Special or Super Load permits shall be valid for only a single one-way trip. 603 An Extra-legal Vehicle or Load under a special or Super Load permit shall have at least one Pilot Escort Vehicle in the front and shall have at least one Pilot Escort Vehicle in the rear, except when expressly designated otherwise by the Department. The Department may require the Permittee, as a condition of the permit, to provide Colorado State Patrol escort or additional Pilot Escort Vehicles and flagpersons based upon certain factors including, but not limited to: State Highway Width, traffic volume, visibility, and whether the Width of the Load interferes with or blocks more than one Lane of traffic. If additional Pilot Escort Vehicles and flagpersons are required, they shall stop traffic at all intersections and other turn out areas ahead of the Load as necessary in accordance with Chapter 5 of the Rules to allow the Load to pass such areas without causing safety or traffic hazards, except as otherwise described in the permit by the Department. 604 When required as a condition of the permit, the Permittee shall employ standby pulling Vehicles as a precaution in case of Vehicle breakdown when utilizing high volume sections of the State 605 Public Notice 605.1 If a condition of the permit requires a State Highway to be closed because the Extra-legal Vehicle or Load will use the entire Highway, the Permittee shall provide public notification of the temporary closure of a State Highway, not less than two weeks in advance of the move or as otherwise prescribed by the Department. 605.2 Public notification shall consist of one or more of the following: local newspaper, radio, television, or on-site location signs as determined by the Department to be appropriate and as indicated by the Department in the permit. 606 The Permittee shall comply with additional requirements, including but not limited to the following, when included as condition(s) of the permit: 606.1 Bridge shoring. 606.2 Setting up turn out areas. 606.3 Traveling in the center of the driving Lane. 606.4 Posting a bond or establishing an escrow account to pay for potential damage to the Highway or any Highway structure, or for cost of Department employees and/or Colorado State Patrol to accompany the load and supervise movement, or for response to any problems encountered during the move. 606.5 Removing all material used in the move from the Highway or right-of-way. 606.6 Any other requirements the Department deems necessary. 607 The Applicant shall examine the proposed route and shall determine whether conflicts exist between the dimensions of the Load and all structures, including overhead lines and railroad crossings, that may be damaged, disturbed, or otherwise interfered with due to the move and that may need to be altered to allow for the move. The Applicant shall contact the representatives of all such structures including but not limited to utility companies, if any, and shall resolve such conflicts before the move. An Extra-legal Vehicle or Load is prohibited from travel until such conflicts have been resolved. 608 An extra-legal vehicle or load that exceeds any of the Maximum limits established for Annual permits in Chapter 3 is prohibited from travel unless authorized by a Chapter 6 Special or Super Load permit. 609 As identified in § 42-4-510 (1.7), C.R.S., Super Load permits may be issued for a combination Vehicle with a weight of five hundred thousand pounds or more that occupies two Lanes to haul the load; or an unladen combination Vehicle with an expandable dual-Lane transport trailer that occupies two Lanes. 609.1 For the purposes of this subsection, a Vehicle or Load will be deemed to occupy two Lanes when the total Width of the Vehicle or Load exceeds 15 feet. 609.2 An Applicant for a Super Load permit shall provide the Department with acceptable third party documentation establishing the gross weight of the Load. Acceptable third party documentation includes, but is not limited to: 609.2.1 Manufacturer’s certification of the weight of the Load. 609.2.2 Certified weight ticket from a certified public scale. 609.2.3 Clearance certification from a law enforcement agency that has weighed the 609.2.4 Third-party bill of lading that clearly indicates the weight of the Load. 609.3 An Extra-Legal Vehicle or Load under a Super Load permit shall comply with the following: 609.3.1 Applicable requirements of the Rules. 609.3.2 All conditions of the permit. 609.3.3 Driver shall have in his/her possession a copy of the acceptable third-party certification of weight provided to the Department.

CHAPTER 7 EXCEPTIONS TO THE RULES 700 An Extra-legal Vehicle or Load identified in §42-4-510 (9), C.R.S., shall be exempt from the requirement to obtain a permit. 701 All Extra-legal Vehicles or Loads owned by the United States or a Colorado political subdivision, other than those identified in §42-4-510 (9), C.R.S., shall be required to obtain a permit but shall be exempt from applicable permit fees. 702 Vehicles or Loads that are within all Legal Limits except Height are exempt from the lighting requirements of Section 408.3. 703 A Pilot Escort Vehicle operating with a Height pole which exceeds the legal limit for Height shall be exempt from the requirement to obtain a permit for the pole., 704 Tow Carrier Exceptions: this section applies to tow carriers as defined by Section 40-13-101, 40- 10.1-101(20),C.R.S. 704.1 Emergency moves shall be exempt from the holiday restrictions in Section 404 and the hours of restriction in Sections 401, 402, and 403 and: 704.2 Emergency moves authorized by Peace Officers as defined in article 1.5 of title 16 are allowed as follows: 704.2.1 Tow carriers are exempt from the requirements to obtain an Extra-Legal permit; and 704.2.2 Emergency moves under this section shall have a case report, transaction, or call number issued by a peace officer; and 704.2.3 Destination shall be approved by a peace officer. 704.3 Emergency moves not authorized by Peace Officers are allowed as follows: 704.3.1 The tow carrier may move a vehicle or load when the emergency condition requires immediate response, that if left unattended would likely result in serious bodily harm, death or substantial damage to property; and 704.3.2 The emergency move must be properly documented by the Tow Carrier; and 704.3.3 The towing carrier must have a valid extra-legal permit. 704.4 Towing carriers may transport an Extra-legal Vehicle, LVC, or other combination, divisible or non-divisible, or single unit that becomes an Extra-legal Vehicle when connected to a towing carrier, to place of repair or towing carrier’s storage facility, and: 704.4.1 The towing carrier must have a valid extra-legal permit but not confined to parameters of section 304 and 704.4.2 The towing carrier must have a PUC permit as required in 40-13-103 CRS; and 704.4.3 When towing a combination vehicle, the towing carrier must utilize the braking system of the trailer, if operational, unless exempted by a peace officer; and 704.4.3.1 Any Pilot Escort vehicles, which were required to accompany the load prior to requiring the tow, shall continue to accompany the load, while being towed. 704.4.3.2 These rules shall not require the tow carrier to obtain a Pilot Escort vehicle[s] if not required before the towing carrier connected; and 704.4.3.3 The towing carrier is exempt from Section 405 regarding hazards; and 704.4.3.4 The towing carrier is exempt from Section 212 and 407.1 regarding divisible loads; and 704.4.3.5 The towing carrier is exempt from Sections 407 and 412 regarding weight restrictions however in no event shall a towing carrier exceed the allowable weights of any bridge as designated on the Bridge Weight map. 704.4.3.6 A ‘covered heavy-duty tow and recovery vehicle’ shall be exempt from the requirement to obtain an overweight permit. 704.4.3.6.1 The term ‘covered heavy-duty tow and recovery vehicle’ means a vehicle that— (A) Is transporting a disabled vehicle from the place where the vehicle became disabled to the nearest appropriate repair facility; and (B) Has a gross vehicle weight that is equal to or exceeds the gross vehicle weight of the disabled vehicle being transported. 705 Commercial snow removal Vehicles that are within all Legal Limits except Width shall be exempt from the restrictions of Sections 401 through 405, the sign requirements of Section 405.7 and the Pilot Escort Vehicle requirements of Section 408 subject to the following conditions: 705.1 The Vehicle must not exceed fourteen feet in Width; and 705.2 The snow removal blade must be raised and turned parallel to the Highway as much as possible, when the Vehicle is moving on a State Highway but not plowing snow, so that the Width of the blade to oncoming traffic is minimized. 706 A Vehicle or Load which is within all Legal Limits except weight shall be exempt from the sign requirements of Section 405.7. 707 An LVC shall be exempt from the following requirements of the Rules: 707.1 Sections 309.3, 309.4 and 309.5 regarding documents required to be in the permitted Vehicle. 707.2 Section 405.7 regarding sign requirements. 707.3 Section 410 regarding Pilot Escort Vehicles. 707.4 Section 408.3 regarding flashing lights. 708 Exemptions for Mobile Cranes 708.1 Crane boom sections transported side by side as items essential to the operation of the crane shall be exempt from Section 212 regarding divisible Loads, provided that such sections do not exceed an overall Width of eleven feet six inches, and provided that the trailer unit carrying the crane boom sections travels on the Highways with and directly behind the crane. Notwithstanding Section 405.8 a distance of not less than 100 feet nor more than 500 feet shall be maintained between the crane and the trailer unit. 708.2 Cranes will be allowed to carry counterweights providing the vehicle does not exceed the Bridge Weight Limit map limits, and the counterweights are manufactured as part of the unit. 709 Right of Way Exceptions 709.1 An Extra-legal Vehicle or Load entering State Highway right-of-way for the sole purpose of immediately crossing the State Highway is exempt from the requirement to obtain a permit if the Extra-legal Vehicle or Load does not exceed the annual permit specifications listed in Section 304.2. 709.2 The Permittee of an Extra-legal Vehicle or Load which exceeds the annual permit specifications of Section 304.2 shall contact the Region Maintenance Superintendent prior to crossing the State Highway to determine if a permit will be required. In determining whether a permit will be required, the Region Maintenance Superintendent shall consider the number of proposed crossings, seasonal and weather conditions, time of crossings, protection of efficient movement of traffic, protection of the Highway from undue damage to the road, width of the state right-of- way involved, and any other factors relevant to the specific right-of-way. 710 Notwithstanding Section 255 of the Rules, the overall Width of manufactured home shall be based on the total Width of the manufactured home exclusive of the measurement of the eaves of the manufactured home, provided; 710.1 The base Width of the manufactured housing unit does not exceed fourteen feet; and 710.2 The total Width of the eave or eaves does not exceed two feet. 711 Concrete pump trucks may haul up to 200 feet of pipe and 125 gallons of water in the main tank; as items essential to the operation of the load. 712 Emergency Vehicles 712.1 An emergency vehicle, other than an “Authorized emergency vehicle”, as defined in § 42- 1-102(6), C.R.S., which is designed to be used under emergency conditions: to transport personnel and equipment; and to support the suppression of fires and mitigation of other hazardous situations shall be exempt from the requirement to obtain an overweight permit if the gross vehicle weight is less than 86,000 lbs. Maximum axle allowances are as follows:

(A) 24,000 pounds on a single steering axle;

(B) 33,500 pounds on a single drive axle;

(C) 62,000 pounds on a tandem axle; or (D) 52,000 pounds on a tandem rear drive steer axle. 712.2 Weight allowances for axle configurations not listed in 712.1, are as listed on the Colorado Bridge Weight Limit map 713 Auxiliary Power Unit Exceptions: 713.1 For Gross Weight: 713.1.1 Any Vehicle that utilizes an Auxiliary Power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, shall have the actual weight of the Auxiliary Power or idle reduction technology unit, up to 550 lbs., exempted from the calculation of actual Gross Vehicle Weight. To be eligible for this exemption, the operator of the vehicle must be able to prove by written certification, the actual weight of the APU; and by demonstration or certification, that the idle reduction technology is fully functional at all times. 713.1.2 Certification of the weight of the APU must be available to law enforcement officers if the Vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 500 lbs. or the weight certified whichever is less. 713.2 For Axle Weight: Any Vehicle that utilizes an Auxiliary Power or idle reduction technology unit in order to promote reduction of fuel use and emissions because of engine idling, shall have the actual weight of the Auxiliary Power or idle reduction technology unit, up to 550 lbs., exempted from the calculation of actual axle weight. To be eligible for this exemption, the operator of the vehicle must be able to prove by written certification, the actual weight of the APU; and by demonstration or certification, that the idle reduction technology is fully functional at all times.

Certification of the weight of the APU must be available to law enforcement officers if the Vehicle is found in violation of applicable weight laws. The additional weight allowed cannot exceed 550 lbs. or the weight certified whichever is less.

CHAPTER 8 SPECIAL MOBILE MACHINERY EXEMPTION (SMME) 800 Mobile Machinery that exceeds Maximum Limits as identified in these Rules is prohibited from travel on State Highways except under a Special Mobile Machinery Exemption (SMME) and permit. 801 Applicants for a SMME must file an application for a certificate of exemption with the Department.

An application for a SMME certificate shall contain the following information: 801.1 Applicant's name and complete address. 801.2 Current Vehicle registration. 801.3 For Mobile Machinery that does not meet the requirements of Section 803 8.4 of these Rules, a registration, or other document of evidentiary value, indicating Mobile Machinery was registered continuously in Colorado from prior to July 1, 1984. 801.4 Current photograph of Mobile Machinery. 801.5 A weight certificate from an official certified scale, which contains the information required in §35-14-122 (2) (a), C.R.S, and which indicates Axle weight distribution and Gross Vehicle Weight of the Extra-legal Vehicle or Load. If the Applicant does not have an official certified scale on the premises where the Mobile Machinery is located, the Applicant must obtain a Single-trip permit to move the Mobile Machinery to an official certified scale. 802 If the certificate of exemption is granted, the Applicant must then submit an application, for a Transport Permit as provided in Chapter 3 of the Rules. 803 To qualify for a SMME certificate, Mobile Machinery which are loaders, rough terrain cranes, or two or three Axle rubber-tired scrapers, must meet the following requirements: 803.1 Shall not exceed 110,000 pounds Gross Vehicle Weight; 803.2 Shall not exceed more than 73,000 pounds on any one Axle; and 803.3 Shall not travel more than 10 miles for any intended trip. If the intended trip is more than 10 miles, the Mobile Machinery shall be transported. 804 A SMME certificate may be transferred to the new owner upon sale, repossession, or other transfer of the Mobile Machinery if the new owner files an application to transfer the SMME certificate with the Department. 805 A copy of the SMME certificate, or access to the certificate electronically, shall be carried in the Mobile Machinery when the Mobile Machinery is operating or moving on a State Highway. The certificate of exemption shall be open to inspection by any police officer or by an authorized agent of the Department. The Department shall maintain a copy of the exemption.

CHAPTER 9 LONGER VEHICLE COMBINATIONS PERMIT OPERATING REQUIREMENTS, LIMITS

AND RESTRICTIONS 900 An applicant must submit a complete application to the Department in the form provided by the Department to obtain a permit. The application must include, in detail, a description of the need for the permit, the vehicle to be permitted, and the location(s) or facility(s) off of the designated highway segments for which LVC access is requested. The issuance of a longer vehicle permit is subject to the approval of the Department of the movement of a longer vehicle combination. The Department shall give first consideration to the safety and convenience of the general public and the protection of the state highway system. Permits are expressly conditioned upon the applicant having an established safety program as provided in section 906 in this section. 901 Longer vehicle combinations operating under a permit shall travel only on those designated highway segments identified in these rules and route(s) of ingress and egress as provided in

section 903 in this section. 902 As a condition of issuance of the longer vehicle combination permit, the Permittee agrees to abide by the terms and conditions of the permit. The permit may include but shall be limited to the terms and conditions specified by the Department and found in these rules and regulations or otherwise as provided by law. Additional terms and conditions may be imposed by the Department to protect the safety of the traveling public and the integrity of roads and highways under state jurisdiction. Application forms may be obtained from the Department’s Permit Office. 903 A LVC is required to obtain a LVC permit, pursuant to §42-4-505 (1), C.R.S., as amended. If the LVC exceeds legal weight limits, it also must obtain an overweight permit to haul divisible loads, and may obtain an overweight annual fleet permit, pursuant to §42-4-510, C.R.S., as amended. 904 Permits may be issued as follows: 904.1 LVC permits are valid for a period of one year pursuant to §42-4-505 (1), C.R.S. however the Department has the discretion to offer a longer period and collect the appropriate fee for the permit period; and 904.2 If the LVC exceeds legal weight limits, an overweight permit, on an annual or a single trip

basis, pursuant to Section 42-4-510, C.R.S., as amended; and 904.3 If the applicant has more than one LVC that exceed legal weight limits, an overweight fleet permit on an annual basis, pursuant to §42-4-510 (11) (a) (III) (C), C.R.S., as amended. 904.4 Issuance of permits is restricted to longer vehicle combinations as identified in these rules. 905 Application for the permit shall be made during regular business hours Monday through Friday except on legal holidays observed by the State of Colorado. 906 Application must be submitted to the Department and the application must be signed by the owner or lessee of the longer vehicle combinations covered under the permit, or by the authorized representative of such owner or lessee. 907 A copy of the permit, or access to the permit electronically, shall be carried in each longer vehicle combination operating under the Permittee’s annual permit and shall be open to inspection by any peace officer or authorized agent of the Department, Colorado State Patrol, Port of Entry, and Public Utilities Commission, or counties and municipalities when a longer vehicle combination is being operated on a route of ingress and egress through their jurisdiction. The carrier company shall maintain a copy of such annual permit in each vehicle operating as a longer vehicle combination; except that, if a peace officer, as described in §16-2.5-101, C.R.S., or an authorized agent of the department of transportation may determine that the permit can be electronically verified at the time of contact, a copy of the permit need not be in each vehicle. 908 Upon request by the Department, Permittees shall provide the Department with reports and data on operational costs, equipment, maintenance, safety inspections, accidents, and other items as requested to assist the Department in evaluating operation of longer vehicle combinations. 909 The Department may grant a permit modification to allow a Permittee to access another facility as provided in Section 903 in this chapter, at the sole discretion of the Department. 910 (REPEALED, EFFECTIVE MARCH 30, 2020; expired 07/28/2020) 911 HAZARDS: An LVC is prohibited from travel when: 911.1 The Department, State Patrol, or other peace officer determines and provides public notice by any available means that a hazardous road condition exists for an Extra-legal Vehicle or Load; or 911.2 The Permittee knows that a hazardous road condition exists for an Extra-legal Vehicle or Load. Hazardous road conditions may include water, ice, snow, mud, wind, or rocks on the Highway; or debris from an accident, natural disaster, or an Emergency on the 911.3 When considering restricting travel during inclement weather drivers will consider road conditions, weather conditions, driving conditions and the overall safety of all motorists on the road. Specifically, drivers must consider at minimum the following factors when making the decision to travel: 911.3.1 Road Conditions - Including but not limited to water, ice, snow, grade, shoulder availability, actual lane widths under adverse conditions ; and 911.3.2 Driving Conditions – Including but not limited to vehicle volume, a minimum of 1,000 feet visibility, construction restrictions; and 911.3.3 Weather Conditions - Including but not limited to rain, sleet, fog, hail, snow, wind, mud, ice, visibility of less than 1,000 feet. 912 In accordance with the Grandfather authority of 23 United States Code Section 127 (1988), and with § 42-4-501 through 511, C.R.S., as amended, the maximum gross vehicle weight (GVW) of longer vehicle combinations (LVC) cannot exceed the weight determined by the following formula or eighty thousand pounds GVW whichever is less, except as may be authorized under §42-4- 510, C.R.S., as amended. A LVC may be authorized to exceed 80,000 pounds by an overweight permit issued pursuant to §42-4-510, C.R.S., as amended. The maximum GVW of such a LVC shall not exceed the weight determined by the formula W=800 (L+40) where “W” equals the gross weight in pounds and “L” equals the length in feet between the first and last axles, or the weight determined by the following formula, or 110,000 pounds, whichever is least:

Formula: W = 500 [(LN/N-1) + 12N + 36]

W = overall gross weight on any group of two or more consecutive axles to the nearest five hundred pounds.

L = distance n feet between the extreme of any group of two or more consecutive axles.

N = number of axles in the group under consideration. 913 A LVC shall be configured such that the shorter trailer shall be operated as the rear trailer, and the trailer with the heavier gross weight shall be operated as the front trailer. In the event that the shorter trailer is also the heavier, the load must be adjusted so that the front trailer is the longer and the heavier of the two. If these conditions cannot be met, operation of the combination is prohibited. 914 Ingress and Egress (Access) Provisions. In order to ensure public safety, to maintain the capacity and integrity of roadways adjacent to the designed state highway segments, and to eliminate unnecessary traffic noise and congestion, a LVC shall not be operated off the designated state highway segments except to access food, fuel, repairs, and rest, or to access a facility. Access to a facility shall be subject to the following conditions: 914.1 The facility must be either a manufacturing or a distribution center, or warehouse, or truck terminal, located in an area where industrial uses are permitted; or 914.2 The facility must be a construction site; and 914.3 The facility must meet the following criteria: 914.3.1 LVCs are formed for transport or broken down for delivery on the premises; and 914.3.2 Adequate off-roadway space exists on the premises to safely maneuver the LVC; and 914.3.3 Adequate equipment is available on the premises to handle, load and unloads the LVC, its trailers, and cargo. 915 The Department may allow an applicant to access any other location or facility not named above which the Department determines meets the criteria specified in Section 903 in these rules, based in part upon information concerning the location or facility provided by the applicant in the permit application; and if the Permittee desires to change the facility or location it is authorized by permit to access, it must request a permit modification as provided in Section 909 in these rules. 916 The facility must be located within a maximum distance of ten (10) miles from the point where the LVC enters or exits the designated state highway segment. Such ten (10) mile distance shall be measured by the actual route(s) to be traveled to the facility, rather than by a straight line radius from the designated state highway segment to the facility; and 917 The ingress and egress route(s) between the designated state highway segment and the facility must be approved in advance by the public entity (the Department, municipality, or county) having jurisdiction for the roadway(s) that make up the route(s). Where the State of Colorado has jurisdiction over the route(s) of ingress and egress, in determining whether to approve the route(s) it will consider the following safety, engineering, and other criteria: 917.1 Safety of the motoring public. 917.2 Geometrics of the street and roadway. 917.3 Traffic volumes and patterns. 917.4 Protection of state highways, roadway, and structures. 917.5 Zoning and general characteristics of the route(s) to be encountered. 917.6 Other relevant criteria warranted by special circumstances of the proposed route(s). 917 Local entities, counties, and municipalities having jurisdiction over the route(s), should consider similar criteria in determining whether to approve the proposed ingress and egress route(s). 918 Driver Qualifications 918.1 The driver must fully comply with all drivers’ qualifications as set forth in the Department of Public Safety Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles, at 8 CCR 1507-1, and the Colorado Uniform Motor Vehicle Law, Article 2 of Title 42, C.R.S., as amended, which are incorporated herein by reference. 918.2 The driver must have had not suspension of driving privileges in any state during the past three years where such suspension arose out of the operation of a motor vehicle used as a contract or common carrier of persons or property, as defined in Sections 40-10-101(4)

(a) and 40-11-101(3), C.R.S., as amended in Section 42-4-235, C.R.S., as amended. 918.3 The Permittee shall exercise control and supervision over any driver operating a longer vehicle combination under the Permittee’s permit. This control and supervision shall include, but is not limited to, designation of route(s), hours of operation and methods of operation. 918.4 The responsibility for strict compliance with these driver requirements shall be borne equally by the driver and the Permittee; failure to comply shall be grounds for revoking a permit or denying renewal of a permit as provided in Chapter 10 of these rules. 919 Equipment Selection 919.1 Longer vehicle combinations shall be comprised of an individual truck or truck tractor and trailer(s) such that the combinations comply with permissible longer vehicle combinations as identified in §42-4-505 (2), C.R.S. 919.2 The truck or truck tractor unit of all longer vehicle combinations shall have adequate power to maintain a minimum speed of twenty mph on any grade over which the combination is operating and to operate on level grades at speeds compatible with other traffic. 919.3 All longer vehicle combinations shall have adequate traction to maintain a minimum speed of twenty mph on any grade over which the combination is operating and can resume a speed of twenty mph after stopping on any such grade. 919.4 Longer vehicle combinations shall be operated with tires that meet the standards set forth in the Department of Public Safety’s Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles, at 8 CCR 1507-1, and in Sections 42-4-228 and 42-4-507, C.R.S., as amended. 919.5 All longer vehicle combinations are required to have a heavy duty fifth wheel and equal strength pick-up plates as provided in the Department of Public Safety’s Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles, at 8 CCR 1507-1. This equipment must be properly lubricated and located in a position that provides stability in accordance with the requirements of Section 920.2.2 in these rules. 919.6 For all longer vehicle combinations utilizing a kingpin, the kingpin must be of a solid type and permanently fastened; screw-out or folding type kingpins are prohibited. 919.7 All longer vehicle combination hitch connections must be of no- minimal slack type, preferably air actuated ram. 919.8 All longer vehicle combination draw bar lengths shall be adequate to provide for the clearances required between the truck or truck tractor and the trailer(s) for turning and backing maneuvers. 919.9 All longer vehicle combination axles must be those designated for the width of the body of the trailer(s). 919.10 All longer vehicle combination braking systems must comply with the Department of Public Safety’s Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles, at 8 CCR 1507-1, and Section 42-4-223, C.R.S., as amended.

In addition, fast air transmission and release valves must be provided on all trailer(s), semi-trailer(s) and converter dolly axles. A brake force limiting valve, sometimes called a “slippery road” valve, may be provided on the steering axle. 920 Safety Considerations 920.1 Each applicant for longer vehicle combination permit and each current Permittee must have an established safety program that contains at a minimum the following requirements: 920.1.1 The applicant or Permittee always must be in compliance with the following equipment and operator requirements as applicable: 920.1.1.1 The Department of Public Safety’s Rules and Regulations Concerning Minimum Standards for the Operation of Commercial Vehicles, at 8 CCR 1507-1. 920.1.1.2 The Colorado State Patrol’s Rules and Regulations Concerning the Permitting, Routing & Transportation of Hazardous and Nuclear Materials and the Intrastate Transportation of Agricultural Products in the State of Colorado, at 8 CCR 1507-25. 920.1.1.3 The Colorado Uniform Motor Vehicle Law, Articles 1 through 4 of Title 42, C.R.S., as amended. 920.1.1.4 The Public Utilities Commission’s Rules and Regulations entitled Rules Regulating Transportation by Motor Vehicle at 4 CCR 723-6. 920.1.2 All drivers of longer vehicle combinations operating under a permit must be certified by the Permittee’s safety office. The certification shall demonstrate that the driver has complied with all written requirements, and that the driver has successfully completed a company approved road test for each type of combination to be operated as identified in these rules. The driver certification forms must be current and on file in the Permittee’s business office as stated on the application and must be available for inspection during regular business hours. 920.1.3 All permit applicants are subject to prior approval to ensure that their equipment conforms with the requirements of these regulations. In addition, all equipment operated under the permit by the Permittee are subject to periodic field inspection to ensure continued compliance with equipment requirements.

Failure to establish and maintain such a safety program is grounds for refusal to issue a permit to an applicant or to revoke the permit of the Permittee as provided in Chapter 10 in these rules. 920.2 In operating longer vehicle combinations, the following safety standards shall be followed: 920.2.1 The driver of the longer vehicle combination shall maintain a minimum of six hundred feet between their vehicle and vehicles they are following except when overtaking and passing such vehicles. 920.2.2 Except when passing another vehicle traveling in the same direction, or when conditions exist such that the longer vehicle combination cannot be safely operated in the furthermost right hand lane, longer vehicle combinations must remain in the furthermost right hand lane. 920.2.3 In the event a longer vehicle combination is disabled for any reason, the driver shall park the combination as far off the traveled way as possible. In the case of an accident, the combination shall remain as close to the scene of the accident as possible without obstructing traffic more than necessary. 920.2.4 The maximum speed for any longer vehicle combinations operated under permit shall not exceed the speed at which the combination can be safely operated and shall not exceed the posted speed limit. The minimum speed for any combination is provided in Sections 919.2 and 919.3 in these rules. 920.2.5 All longer vehicle combinations must always be stable during normal operation, including braking. The trailer(s) of a longer vehicle combination traveling on the designated state highway segments shall follow in a path of the towing vehicle without shifting or swerving more than three inches to either side when the owing vehicle is moving in a straight line. Consideration shall be given to the condition of the road surface if the combination in operation does not comply with this standard. 920.3 In addition to reporting motor vehicle accidents as required in these rules and in Sections 42-4-1601 et seq., C.R.S., as amended, all accidents involving a longer vehicle combination operated under a permit shall be reported by the Permittee to the Department within ten (10) calendar days of the date of the accident. 920.4 Complaints received by the Permittee concerning operation of longer vehicle combinations shall be reported to the Department within ten (10) calendar days after receiving the complaint. 920.5 The owner of every longer vehicle combination operated under a permit shall have a motor vehicle liability insurance policy in the amounts required in these rules and in

Section 42-7-510, C.R.S., as amended, for each combination operated under the permit.

CHAPTER 10 DENIAL OF PERMIT APPLICATION SUSPENSION OR REVOCATION OF PERMITS

HEARINGS AND APPEALS 1000 The Department shall track permit violations reported to the Department by law enforcement agencies, including data reported to the Department that establish patterns of noncompliance.

The Department may deny a permit application and may amend, revise, modify, suspend, or revoke a permit for violations of the Rules or of permit conditions, in accordance with the provisions of §24-4-104 and §24-4-105, C.R.S. If the application for a new permit or a renewal permit is denied without a hearing, the Department shall notify the Applicant in writing of such action and the ground(s) therefore, and the Applicant has sixty days after the giving of such notice in which to request a hearing. 1001 The Department may deny a permit application if the Applicant: 1001.1 Does not comply with the stated criteria, terms, purpose, and requirements of the Rules, a prior permit, §42-4-505, C.R.S. or §42-4-510, C.R.S. 1001.2 Fails to show Good Cause to issue a permit. 1001.3 Makes a false statement on the application for a Transport Permit. 1001.4 Fails to provide all applicable information in the form required by the Department. 1001.5 Fails to submit permit fee with the application. 1001.6 The Department determines that granting a permit in the particular circumstances described in the application will present a public safety hazard, will unreasonably interfere with the efficient movement of traffic, or will subject the State Highways to undue damage. 1001.7 Violates any ordinance or resolution of a local authority concerning operation or movement of an Extra-legal Vehicle or Load. 1002 The Department may revoke or suspend an existing permit as follows: 1002.1 Upon a finding that the Permittee has violated the stated criteria, terms, purpose, requirements and conditions of the permit, the Rules, §42-4-505 C.R.S. or §42-4-510 C.R.S. 1002.2 A false statement by the Applicant in the application for a Transport Permit. 1002.3 Failure by the Permittee to pay applicable ad valorem taxes prior to movement of a used manufactured home. 1002.4 Falsification or misrepresentation by the Permittee of an Emergency situation, in order to obtain oral authorization to move an Extra-legal Vehicle or Load. 1002.5 Where the Department has reasonable grounds to believe and finds that the Permittee has been guilty of deliberate and willful violation or that the public health, safety or welfare imperatively requires Emergency action as outlined in §24-4-104 (4), C.R.S. 1002.6 Permittee actions or omissions while operating or moving an Extra-legal Vehicle or Load which impair public safety, interfere with the efficient movement of traffic, or damage the State Highway. 1002.7 Violation by the Permittee of any ordinance or resolution of a local authority concerning operation or movement of an Extra-legal Vehicle or Load. 1003 All appeals and hearings which are required by law regarding denial, suspension, revocation, limitation or modification of a permit shall be requested, provided and conducted pursuant to the Administrative Procedures Act (APA) §24-4-101 et. seq., C.R.S. 1004 Any hearing required by this Chapter shall be presided over by the Chief Engineer of the Department or by an Administrative Law Judge appointed pursuant to Part 10 of Article 30 of Title 24, C.R.S. If a hearing is held before an Administrative Law Judge and if either party is dissatisfied with the initial decision of the administrative law judge, then an appeal may be made to the Chief Engineer, pursuant to §24-4-105 (14) and (15), C.R.S., within thirty days after the date of service of the initial decision. The appeal shall comply with the requirements of §24-4-105, C.R.S., and shall specify the findings of fact and conclusions of law the dissatisfied party is appealing. All appeals shall be submitted to the CDOT Headquarters Building, addressed to the Chief Engineer, Colorado Department of Transportation.

CHAPTER 11 INCORPORATION BY REFERENCE 1100 The Rules are intended to be consistent with and not be a replacement for the federal requirements set forth in “Fixing America’s Surface Transportation Act” or the “FAST Act” codified at 23 U.S.C. 127 effective as of October 1, 2016, and the regulations set forth under Title 23 of the Code of Federal Regulations, effective as of October 1, 2016, and the “Manual on Uniform Traffic Control Devices (MUTCD),” FHWA, 2009 edition with Revision Numbers 1 and 2 Incorporated, dated May 2012, which are hereby incorporated into these Rules by reference, and do not include any later amendments. 1101 All referenced laws and regulations shall be available for copying for a reasonable charge or for public inspection during regular business hours from the Office of Policy and Government Relations, Colorado Department of Transportation, 2829 W. Howard Pl., Denver, Colorado 80204. 1102 Copies of the referenced material may be obtained from the following locations: 1102.1 Copies of the referenced United States Code may be obtained from the following address:

Office of the Law Revision Counsel U.S. House of Representatives H2-308 Ford House Office Building Washington, DC 20515 (202) 226-2411 1102.2 Copies of the referenced Code of Federal Regulations may be obtained from the following address:

U.S. Government Publishing Office 732 North Capitol Street, N.W.

Washington, DC 20401 (202) 512-1800 1102.3 Copies of the MUTCD may be obtained from the following address:

Office of Transportation Operations Federal Highway Administration, Mail Stop: E84-402 1200 New Jersey Avenue, S.E.

Washington, DC 20590 _________________________________________________________________________ Editor’s Notes

History Chapters 1, 2, 5 eff. 07/30/2007.

Entire rule eff. 08/01/2010.

Rules 100–103, 212, 216, 236, 238, 244, 254, 255, 266, 300.9, 300.10, 300.11, 304.2, 305.4, 305.5, 306, 309, 401, 401.1.4, 402, 405.7, 408.3.2, 408.3.4, 412, 506.4.5, 600, 601, 602, 603, 608, 609, 704.4.3.5, 1000 eff. 06/30/2012. Rule 305.6 repealed eff. 06/30/2012.

Rules 101-103, 300.8, 300.11, 303.4, 303.18-19, 305.1, 306.1, 309, 704, 713.1.1-1.2, 713.2 eff. 11/14/2015.

Rules 101, 102, 207-209, 236, 407.3, 409.4, 500.5, 500.8, 500.9, 505.1.5-505.1.7, 704.4.3.1, 704.4.3.2, 704.4.3.6, 712, 1004 eff. 04/30/2017.

Rule 102, Chapter 11 eff. 04/16/2018.

Rule 910 repealed emer. rule eff. 03/30/2020; expired 07/28/2020.

2 CCR 601-5 SPECIAL EVENTS OR CIVIC FUNCTIONS ON STATE HIGHWAYS [Repealed eff. 11/30/2011] {#sec-2-ccr-601-5 omnilex-key=us-co-regs-official--department-21--2 CCR 601-5}

DEPARTMENT OF TRANSPORTATION

Transportation Commission SPECIAL EVENTS OR CIVIC FUNCTIONS ON STATE HIGHWAYS - Repealed eff. 11/30/2011 2 CCR 601-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ I. PURPOSE 1.1 Statement of Basis and Purpose: 1 CCR 601-5, Rules and Regulations for Special Events or Civic Functions on State Highways, were promulgated on September 14, 1979 based on statutory

authority found at § 43-1-105(1)(J) C.R.S. (1973). The authority for this set of rules no longer exists; therefore the Commission, upon the Department’s recommendation, is repealing these Rules in their entirety, inclusive of the attached form. Current statutory authority setting forth the law with regard to special permits is set forth in § 42-4-106 C.R.S. (2010) and § 24-33.5-226 C.R.S. (2010). This repeal does not impact current permitting practice; it clarifies the process by repealing a procedure that is obsolete. _______________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 11/30/2011

2 CCR 601-6 Requirements for Pilot Escort Qualified Training and Certification Programs {#sec-2-ccr-601-6 omnilex-key=us-co-regs-official--department-21--2 CCR 601-6}

DEPARTMENT OF TRANSPORTATION

Transportation Commission REQUIREMENTS FOR PILOT ESCORT QUALIFIED TRAINING AND CERTIFICATION PROGRAMS 2 CCR 601-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 Statement of Basis, Purpose & Statutory Authority 1.1 Basis and Purpose for Rule A Notice of Rulemaking was submitted to the Colorado Secretary of State on February 13, 2007 and published in the Colorado Register on March 10, 2007. The current Rulemaking was initiated to establish standards and procedures for third-party instructors to train and certify Colorado pilot escort drivers for and on behalf of the Colorado Department of Transportation. The third party instructors will teach course curriculum to comply with guidelines published and promoted by the Commercial Vehicle Safety Alliance, the US DOT Federal Highway Administration, and the Specialized Carriers & Rigging Association in its “Pilot Car Escort Best Practices Guidelines.” The Guidelines were published by the US DOT Federal Highway Administration in October 2004 as publication “FWHA-HOP-04-028” and endorsed by the Western Association of State Highway Transportation Officials Committee on Highway Transport for its member states to adopt. 1.2 Statutory Authority Specific statutory authority for the Colorado Transportation Commission to adopt and promulgate Rules and Regulations pertaining to Transport Permits for the operation or movement of Extra-Legal Vehicles or Loads, is contained in § §42-4-510 (1)(b) and 511 (1), C.R.S. Various permits issued under the law require restrictions or conditions for movement which include using Pilot Escort vehicles to accompany the movement of loads, in an effort to protect the health, safety and welfare of the traveling public.

Conditions for requirements prescribed by the Department are statutorily authorized under 42-4-510 (3), C.R.S. 2.0 Definitions 2.1 “Applicant” means the person, entity or institution submitting documentation to the Department to become a third-party pilot escort instructor. 2.2 "Department" means the Colorado Department of Transportation. 2.3 "Permit Office" means the Extra-Legal Permit Office, in the Staff Maintenance & Operations Branch, Colorado Department of Transportation. 2.4 “Pilot Escort Certification Program” means the training curriculum authorized by the Department and presented by a Third Party Instructor or the Department. 2.5 “Student” means the individual person who registers for and attends a Pilot Escort Certification Program. 2.6 “Third Party Instructor” means the entity or person authorized by the Department to conduct the Pilot Escort Certification Program and certify students as certified Colorado Pilot Escort operators. 3.0 Application Process 3.1 Application to become a Third-Party Instructor shall be made in writing on forms furnished by the Department, and shall include all required information about the Applicant. Incomplete applications will be returned or denied by the Department. 3.2 The application submitted to the Department must include the following components. 3.2.1 A list of instructors shall be submitted which includes resumes of each instructor outlining related experience in the pilot escort, heavy haul, academia, or commercial vehicle enforcement fields. 3.2.2 Applicant, except for a sole proprietors, must submit a copy of Applicant's articles of incorporation or other documentation showing whether the business is organized as an LLC, LLP, LLLP or LPA. If the applicant is a governmental or quasi-governmental entity no documentation is required under this subparagraph. 3.2.3 Applicant must submit a business plan describing how the Colorado classroom curriculum will be delivered to students.. The plan must include a one-year schedule of class dates and city locations that regionally serves students throughout the state. 3.2.4 Applicant must submit a sample of the digital image certification card that will be issued to students upon successful completion of the coursework and examination. The card must contain the student’s photograph and Department logo. Applicant must state whether the certification card will be issued on the day the student completes prerequisite information, classroom work, and passes the examination, or if it will be mailed within 3 business days to the student upon completion of all prerequisite information, classroom work, and passing of the examination. 3.2.5 Applicant must submit procedural guidelines that outline security measures implemented to safeguard student's personal information. 3.2.6 Copies of all course curriculum and testing materials must be submitted. These materials will be reviewed and approved by the Department to ensure that all requirements are met. An overview of course curriculum requirements is outlined in part 4.0 of this rule. 3.2.7 Applicant must document procedures that will be followed to verify student's Motor Vehicle Record (MVR) acceptability and the collection of insurance forms submitted by the student at the time of examination. 3.2.7.1 Applicant must document process for notifying students either prior to class or when they call in to sign up that they will need to bring the MVR and proof of insurance with them to the class. 3.2.7.2 Applicant must document process for ensuring the students will not be certified until all of this documentation is provided to the Applicant. 3.2.7.3 Applicant must submit a written statement that Applicant shall only accept an original MVR certification record that is current within 30 days of classroom instruction and proof of insurance from an insurance provider in the amount and terms specified in Chapter 5 section D. 4 of 2 CCR 601-4, “Rules and Regulations pertaining to Transport Permits for the Movement of Extra-Legal Vehicles or Loads.” 4.0 Pilot Escort Certification Program Curriculum Requirements 4.1 Course curriculums used to certify pilot escort drivers to operate in Colorado for a period of four years must cover the topics outlined in this section 4.0. However, more extensive course curriculum descriptions are outlined in the application package that can be obtained on the Department’s website at www.dot.state.co.us/truckpermits/ or by contacting the Permit Office at (303) 757- 9539. 4.2 The Pilot Escort Certification Program must discuss student liability requirements applicable to piloting for an Extra-legal Vehicle or Load, responsibilities of the student when escorting an Extralegal Vehicle or Load, and Pilot Escort Vehicle procedures as described in Chapter 5 of 2 CCR 601-4, “Rules and Regulations pertaining to Transport Permits for the Movement of Extra-Legal Vehicles or Loads.” 4.3 The Pilot Escort Certification Program must include requirements of applicable traffic laws, as described in § 42-4-101 to § 42-4-1717, C.R.S., and in the Colorado Driver's Manual available at each office of the Colorado Department of Motor Vehicles. 4.4 The Pilot Escort Certification Program must discuss the operator flagging and traffic control, as described in the Manual on Uniform Traffic Control Devices ("M.U.T.C.D.") authorized under §42-4-712, C.R.S. 4.5 Oversize Overweight load movement, coordination, planning and communication requirements and best practices. 4.6 The Pilot Escort Certification Program must include pilot escort vehicle positioning and situational training. 4.7 The Pilot Escort Certification Program must include Rail grade crossing safety. 4.8 The Pilot Escort Certification Program must include Routing techniques, including pre-trip surveys. 4.9 The Pilot Escort Certification Program must include Insurance coverage requirements and liability issues. 5.0 Testing Materials and Procedures 5.1 Testing materials shall be submitted to the Permit Office for approval as part of application. 5.2 Testing materials should be structured to include a minimum of a 50 question exam. 5.3 A minimum of two different examinations shall be submitted and used randomly during the instruction of the course. 5.4 Examinations shall be structured as follows: 5.4.1 Not less than 15 fill in the blank; 5.4.2 Not less than 15 Multiple choice; 5.4.3 Not less than 15 True/False; 5.4.4 Not less than 8 questions dealing with safety equipment; 5.4.5 Not less than 8 questions dealing with the duties of pilot escort drivers; 5.4.6 Not less than 6 questions dealing maintenance of equipment; 5.4.7 Not less than 6 questions dealing with items that must be collected in a route survey. 5.5 Testing materials must demonstrate an explanation of how grading of examinations will be administered. 5.6 Applicants must provide an acknowledgement that students must pass with an 80% score to be certified. Students who do not pass with an 80% score must be allowed to retake the examination on the same day for no additional cost. 5.7 Applicants must provide a written statement that students receiving less than 80% score will be allowed to attend one additional class without additional cost except for reimbursement of any additional materials and postage costs. 5.8 Applicants must provide the Department with a list of students that attended the course and the corresponding grade received, within five business days of the completion of the course. The list of students and grades must be sent to the Department in an electronic file format prescribed by the Department in the application packet. 6.0 Student Recertification Procedures 6.1 Applicant shall provide means in which a student who has been previously certified under this rule in Colorado as a Pilot Escort driver to be recertified for one additional four-year period either by US mail or in electronic format via the Internet by taking an examination without attending classroom instruction for the recertification. 6.2 Applicant shall submit written procedures documenting the process for the proctoring of the examination that will allow the student to recertify. The examination for recertification shall not be a duplicate of the examination used during the initial certification process and should be constructed to educate the student on updates pertaining to pilot certification and legal requirements. 6.3 To be recertified a student must provide a current Motor Vehicle Record and proof of valid insurance to the same standards as upon initial certification. Applicant must indicate what process will be used to verify a student’s current Motor Vehicle Record and the collection of insurance forms submitted by the student at the time of recertification. 6.4 Applicant shall submit written procedures documenting the process for allowing applicant's receiving less than 80% score to be allowed to retake the certification exam one additional time without attending a class. Applicant may not charge an additional fee to retake the examination one additional time. 6.5 Applicant shall submit written procedures documenting the process for allowing students receiving less than 80% score to be allowed to attend one additional class without additional cost except for reimbursement of any additional materials and postage costs. 6.6 It will be the responsibility of the Applicant to provide to the Department within five business days of the date of recertification.a list of individuals who have applied for recertification along with the corresponding grade. 6.7 A list of students who fail to recertify must be submitted quarterly in a separate file which lists the student’s name, address, phone number, type of examination failed (written or on-line), date failed, and score received. 7.0 Training Costs 7.1 Costs associated with providing classroom instruction, materials, testing and credentialing will be the responsibility of the Applicant. These costs may be passed on to the students for certification in the form of tuition determined by the Applicant based on Applicant’s business model and expenses. 7.2 A cost proposal and a maximum course fee schedule must be submitted to the Department for approval as part of the application process. 7.3 The Department has the right to review the tuition costs being charged to students for initial certification or recertification at any time. 8.0 Suspension or Revocation of Pilot Escort Training Program 8.1 The Department may suspend or revoke the Applicant's ability to provide services if the Applicant fails to meet conditions and requirements set forth under this rule. If an Applicant has its authority to provide services revoked or suspended, the Applicant may appeal the decision. 9.0 Appeal Process 9.1 When an Applicant is denied or an Applicant's authority is revoked or suspended, the Applicant may file an appeal. The appeal shall be directed in writing to the Chief Engineer of the Department at Colorado Department of Transportation, 4201 East Arkansas Avenue, Denver, CO 80222. Any hearing required by this Chapter shall be presided over by the Chief Engineer of the Department or by an Administrative Law Judge appointed pursuant to Part 10 of Article 30 of Title 24, C.R.S.

If a hearing is held before an Administrative Law Judge and if either party is dissatisfied with the initial decision of the administrative law judge, then an appeal may be made to the Chief Engineer, pursuant to § 24-4-105 (14) and (15), C.R.S., within thirty days after the date of service of the initial decision. The appeal shall comply with the requirements of § 24-4-105, C.R.S., and shall specify the findings of fact and conclusions of law the dissatisfied party is appealing. A ruling of the Chief Engineer shall be considered a final agency action under the Colorado Administrative Procedures Act. 10.0 Review of the Pilot Escort Certification Program 10.1 The Department has the right to monitor classroom instruction, review all rates or fees, procedures, and the certification process established by the applicant whenever the Department deems it necessary to insure compliance with this rule. 10.2 A review of rates or fees charged students shall be conducted on an annual basis. 11.0 Record Retention and Data Management Requirements 11.1 Authorized Applicant’s for Pilot Escort Certification Programs shall maintain the following certification and recertification records for a period of seven years: 11.1.1 Student's name, company name (if any), business address, phone number and other contact information. 11.1.2 Driver's license number, original MVR and original proof of insurance information from insurance provider. 11.1.3 Copy of each student’s written exam or score. 11.1.4 Copy of certification card, including photo. 11.1.5 Training and expiration dates on all students. 11.1.6 All lists of recertification and expiration dates. 11.1.7 All lists of instructors, copy of their resumes and date of classroom instruction and/or recertification dates providing services. 11.2 Records may be scanned and kept electronically provided applicant has necessary data backup and retrieval procedures. 11.3 The Department has the right to review any records retained, during reasonable business hours, whenever the Department deems it necessary to insure compliance with this rule. 11.4 The loss, mutilation or destruction of any records which an Applicant is required to maintain, must be immediately reported by the applicant by affidavit stating: 11.4.1 The date such records were lost, mutilated, or destroyed; and 11.4.2 The circumstances involving how such loss occurred. 11.5 Upon completion of each training course or recertification a list of each student shall be electronically uploaded to the Permit Office or its authorized agent within five business days of completion of course, as described in material sent to Applicants. Authorized Applicants will be provided additional information regarding upload and data set requirements when such methods change. 11.6 All records, including computerized records, must be provided to the Department when requested for the purpose of an audit or review of the entities/institution's records. Failure to provide all records as requested by the Department is a violation of this rule. 11.7 Applicant's shall maintain accurate, up to date records. Failure to do so is a violation of this rule. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2007.

2 CCR 601-7 Rules, Regulations, and Standards Pertaining to Logos and Tods Signs {#sec-2-ccr-601-7 omnilex-key=us-co-regs-official--department-21--2 CCR 601-7}

DEPARTMENT OF TRANSPORTATION

Transportation Commission RULES, GOVERNING SPECIFIC INFORMATION SIGNS (LOGO) AND TOURIST ORIENTED DIRECTIONAL SIGNS (TODS) ON STATE HIGHWAYS 2 CCR 601-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis, Purpose, and Statutory Authority These Rules establish where and under what circumstances LOGO and TODS devices may be erected and maintained and require that no such device may be erected or maintained unless in full compliance with the MUTCD, § 43-1-420, C.R.S., the CDOT Sign Design Manual, and these Rules. These Rules enable the Colorado Department of Transportation to provide a uniform sign program for LOGO and TODS devices that provide directional information for qualified entities to the traveling public. The statutory authority for this rulemaking is vested in the Department by § 43-1-415(1) and 43-1-420(3), C.R.S. The Department has updated the rules to conform to mandates of HB12-1108, codified at § 43-1- 420(1)(a) and (5) C.R.S., which expanded advertising options for small businesses to include all urban areas, and offered the traveling public additional information regarding specific off-highway services.

Additionally, the Department sought to eliminate any information already set forth in the MUTCD and any other unnecessary or duplicative language. 1.00 Definitions 1.01 “Administrative and Maintenance Fees” shall mean reasonable fees based on the Highway average daily traffic and reflect the Highway right-of-way value and the Department’s program administration costs pursuant to § 43-1-420(2) and § 43-1-1202(1)(a)(XI), C.R.S., pursuant to an agreement negotiated between the Department and Contractor. 1.02 “Business” shall mean an eligible business, service or activity. 1.03 “CDOT” or “Department” shall mean the Colorado Department of Transportation. 1.04 “Contractor” shall mean a vendor selected by the Department to implement and administer the LOGO and TODS sign programs on behalf of the Department. 1.05 “Expressway” shall mean a divided highway with partial control of access generally having grade separations at major intersections. 1.06 “Freeway” shall mean a divided Highway with full access control having grade separations at all intersections. 1.07 “Highway” shall mean any road on the state Highway system as defined in § 43-2-101(1),C.R.S. 1.08 “Highway Miles” shall mean the driving distance in miles. 1.09 “Intersection” shall mean the crossing of a conventional road and a Highway, excluding driveways, alleys, freeways, expressways, and the interstate system. 1.10 “Interstate” shall mean the system of highways as defined in § 43-2-101(2), C.R.S. 1.11 “LOGO Plaque” shall mean a flat rectangular information sign which is attached to a LOGO sign panel, either on the mainline, ramp or Trailblazer sign, and is limited to the name, brand name, trademark, logo or symbol for businesses providing motorist services for gas, food, lodging, camping, tourist attractions and/or twenty-four hour pharmacies. 1.12 “LOGO Sign” shall mean a blue guide sign which belongs to CDOT; to which plaques belonging to businesses are attached, located on an interstate, freeway or expressway interchange which provides the traveling public with business identification and directional information for eligible services and tourist attractions. 1.13 “Mainline Plaques” shall mean a sign along the main travelled way of a Roadway. 1.14 “MUTCD” shall refer to the 2009 edition of the FHWA Manual on Uniform Traffic Control Devices for Streets and Highways (including Revision 1 dated May 2012 and Revision 2 dated May 2012).

Terms not defined in these Rules shall be in accordance with usage in the MUTCD. 1.15 “Official Traffic Control Device” shall mean all signs, signals, markings, and devices placed or displayed by the Department or others pursuant to authority of any public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. 1.16 “Permit” shall mean the document signed by both the Permittee and the Contractor, setting forth the terms and conditions for placement of a LOGO or TODS plaque on a LOGO or TODS sign panel. 1.17 “Permittee” shall mean an eligible entity which applies for and is granted a permission to display a plaque on a LOGOS or TODS sign. 1.18 “Ramp Plaques” shall mean a plaque installed on a ramp sign structure located along an off ramp from an interstate freeway or expressway. 1.19 “ROW” or “Right-of-Way” shall mean the entire width of land between the public boundaries or property lines of a Highway acquired for or devoted to a highway purpose. 1.20 “Roadway” shall mean that portion of a Highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the event the highway includes two or more separate roadways, the term roadway refers to any such roadway separately but not to all such roadways collectively. 1.21 “Seasonal Closure” shall refer to a business that is not open to the public for more than fourteen (14) continuous days. 1.22 “Symbol” shall mean the standard design markings used in preference to word messages and are as shown in the MUTCD, Part 2. 1.23 “TODS” or “Tourist-Oriented Directional Sign” shall mean a blue guide sign which belongs to CDOT. Any attached plaques belong to the business associated with the plaque. TODS are installed at an at-grade intersection located along highways excluding interstates that provide the traveling public with business identification of and directional information for eligible tourist business, service, and activity facilities. 1.24 “TODS Plaque” shall mean a flat rectangular information sign which is attached to a TODS sign panel, either on the mainline, ramp, or Trailblazer sign, limited to the name, brand name, trademark, logo or symbol for tourist-oriented businesses for motorists not residing within fifty (50) miles of the business. 1.25 “Tourist Attraction” shall mean an attraction of regional interest whose primary purpose is to provide amusement, historical, cultural or leisure activities to the traveling public as further outlined in Section 2.00 below. 1.26 “Trailblazer Sign” shall mean a supplemental guide sign that provides the travelling public with directional information to a particular business that displays a directional arrow and may include the mileage to the business. 2.00 Sign Requirements 2.01 Tourist Attraction Requirements A. To be eligible as a Tourist Attraction of regional interest to the traveling public, a business must be one of the following:

1. Natural phenomena, which shall be limited to a features created by nature, including but not limited to unusual rock formations, caves, fossil beds, and waterfalls.

2. Historic sites or districts of state and/or national significance and limited to structures or sites that are of definite historical significance as determined by the Colorado Historical Society (n/k/a History Colorado), or as a historic attraction in the National Register of Historic Places as published by the United States Park Service.

3. Cultural sites, which shall be limited to a facilities for the performing arts, exhibits or concerts.

4. Amusement parks, which shall be limited to permanent area which are open to the general public in season for three (3) or more of the following activities: picnicking, hiking, swimming, boating, entertainment rides, food services, and must be in operation for not less than 100 days per year.

5. Arenas, which shall be limited to stadiums, sports complexes, auditoriums, fairgrounds, civic or convention centers or race tracks having a capacity of not less than five thousand (5,000) seats and open for normal business for not less than twenty-eight (28) events per year.

6. Areas of natural or scenic beauty, which shall be limited to a naturally-occurring areas of outstanding interest to the general public, including state or national parks, wilderness areas, mountain ranges, lakes, rivers, canyons, and similar areas.

7. Golf courses, which shall be limited to facilities open to the public and offering not less than nine (9) holes of play. Miniature golf courses, driving ranges, chip-andputt courses and indoor golf shall not be eligible.

8. Museums, which shall be limited to facilities, open to the public at least one hundred (100) days per year, where works of artistic, historical, or scientific value are cared for and exhibited to the general public.

9. Recreational areas, which shall be limited to areas that provide for bicycling, boating, fishing, hiking, rafting, picnicking, snowmobiling or skiing.

10. Zoological or botanical parks shall be limited to facilities in which living animals, insects, or plants are kept and exhibited to the general public.

11. Wineries, distilleries or breweries shall be limited to sites licensed by the state that produce a minimum of one thousand (1,000) gallons of wine, beer or spirits per year.

12. Regionally-grown agricultural crops that are provided for sale within temporary structures for at least one hundred (100) days a year.

13. Casino attractions shall be limited to facilities holding gaming licenses. 2.02 Duties and Responsibilities.

A. The Department will establish and maintain an effective contract monitoring process that ensures the Contractor for the TODs and Logo Program complies with the terms of its contract. The Department will monitor the Contractor by:

(1) Conducting annual fiscal reviews of the financial data required in the contract to determine if the revenue and program data reported by the contractor are accurate.

(2) Requesting that the contractor provide a copy of its financial data compiled annually.

(3) Establishing a regular field review process for the TODs and LOGO Program to determine if the Contractor is providing the services outlined in statute and established in the contract.

B. The Department must approve all proposed sign locations and determine the location of all plaque placements on sign panels.

C. The Department may relocate any sign for any Highway purpose.

D. Neither the Department nor the Contractor shall be responsible for lost, stolen, defaced, deteriorated, damaged or destroyed plaques, regardless of the cause.

E. The Contractor is the only entity authorized to perform erection, maintenance and removal of sign plaques and panels.

F. Permittee shall provide all plaques to be displayed on Department sign structures.

G. The Permittee shall be responsible for delivering a replacement or renovated plaque to the Contractor to replace any plaque which is lost, stolen, defaced, destroyed or which does not meet Department sign standards. 2.03 Provisions Pertaining to Plaques and Sign Panels A. All sign legends are subject to Department approval.

B. Sign panels shall not block driver sight of an existing or planned official traffic control device.

C. All plaques and sign panels shall be provided and constructed in accordance with the MUTCD, the CDOT Sign Design Manual, § 43-1-420, C.R.S., and these Rules.

D. No plaque may resemble any official traffic control device.

E. The sign panel size, composition, height, lateral clearance and location shall strictly adhere to the requirements of the MUTCD, the CDOT Sign Design Manual and these Rules.

F. Neither a plaque design nor a logo or symbol shall contain contact information, including but not limited to directions, slogans, telephone numbers and internet addresses.

G. Plaques denoting unavailable services shall only be covered or removed by the Contractor.

H. Plaques for businesses no longer qualified to participate in either sign program shall be covered or removed by the Contractor.

I. The Department may remove any plaque or sign if it is required for highway purposes or activities or if the condition of the plaque or sign endangers the health, safety or welfare of the public, or in the event the plaque has become inconsistent with or in violation of these Rules.

J. For seasonal closures:

1. Permittee shall notify the Contractor at least twenty (20) days prior to any anticipated change (closing, reopening, or unavailability of services) lasting more than fourteen (14) days.

2. A fee may be assessed for any costs arising from seasonal closures.

3.00 LOGO 3.01 Plaque Requirements A. Eligible service categories shall be limited to gas, food, lodging, camping, tourist attractions and twenty-four hour pharmacies.

B. Mainline Plaques shall be exactly forty-eight (48) inches wide and thirty-six (36) inches high.

C. Ramp and Trailblazer plaques shall be exactly twenty-four (24) inches wide and eighteen (18) inches high.

D. Only LOGO plaques shall be installed on LOGO sign panels.

E. Sign panels shall display the exit number. 3.02 Location Requirements A. Sign panels shall be ground-mounted and located within the Department ROW at interchanges.

B. Sign panels shall be located only on Interstate Highways, Freeways and Expressways.

C. Ramp signs shall be installed along the ramp or at the end of the ramp.

D. Sign panels shall not be located at the following locations, or under the following circumstances:

1. At interchanges with other Interstates, Freeways or Expressways;

2. Where a U-turn or any other illegal movement is required;

3. In locations that conflict with legally permitted utilities;

4. At an interchange where the motorist cannot conveniently re-enter the Highway continuing in the same direction of travel.

5. Maximum driving distance from an interchange to:

a. Eligible gas, food, lodging and camping facilities shall not exceed three miles if within that three mile limit there are less than six participating services of the type being considered, the limit of eligibility may be extended to five miles.

b. An eligible twenty-four hour pharmacy shall not exceed three miles.

c. An eligible Tourist Attraction shall not exceed three miles within an urbanized area and ten miles outside of an urbanized area.

d. A casino attraction shall not exceed fifteen miles.

4.00 TODS 4.01 Design Requirements A. Plaques shall be exactly seventy-two (72) inches wide and eighteen (18) inches high.

B. Signs shall not be located within Interstate Highway Right-of-Way.

C. Only TODS plaques shall be installed on ground-mounted TODS sign panels.

D. Business logos shall be reproduced in the colors and of a general shape consistent with customary use, and any integral legend shall be proportionate in size.

E. Symbols for services as depicted within the MUTCD may be incorporated in lieu of or with word messages.

F. When approaching an intersection with more than one plaque, the order of the plaques shall be first, for businesses signed for the left direction, and second, for businesses signed for the right direction.

G. All plaques may be mounted on one sign panel when there are four or less plaques.

H. When approved plaques are attached to one sign panel, the mounting order shall be: businesses on the left on top; and businesses on the right, on the bottom.

I. Jurisdictional boundary changes that include locations where TODS signs have been approved and installed may necessitate the removal of any signs prohibited by § 43-1- 420(3), C.R.S.

J. Permittees shall maintain information and/or documentation for at least three years to demonstrate that the business or activity derives the major portion of income or visitors during the normal business season from motorists residing more than fifty (50) miles from the business or activity. The records may include, but are not limited to, guest books, attendance records, any means of determining the visitor residency. 4.02 Location A. For intersections within municipal boundaries, the maximum driving distance from the intersection to the business shall not exceed one mile.

B. For intersections outside of municipal boundaries, the maximum driving distance from the intersection to the business shall not exceed fifteen (15) miles.

C. A plaque shall be permitted only at the intersection nearest to the business.

D. Each business shall be limited to one plaque for each direction of travel to that business on a given road. 4.03 Seasonal Plaques A. Seasonal plaques shall occupy the bottom position on a sign.

B. The business that has the shorter business season during the calendar year shall have the lowest plaque position.

C. All plaques shall be repositioned as needed due to seasonal plaque changes. 5.00 Trailblazer Signs A. Trailblazer Signs shall be installed at locations that require additional guide signs from the intersection to the eligible business, and must be furnished and paid for by the Permittee.

B. Trailblazer Signs must:

1. Use proportionate lettering on all symbols when lettering on symbols is required.

2. Be located only along the shortest route from the Highway to the business on a public roadway.

3. Include the distances and directional arrows in lieu of words.

4. Be used only at every intersection requiring a turn until the business is visible.

5. Be erected prior to the erection of any other ramp or mainline sign panels.

6. Have local jurisdiction approval prior to erection, when not located on a state Highway. 6.00 Rotation Procedure A. Rotation shall be initiated when all plaques have been on a sign panel for one full year and additional businesses are awaiting display on the same sign panel.

B. Permittees on a full panel will be rotated off the panel on the Permit renewal date to the extent needed to provide plaque space for those on the priority waiting list.

C. Businesses rotated off the board are eligible to be included on the priority waiting list for the next rotation.

D. Annual rotation procedures may require removal of any plaques.

E. Display priority will be determined based upon the order in which the Contractor received the application for a plaque on a given sign panel.

F. The Contractor shall maintain a list of initial application dates in order to establish a waiting list rotation order when necessary. 7.00 Permits Application, Renewal and Revocation 7.01 General Permit Requirements A. On behalf of CDOT, the Contractor shall issue Permits to eligible businesses. Plaques shall be installed on sign panels only after a Permit is issued.

B. Granting of a Permit conveys no right, title or interest in the state Highway ROW or in the LOGO or TODS sign panel to the Permittee.

C. Permit applications must comply with all requirements of the MUTCD, § 43-1-420, C.R.S., and these Rules.

D. Permit applications or renewals shall be denied if granting the Permit or Permit renewal would endanger the health, safety or welfare of the traveling public.

E. No Permit for a TODS plaque shall be issued unless the county, city and county, or municipality in which such sign is to be located has authorized it pursuant to § 43-1- 420(3), C.R.S. Local jurisdiction approval is not required for LOGO signs. 7.02 Application Requirements A. The Contractor shall consider applications in the order of the effective date and time received, and shall act upon the Permit applications or renewals within thirty (30) days.

B. The application shall be accompanied by a Certificate of Good Standing issued by the Colorado Secretary of State and all required fees.

C. Permit applications and renewals shall be submitted to the address of the Contractor, which is available at https://www.coloradodot.info/programs/logos_tods.html.

D. Notice of approval or denial shall be sent to the Permittee by First Class U.S. Mail.

E. All sections of the application must be completed, including the route and milepost number and side of road (north, south, east or west), the nearest intersection or exit number, and the plaque(s) layout.

F. Permittees may request any change to a plaque during the term of the Permit at Permittee’s cost, provided that the change conforms to § 43-1-420, C.R.S., the MUTCD and these Rules.

G. Plaque Permit renewals not received prior to expiration shall be subject to plaque removal. 7.03 Fees A. All fees shall be submitted with the Permit application or renewal in accordance with the fee schedule which is available on the CDOT website, located at https://www.coloradodot.info/programs/logos_tods.html.

B. All fees shall be returned if the application is denied or if, after approval, the plaque is unable to be installed as a result of the Department’s actions. 8.00 Permit Denial, Revocation, Suspension, and Appeal Process A. Pursuant to § 24-4-104, C.R.S., the Department may deny a Permit application or renewal or may revoke a Permit and remove a plaque, if:

1. The Permittee has violated the terms or conditions of the Permit, the MUTCD, §43-1-420, C.R.S., or these Rules;

2. Plaques or sign panels are erected or maintained at a location that has not been approved by the Department;

3. The local jurisdiction approval has not been obtained or has been revoked for a TODS sign panel;

4. The plaque or sign panel has been added to or altered in any way in violation of the MUTCD, § 43-1-420, C.R.S., or these Rules;

5. The Permit application contains false or misleading information;

6. The Permittee fails to maintain a Certificate of Good Standing with the Colorado Secretary of State; or 7. For any other Highway purpose.

B. If imperatively necessary to protect the health, safety or welfare of the public, the Department may take immediate action prior to notice and hearing, including removal or covering a plaque or sign panel if:

1. The Department finds that the Permittee has been guilty of a violation of § 43-1- 420, C.R.S., the MUTCD or these Rules; or 2. The health, safety or welfare of the public requires emergency action.

C. The Department shall provide written notice by certified mail on the next business day following any emergency action taken that affects the Permittee’s plaque. Such notice shall set forth the basis for the required emergency action.

D. The appeal provisions of § 24-4-104(4), C.R.S. shall apply.

E. Within sixty days of the giving of notice of the Department’s action, the Permittee may request a hearing before the Department as provided in § 24-4-105(9), C.R.S. The notice shall specify the grounds for such denial, revocation or suspension including which applicable requirements or criteria of § 43-1-420, C.R.S. the MUTCD or these Rules the Permittee or sign location has failed to meet. Requests must be sent to:

LOGO and TODS Program Manager Colorado Department of Transportation 4201 E. Arkansas Avenue Denver, CO 80222 9.00 Materials Incorporated by Reference A copy of the Rules and of all other incorporated materials are available for public inspection during regular business hours at the Colorado Department of Transportation, from the Roadside Advertising Program Manager, Safety and Traffic Engineering Branch, 4201 E Arkansas Avenue, Denver, Colorado 80222. The following materials are incorporated by reference; such incorporation does not include later amendments or editions of any incorporated material: The Manual on Uniform Traffic Control Devices, 2009 edition, (MUTCD), including Revision 1 and 2 dated May 2012, and The CDOT Sign Design Manual (December 18, 2012). Both of these publications are available on the CDOT website located at https://www.coloradodot.info/programs/logos_tods.html. The following regulations are incorporated by reference; such incorporation does not include later amendments or editions of any incorporated material: 23 U.S.C. 109(d)(October 1, 2012) and 23 U.S.C. 131(f)(October 1, 2012). Incorporated materials are also maintained at the State Publications Depository and Distribution Center, 201 East Colfax Avenue, Denver, Colorado 80203, and may be examined at any other state publications library via inter-library loan. _______________________________________________________________________________ Editor’s Notes

History Entire rule eff. 09/14/2011.

Entire rule eff. 07/30/2013.

2 CCR 601-8 Rules Governing the Use of Tunnels on Colorado State Highways {#sec-2-ccr-601-8 omnilex-key=us-co-regs-official--department-21--2 CCR 601-8}

DEPARTMENT OF TRANSPORTATION

Transportation Commission RULES GOVERNING THE USE OF TUNNELS ON COLORADO STATE HIGHWAYS 2 CCR 601-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose and Statutory Authority The Transportation Commission has revised the Rules Governing the Use of tunnels on State Highways in order to update state and federal statutory references, clarify and simplify language, and provide an easily understandable guide for use of the tunnels on state highways and specifically the Eisenhower- Johnson Memorial Tunnels. Section 42-4-106(7)(a), C.R.S., provides the Transportation Commission with

authority to adopt rules concerning the operation of any motor vehicle and commercial vehicle in any tunnel which is a part of the state highway system. Pursuant to § 42-4-106(7)(b), C.R.S., the Department may prohibit or regulate the operation of any motor vehicle and commercial vehicle which transports any

article, deemed to be dangerous, in any tunnel which is part of the state highway system. Further, § 42- 20-301(3), C.R.S., provides authority to the Transportation Commission to regulate hours of operation of the Eisenhower-Johnson Memorial Tunnels on Interstate 70.

These rules shall be interpreted consistently with the requirements of Title 49 CFR parts 100 to 177.

Additionally, these rules should be read together with 8 CCR 1507-25 "Rules and Regulations Concerning the Permitting, Routing & Transportation of Hazardous and Nuclear Materials and the Intrastate Transportation of Agricultural Products in the State of Colorado." These rules are promulgated by the Department of Public Safety, Chief of the Colorado State Patrol pursuant to § 42-20-108 (1) and (2), C.R.S. These rules also regulate the safe transportation of nuclear materials by motor vehicle within the State of Colorado pursuant to § §42-20-403, 504 and 508, C.R.S., and exempt agricultural products from the rules pursuant to § 42-20- 108.5, C.R.S.

The transport of hazardous materials is strictly governed by federal and state regulations and CDOT must adhere to these legal requirements. CDOT’s Rules 3.03 and 3.04 are based on federal regulations which CDOT has no authority to modify.

Applicability. These rules apply to all Commercial Vehicles, Motor Vehicles and Persons utilizing the tunnels under the Colorado Department of Transportation’s jurisdiction. 1.00 Definitions 1.01 "Commercial Vehicle" as set forth in § 42-4-235, C.R.S., shall mean (I) any self-propelled or towed vehicle bearing an apportioned plate or having a manufacturer's gross vehicle weight rating or gross combination rating of ten thousand one pounds or more, which vehicle is used in commerce on the public highways of this state or is designed to transport sixteen or more passengers, including the driver, unless such vehicle is a school bus regulated pursuant to

section 42-4-1904, C.R.S., or any vehicle that does not have a gross vehicle weight rating of twenty-six thousand one or more pounds and that is owned or operated by a school district so long as such school district does not receive remuneration for the use of such vehicle, not including reimbursement for the use of such vehicle; (II) any motor vehicle designed or equipped to transport other motor vehicles from place to place by means of winches, cables, pulleys, or other equipment for towing, pulling, or lifting, when such motor vehicle is used in commerce on the public highways of this state; and (III) a motor vehicle that is used on the public highways and transports materials determined by the secretary of transportation to be hazardous under 49 U.S.C. Sec. 5103 in such quantities as to require placarding under 49 CFR parts 172 and 173. 1.02 "Department" or "CDOT" shall mean the Colorado Department of Transportation established pursuant to § 43-1-103, C.R.S. 1.03 "Enforcement Official" shall mean, and is limited to, a peace officer who is an officer of the Colorado State Patrol as described in § § 16-2.5-101 and 114, C.R.S., a certified peace officer who is a certified port of entry officer as described in § § 16-2.5-101 and 115, C.R.S., a peace officer who is an investigating official of the transportation section of the public utilities commission as described in § § 16-2.5-101 and 143, C.R.S., or any other peace officer as described in section § 16-2.5-101, C.R.S. [ § 42-20-103 (2), C.R.S.] 1.04 "Hazardous Materials" (also known as "Hazmat") shall mean those materials listed in Tables 1 and 2 of 49 CFR 172.504, excluding highway route controlled quantities of radioactive materials as defined in 49 CFR 173.403 (l), excluding ores, the products from mining, milling, smelting, and similar processing of ores, and the wastes and tailing therefrom, and excluding special fireworks when the aggregate amount of flash powder does not exceed fifty pounds. [§ 42-20-103 (3), 1.05 "Motor vehicle" shall mean any self-propelled vehicle that is designed primarily for travel on the public highways and that is generally and commonly used to transport persons and property over the public highways or a low-speed electric vehicle; except that the term does not include lowpower scooters, wheelchairs, or vehicles moved solely by human power. 1.06 "Person" shall mean an individual, a corporation, a government or governmental subdivision or agency, a partnership, an association, or any other legal entity; except that separate divisions of the same corporation may, at their request, be treated as separate persons. [§ 42-20-103 (6), 1.07 "Staging" shall mean the parking of a Motor Vehicle or Commercial Vehicle at a specific location to facilitate its safe passage through the Eisenhower-Johnson Memorial Tunnel according to the specific timing requirements of Rule 3.05 1.08 "State Highway" shall consist of the federal-aid primary roads, the federal-aid secondary roads, and the interstate system, including extensions thereof within urban areas. [§ 43-2-201(1), 1.09 "Tunnel" shall mean enclosed roadways with vehicle access that is restricted to portals regardless of type of structure or method of construction. Tunnels do not include highway bridges, railroad bridges or other bridges over a roadway. Tunnels are structures that require special design considerations that may include lighting, ventilation, fire protection systems, and emergency egress capacity based on the owners’ determination. 2.00 General Requirements for Use of All CDOT Tunnels 2.01 These Rules apply to all facilities identified below in Rule 4.00. 2.02 Any Person operating a Motor Vehicle or Commercial Vehicle in any Tunnel on the State Highway System shall comply with all governing state and federal law and regulations. Any Motor Vehicle, Commercial Vehicle or Person failing to abide by all applicable law and regulations will be referred to law Enforcement Officials. No Person shall obstruct, harass, impair, attempt to influence, or otherwise interrupt the official government functions of the CDOT Tunnel staff. In the event such actions should occur the appropriate law enforcement agency will be contacted immediately. 2.03 CDOT, including Tunnel Personnel, may prohibit any Motor Vehicle or Commercial Vehicle or device, pursuant to § 42-4-106 (7), C.R.S., from using a Tunnel when the health or safety of the public warrants such action. 2.04 Pedestrians shall not be permitted in Tunnels without the express permission of the Department. 2.05 Electrical assisted bicycles, electric personal assistive mobility devices, low-power scooters, lowspeed electric vehicles, motor driven cycles, motorcycles, or motor scooters, with a motor which produces five (5) horsepower or less, and bicycles or other means of conveyance are prohibited from using any Tunnel unless a special use permit has been granted by the Colorado State Patrol. [ § 42-1-102, (28.5) (28.7) (48.5)(a), and (48.6), C.R.S.] 2.06 The Department shall be authorized to schedule any closure of a segment of the State Highway system or at the request of the Colorado State Patrol in order to provide for the safety of the public and including but not limited to maintenance operations, avalanche control, rock fall mitigation, and roadway construction. The CDOT Maintenance Superintendent or his/her designee, in consultation with the CDOT Regional Transportation Director and the CDOT Director of Transportation Systems Management & Operations,, may exercise discretion related to the use of CDOT Tunnels as specified in these rules to address traffic mitigation or to provide for the health, safety and welfare of the public. 3.00 Requirements Specific to the Eisenhower-Johnson Memorial Tunnels (EJMT) 3.01 CDOT Personnel at the EJMT shall have the authority to:

A. Direct Motor Vehicles or Commercial Vehicles to staging/parking areas and enlist the assistance of an Enforcement Official to review shipping papers or their equivalent to protect the health, safety and welfare of the public.

B. Establish and post restricted access requirements (e.g., speed limit reductions, convoy escort operations, vehicle convoys, and Tunnel closures) granting or denying highway and/or Eisenhower-Johnson Memorial Tunnels (EJMT) access, when access would present a hazard to the Tunnels or to persons using the Tunnels. 3.02 All Commercial Vehicles, Motor Vehicles and Persons transporting placarded quantities of hazardous materials are required to use Loveland Pass (US 6) when the Pass is open. 3.03 Commercial Vehicles, Motor Vehicles and Persons are prohibited at all times from transporting the following placarded hazardous materials through the EJMT, and may not park in the parking lots outside of EJMT.

PROHIBITED AT ALL TIMES FROM EJMT

Division 1.1 Placard Explosives With a Mass Explosion Hazard Division 1.2 Placard Explosives With a Projection Hazard Division 1.3 Placard Explosives With Predominantly a Fire Hazard Division 1.4 Placard Explosives With No Significant Blast Hazard Division 1.5 Placard Very Insensitive Explosives: Blasting Agents Division 4.3 Placard Dangerous When Wet Materials PROHIBITED AT ALL TIMES FROM EJMT Division 5.2 Placard Organic Peroxides Division 2.3 Inhalation Hazard Division 6.1 Placard Poisonous Materials (inhalation hazards only)

The HRCQ placard has the square background behind the point on point placard. Compare Class 7 Placard Radioactive Materials under Rule 3.04.

Highway Route-Controlled Quantity (HRCQ) . 3.04 Materials Permitted to Use EJMT when Loveland Pass (US 6) is closed. Subject to the requirements of these rules and all state and federal laws, Commercial Vehicles, Motor Vehicles and Persons may transport the following hazardous materials through the EJMT only when Loveland Pass (US 6) is closed.

Division 1.6 Placard Extremely Insensitive Detonating Substances This is a point-on-point placard as distinguished from HRCQ placard which has a square background. HRCQ is prohibited at all times.

Class 7 Placard Radioactive Materials Division 2.1 Placard Flammable Gases Division 2.2 Placards Non-Flammable, Non Poisonous Gases Class 3 Placards Flammable Liquids Class 3 Placards Combustible Liquids Division 4.1 Placard Flammable Solids Division 4.2 Placard Spontaneously Combustible Materials Division 5.1 Placard Oxidizing Substances Division 6.1 Placards Poisonous or Toxic Materials (excludes inhalation hazards)

Division 6.2 Label Infectious Substances Class 8 Placard Corrosive Substances Class 9 Placard Miscellaneous Hazardous Materials Dangerous Placard Dangerous Hazardous Materials ORM-D Label Other Regulated Materials 3.05 Restrictions on Placarded Loads Carrying Hazardous Materials when Loveland Pass (US 6) is Closed.

A. Peak Period Operations. Peak Periods are those times of increased vehicle traffic determined by the Department to warrant restrictions on the transporting of placarded quantities of permitted hazardous materials.

1. No vehicles containing placarded quantities of hazardous materials are allowed to use EJMT during the following time frames:

Westbound Saturday and Sunday mornings, from 7:01 a.m. to 9:59 a.m.

National Holidays when they fall on a Monday or Friday from 7:01 a.m. to 9:59 a.m.

Eastbound Sunday afternoons, from 2:01 p.m. to 6:59 p.m.

National Holidays when they fall on a Monday or Friday, from 2:01 p.m. to 6:59 p.m.

Special Provisions for New Years Day and Christmas Day.

The day preceding and the day following the holiday may be included in the Peak Period restrictions. When Christmas Day or New Years’ Day fall on a weekday, Peak Period restrictions may include Friday and Saturday eastbound.

2. National Holidays for purposes of these Rules are: New Year’s Day (January 1);

Martin Luther King, Jr. Day (3rd Monday of January); President’s Day (3rd Monday in February); Memorial Day (last Monday in May); Independence Day (July 4); Labor Day (1st Monday in September); Thanksgiving Day (4th Thursday in November) and Christmas Day (December 25).

3. CDOT will provide real-time information specific to Commercial Motor Vehicles including placarded loads carrying Hazardous Materials, on Interstate 70 with details including road conditions, Loveland Pass closures, Hazmat holds at EJMT, and forecasts of Peak Period travel delays. When feasible, CDOT may route placarded quantities of hazardous materials through the EJMT during significant gaps in traffic when Loveland Pass (US 6) is closed during Peak Period restrictions.

4. Loads carrying Placarded quantities of Hazardous Materials will be allowed to Stage outside of the 300 foot restriction to the EJMT and at least 5 feet from the State Highway in designated parking spaces. After these spaces are filled, Persons, Motor Carriers and Commercial Vehicles may use Herman’s Gulch (Exit 218), Officer’s Gulch (Exit 198) or other rest areas to Stage pending notification from CDOT Tunnel personnel that access is permitted.

B. Off-Peak Period Operations when Loveland Pass (US 6) is Closed. Once authorization and specific direction is given by CDOT personnel, Motor Vehicles, Commercial Vehicles and Persons transporting placarded quantities of Hazardous Materials under this Rule may use the EJMT:

1. Seven days a week on the hour; and 2. Between the hours of 11 p.m. and 6 a.m. on the half hour. 3.06 All Motor Vehicles, Commercial Vehicles and Persons transporting authorized Hazardous Materials through the EJMT shall:

Travel at speeds no faster than 30 miles per hour;

Not pass other vehicles; and Maintain a minimum distance of 800 feet from other vehicles. 3.07 Hazmat Routes 3.07.1 The EJMT is not located on a designated hazardous materials route section. The designated hazardous materials routes within the State of Colorado may be found at http://dtdapps.coloradodot.info/staticdata/Downloads/StatewideMaps/HazMatMap.pdf.

See also http://www.coloradodot.info/business/hazmat-routing. 4.00 CDOT Tunnels and Snow Sheds Structure No.

Tunnel Name & Location Description Route Mile Post NHS (Y/N)

H-03-BT Interstate 70, MP 50.38, Beavertail Bore 13.75 miles east of Grand Junction in DeBeque Canyon 070A 50.38 Y H-03-BU Interstate 70, MP 50.38, Beavertail Bore 13.75 miles east of Grand Junction in DeBeque Canyon 070A 50.37 Y F-07-Q Interstate 70, MP 117.83, No Name Bores 1.5 miles East of SH 82- Grand Ave., Glenwood Springs 070A 117.81 Y F-07-R Interstate 70, MP 117.83, No Name Bores 1.5 miles East of SH 82- Grand Ave., Glenwood Springs 070A 117.8 Y F-08-AP Interstate 70, MP 125.7, Hanging Lake Glenwood Canyon, 8.1 miles east of Glenwood Springs 070A 125.23 Y F-08-AQ Interstate 70, MP 125.7, Hanging Lake Bores, Glenwood Canyon, 8.1 miles east of Glenwood Springs 070A 125.24 Y F-08-AT Interstate 70, MP 127.12 Reverse Curve One bore West bound only, 10.5 miles east of Glenwood Springs 070A 127.09 Y F-13-X Interstate 70, MP 213, Eisenhower/ Johnson Memorial Bores, under the Continental Divide, 60 miles west of Denver 070A 213.61 Y F-13-Y Interstate 70, MP 213, Eisenhower/ Johnson Memorial Bores, under the Continental Divide, 60 miles west of Denver 070A 213.61 Y F-15-BN Interstate 70, MP 242, Twin Tunnels One bore each Tunnel, within the city limits of Idaho Springs (2.6 miles east of junction with SH 103)

070A 242.11 Y

F-15-BO Interstate 70, MP 242, Twin tunnels One bore each Tunnel, within the city limits of Idaho Springs (2.6 miles east of junction with SH 103)

070A 242.11 Y

F-17-FW Interstate 225 MP 0.02 at Junction. with Interstate-25 SB MP 200 Cut and cover Structure, Junction I-225 Southbound only with Interstate 25 Southbound only 225A F-15-AW US 6 - MP259 to 006G 264.76 N Structure No.

Tunnel Name & Location Description Route Mile Post NHS (Y/N)

F-15-AX US 6 - MP259 to 006G 265.13 N F-15-AY US 6 - MP259 to 006G 270.37 N F-15-X US 6 - MP259 to 006G 258.94 N F-15-Y US 6 - MP259 to 006G 259.46 N N-09-F US160 - MP 174.8 Wolf Creek Pass Tunnel One bore, 31.15 miles east of Pagosa Springs (located on west side of Wolf Creek Pass)

160A 174.19 Y

L-06-P US 550 - MP 90.86

Bear Creek Tunnel One bore, 1.2 miles south of Ouray in Ouray county 550B 90.84 Y B-15-E SH 14 - MP 107.2 One bore, 27.48 miles west of Fort Collins in Roosevelt National Forest 014B 107.23 N D-15-AS SH 119 - MP 37.6 One bore, in Boulder Canyon, 4.2 miles west of Junction with SH 7 & SH 93 119A 37.69 N M-06-AG US 550 – MP 88.16 East Riverside Snow Shed Snow Shed 550B 88.16 Y O-09-K US 160 – MP 168.47 Alberta Snow Shed Snow Shed 160A 168.47 Y 5.00 Materials Incorporated by Reference Copies of these Rules and of all other incorporated materials are available for public inspection during regular business hours at the Colorado Department of Transportation, Office of Policy and Government Relations, 4201 East Arkansas Avenue, Denver, Colorado 80222. Incorporated materials are also maintained at the State Publications Depository and Distribution Center, 201 East Colfax Avenue, Denver, Colorado 80203, and may be examined at any other state publications library via inter-library loan. The following regulations and materials are incorporated by reference; such incorporation does not include later amendments or editions of any incorporated material: Title 49 CFR parts 100 to 177, and 8 CCR 1507-25 “Rules and Regulations Concerning the Permitting, Routing & Transportation of Hazardous and Nuclear Materials and the Intrastate Transportation of Agricultural Products in the State of Colorado” dated 4.30.2013. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 09/30/2008.

Entire rule emer. rule eff. 01/16/2014; expired 05/16/2014.

Entire rule eff. 06/30/2014.

2 CCR 601-9 OPERATION OF LONGER VEHICLE COMBINATIONS ON DESIGNATED STATE HIGHWAY SEGMENTS [Repealed eff. 01/14/2011] {#sec-2-ccr-601-9 omnilex-key=us-co-regs-official--department-21--2 CCR 601-9}

DEPARTMENT OF TRANSPORTATION

Transportation Commission OPERATION OF LONGER VEHICLE COMBINATIONS ON DESIGNATED STATE HIGHWAY SEGMENTS – Repealed eff. 01/14/2011 2 CCR 601-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

STATEMENT OF BASIS AND PURPOSE

The Executive Director, upon the Department’s recommendation, is repealing this rule, 2 CCR 601-9 because the entire rule has been updated and incorporated into another existing CDOT Rule, 2 CCR 601- 4, thus rendering this rule obsolete. _____________________________________________________ Editor’s Notes

History Entire rule repealed eff. 01/14/2011.

2 CCR 601-10 Rules Governing Construction Bidding for Cdot Public Projects {#sec-2-ccr-601-10 omnilex-key=us-co-regs-official--department-21--2 CCR 601-10}

DEPARTMENT OF TRANSPORTATION

Contracts and Market Analysis Branch RULES GOVERNING CONSTRUCTION BIDDING FOR CDOT PUBLIC PROJECTS 2 CCR 601-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

CHAPTER 1 GENERAL PROVISIONS

Statement of Basis and Purpose and Statutory Authority The rules implement the provisions of the Construction Bidding for Public Projects Act (Article 92 of Title 24, C.R.S.) as they relate to the repair, construction and maintenance of highway and bridge Public Projects where the Colorado Department of Transportation (“CDOT”), is the contracting agency.

The purpose of these rules is to set forth authority for promulgation of the rules, to set forth definitions to be applied throughout the rules, and to establish certain prohibitions applicable to the rules.

Specific statutory authority to promulgate rules relating to, and necessary to implement, the provisions of, the “Construction Bidding for Public Projects Act,” Section 24-92-101, et seq., C.R.S., is granted to the Executive Director of CDOT by Section 24-92-110, C.R.S., and 24-109-202, C.R.S. The statement of

basis, statutory authority and purpose is hereby incorporated by reference and made a part of the rules.

In 2014, CDOT updated 2 CCR 601-10 as a result of HB13-1292, codified at Section 24-92-110, C.R.S., which made modifications to procurement requirements for government contracts, including the evaluation of a Competitive Sealed Best Value Bid (“CSBV”) pursuant to Section 24-92-103.5(3), C.R.S.

In 2018, CDOT is updating 2 CCR 601-10 primarily as a result of SB 17-211, which directed CDOT to update the contract amounts for which a bidder is required to submit an audited financial statement reviewed by a certified public accountant, and also to make other non-substantive changes for clarification to the rules.

Rule updates: March 30, 2014, November 1, 2006; March 2, 1999; June 30, 1990; May 30, 1986; May 30, 1985; September 30, 1983.

Applicability These rules are applicable to CDOT and all Contractors that submit Bids on Public Projects. Nothing contained in the rules voids the provisions in the Invitation for Bids. Exemptions to the rules are as set forth in Section 24-92-104, C.R.S., which is incorporated herein by reference. 1.00 Definitions 1.01 Adequate Evidence: Information sufficient to support the reasonable belief that a particular act or omission has occurred. 1.02 Affiliates: Persons are affiliates of each other if, directly or indirectly, either one controls or has the power to control the other, or, a third person controls or, has the power to control both. Indications of control include but are not limited to: interlocking management or ownership, identity of common interests among family members, shared facilities and equipment, common use of employees, or a business entity organized following the Suspension, Debarment or Voluntary Exclusion of a Person which has the same or similar management, ownership, or principal employees as the suspended, debarred, or voluntarily excluded Person. 1.03 Award: The acceptance by CDOT of a Bid. 1.04 Best Value: The Competitive Sealed Best Value (“CSBV”) Bid determined to provide the greatest benefit to the State of Colorado based upon the factors set forth in Section 24-92-103.5 (3), C.R.S. 1.05 Bid: The offer of a Contractor, on the prescribed Bid Proposal form, to perform the Work and to furnish the labor and materials in conformance with the Invitation for Bids at the prices quoted. 1.06 Bid Proposal: The approved form on which Bids are prepared and submitted to CDOT through the electronic or written sealed bidding process as set forth in the Invitation for Bid. 1.07 CDOT: The Colorado Department of Transportation. 1.08 Civil Judgment: The disposition of a civil action by any court of competent jurisdiction, whether entered by verdict, decision, settlement, stipulation, or otherwise creating a civil liability for the acts complained of in the civil action. 1.09 Contract: The written agreement between CDOT and the Contractor setting forth the obligations of the parties, including, but not limited to, the performance of the Work, the furnishing of labor and materials, and the basis of payment.

The “Contract” includes the Invitation for Bids, Bid, Bid Proposal, Contract forms and Contract Bonds, specifications, supplemental specifications, special provisions, and general and detailed plans; also included are any Contract modification orders and agreements that are required to complete the construction of the Work in an acceptable manner, including authorized extensions thereof, all of which constitute one instrument. 1.10 Contract Bonds: The approved forms of security, executed by the Contractor and its surety or sureties, guaranteeing complete execution of the Contract and all supplemental agreements pertaining thereto and the payment of all legal obligations pertaining to the completion of the project. 1.11 Contractor: Any individual, partnership, corporation, joint venture, company, firm, association, or any other legal entity contracting with, or intending to Contract with, CDOT for performance of prescribed Work. 1.12 Conviction: A judgment of conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, including a plea of nolo contendre. 1.13 Corrective Action Plan: A written plan of action submitted by a Contractor at the request of CDOT. 1.14 CSBV: Competitive Sealed Best Value construction projects funded exclusively with state funds. 1.15 Debarment: Action taken by CDOT pursuant to these rules prohibiting a Person from directly or indirectly performing any Work for, or otherwise in any manner participating in, a Public Project, which also includes termination of any Prequalification status of the Person. 1.16 Determination of Non-responsibility: A written determination by CDOT setting forth the reasons that the Low Apparent Bidder is not eligible to be Awarded the Contract on a particular project. 1.17 Disadvantaged Business Enterprise (“DBE”) Certification: Verification of a firm’s compliance with the requirements of and meeting the eligibility standards set forth in Part 26 of Title 49 of the Code of Federal Regulations. 1.18 Electronic Bid: A Bid transmitted electronically to CDOT that complies with the requirements set forth in the Invitation for Bids. 1.19 Electronic Signature: An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record that complies with the requirements set forth in the Invitation for Bids. 1.20 Indictment: Information or other filing by a competent authority charging a criminal offense. 1.21 Individual: A particular person. 1.22 Ineligible: Excluded from participation in Public Projects. 1.23 Invitation for Bid: All documents utilized for soliciting Bids for Work. Such documents will indicate with reasonable accuracy the quantity and location of the Work to be done or the character and quantity of the material to be furnished, the time and place of the opening of Bids and any Special Prequalification criteria for the Contractor to meet. 1.24 Legal Proceeding: Any criminal proceeding or any civil judicial proceeding including appeals from such proceedings. 1.25 Letter of Guarantee: A letter from a parent company that commits to the payment and performance obligations of the subsidiary. 1.26 Low Apparent Bidder: The Responsive and Responsible Bid which is either the mathematically lowest Bid or the Best Value Bid. 1.27 Low Tie Bids: Low Bids which are identical in total Bid amount. 1.28 Low Responsive Bidder: A Contractor who has Bid in compliance with the Invitation for Bids and within the requirements of the plans and specifications for a Public Project, who has furnished Contract Bonds or their equivalent as required by law, and who has submitted the low Bid. 1.29 Low Responsible Bidder: A Contractor who is determined to have the financial resources, judgment, skill, ability, capacity, and integrity to perform on a Public Project and who has submitted the low Bid. 1.30 Materially Unbalanced Bid: A mathematically unbalanced Bid that CDOT determines leaves reasonable doubt that Award will result in the lowest ultimate cost to CDOT, or that Award is in the public interest. 1.31 Mathematically Unbalanced Bid: A Bid containing unit Pay Items that do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder’s anticipated profit, overhead costs and other indirect costs. 1.32 Minor Informalities: Matters of form rather than substance that are evident from the face of the Bid, or insignificant mistakes that can be waived or corrected without prejudice to other Contractors where the effect on price, quantity, delivery, or contractual conditions is not significant. 1.33 Notice: A written communication sent by mail to the last known physical address of a Contractor or Person, or its identified counsel, or its agent for service of process, or any partner, officer, director, owner, or joint venture of the person. Notices sent by a mail service shall be considered to have been received by the addressee on the day acknowledged in the return receipt, or if no return receipt is required then five business days after being properly sent to the last known address. 1.34 Participant: Any Person, or that Person’s agent, who submits a Bid for, enters into, or reasonably may be expected to enter into, a Contract for a Public Project. 1.35 Pay Item: A specifically described unit of work for which a price is provided in the Contract; also referred to as a Contract item. 1.36 Performance Capability Statement: A written statement submitted by the Contractor setting forth information required by CDOT to make its determination of Award. 1.37 Person: Any Individual, partnership, corporation, joint venture, company, firm, association, Contractor or other legal entity. 1.38 Plan Holder: Any Contractor who has joined the electronic plan holders list for a particular Public Project. 1.39 Preponderance of the Evidence: Proof by information that compared with the opposing proof, leads to the conclusion that the fact at issue is more probably true than not. 1.40 Prequalification: The process of review by CDOT of a Contractor's fiscal and workmanship qualifications to perform Work on Public Projects through which CDOT determines whether the Contractor will be permitted to submit Bids or to perform certain types of Work as provided in these rules. 1.41 Progressive Corrective Action: Action imposed by CDOT for a Contractor’s failure to comply with Prequalification requirements or Contract requirements. Progressive corrective action may, but does not necessarily, precede Suspension or Debarment action against a Contractor. 1.42 Project Description: The words used in the Invitation for Bids to describe the Work to be performed. 1.43 Proposal Guarantee: The security furnished with a Bid, either in the form of a cashier's check, certified check or Bid bond, to guarantee that the Contractor will enter into a Contract with CDOT if their Bid is accepted. 1.44 Prospective Bidder: Any Contractor who is also prequalified and who has obtained a Bid proposal for a particular Public Project. 1.45 Public Project: The construction, alteration, repair, demolition or improvement of any road highway or bridge, and any maintenance project for the upkeep of such roads, highways, and bridges for which appropriation or expenditure of funds may be reasonably expected to exceed one hundred fifty thousand dollars in the aggregate for any fiscal year and where CDOT is the contracting agency. Where the context requires, a “Public Project” means any publicly funded construction project. 1.46 Respondent: A person against whom a Debarment or Suspension action has been initiated. 1.47 Revocation: A process through which CDOT terminates a Contractor’s Prequalification status and ability to submit Bids to CDOT on Public Projects. 1.48 Special Prequalification: The process of review by CDOT of a Contractor’s special fiscal or workmanship qualifications, beyond those typically considered in granting Prequalification pursuant to Chapter Two of these rules, as required under an Invitation for Bids to perform Work on a particular Public Project, through which CDOT determines whether the Contractor will be permitted to submit a Bid on the project set forth in the Invitation. 1.49 Subcontractor: Any Individual, partnership, corporation, joint venture, company, firm, association, or any other legal entity contracting with, or intending to contract with, the Contractor or another Subcontractor for performance of Work for a Public Project. 1.50 Suspension: The process through which CDOT immediately excludes a Respondent from participating in Public Projects, not already under Contract, and from submitting Bids on Public Projects for a temporary period of time prior to Debarment proceedings. 1.51 Unduly Burdensome: For purposes of these rules, is the grounds for a justifiable waiver from compliance with Section 8-17-101(1), C.R.S., which would establish proof that compliance would substantially prevent a project from proceeding to completion. Such a waiver may include but is not limited to consideration of geographical location, schedule of need, qualified labor resources, and in cases of natural disaster or emergency, the health, safety and welfare of the population. 1.52 Voluntary Exclusion: A status of nonparticipation in the performance of Public Projects assumed by a person pursuant to the terms of a settlement with CDOT. 1.53 Work: The furnishing of all labor, material, equipment, and other incidentals necessary or convenient to the successful completion of a Public Project according to all duties and obligations imposed by the Contract except that material which is not delivered on the Public Project site is expressly excluded from this definition.

CHAPTER 2 PREQUALIFICATION 2.01 Prequalification Application 2.01.1 A Contractor who wishes to submit a Bid for a Public Project is required to file a Prequalification application with the CDOT Contracts and Market Analysis Branch Manager or designee. Any new application or renewal application may be submitted not less than seventeen calendar days prior to the opening of any Bid for projects on which the Contractor desires to submit a Bid, unless the Branch Manager or designee grants an exception in writing based on a showing of reasonable cause. A letter from the Department approving or denying an applicant’s Prequalification shall be sufficient written evidence of the Department granting an exception to the requirement that an application be submitted seventeen calendar days prior to a bid opening. 2.01.2 A joint venture may apply for Prequalification in the name of the joint venture or each member may apply for Prequalification separately and then request application for Prequalification as a joint venture if all members are successful in previously becoming prequalified. A joint venture will be considered prequalified to the highest financial level of Prequalification of any of the individual parties to the venture. Affiliates are prohibited from submitting Bids for the same Public Project. 2.01.3 Any application for Special Prequalification required under an Invitation for Bids shall be submitted and will be considered in accordance with the terms, conditions, procedures and time frame specified in the Invitation for Bids. 2.01.4 CDOT may charge a reasonable fee, not to exceed the cost of processing Prequalification applications, to any Contractor requesting Prequalification. 2.02 Application Requirements 2.02.1 The application, along with a copy of these rules, may be obtained from the CDOT Contracts and Market Analysis Branch, Colorado Department of Transportation, at 2829 W. Howard Pl., Denver, CO 80204. The application may be supplemented by the Contractor as necessary to ensure CDOT is given all information necessary to reach a determination as to the fiscal qualification and general type of Work for which the Contractor is qualified to submit Bids. Applicants for Prequalification shall supply the following minimum information in either the Prequalification application or supplements:

(a) The name, address, phone number, and type of organization (Individual, partnership, corporation, joint venture, LLC, etc.) of the Contractor seeking Prequalification.

(b) The Contract size in dollars and the general type of Work for which the Contractor seeks Prequalification (such as general highway construction, earthwork, structures, paving, specialty-signing, fencing, guardrail, etc.).

(c) Experience of the Contractor in past highway construction Work including the number of years experience in each type of Work.

(d) Any indictment or conviction of bid or contract-related violations within the last six years, by the federal government, CDOT, any state agency or unit of local government within Colorado, or of another state, together with an explanation of the indictment or conviction.

(e) Information on any contract that the Contractor, its officers, or partners have failed to complete while working for another company or managing a contract under their own names.

(f) The principal officers and supervisors of the Contractor and their type and length of experience.

(g) Ownership of the Contractor including any Affiliates and subsidiaries.

(h) List of equipment owned by the Contractor.

(i) A financial statement prepared in compliance with generally accepted accounting practices and standards that includes a complete report of the Contractor’s financial resources and liabilities. Financial information will be considered proprietary, and confidentiality will be maintained by CDOT, as provided in the open records law, Section 24-72-201 et seq., C.R.S.:

(1) Levels of prequalification are defined below: $0 to $3,000,000 $3,000,000 to $5,000,000 $5,000,000 to $20,000,000 > $20,000,000 (2) For those Contractors intending to submit Bids less than $3,000,000, the statement does not need to be audited or reviewed by a CPA.

(3) For those Contractors intending to submit Bids between $3,000,000 and $5,000,000, the statement shall be reviewed by a licensed CPA in accordance with review standards published by the American Institute of Certified Public Accountants.

(4) For those Contractors intending to submit Bids exceeding $5,000,000, the statement shall be audited by a licensed certified public accountant (CPA) in accordance with audit standards published by the American Institute of Certified Public Accountants, and accompanied by an affidavit of the CPA.

(j) This application shall include a recently signed and dated letter from the bonding agent or bonding company indicating the single project performance bond capacity for the Contractor.

(k) When a Contractor is a subsidiary of another firm, and the financial statement of the parent firm is used for Prequalification, a Letter of Guarantee must accompany the application.

(l) A statement as to whether the Contractor or any company officer or Affiliate or officer thereof, has been indicted or convicted of Bid related crimes or violations within the past six years in any jurisdiction, and the current status of any such company or officer.

(m) A statement as to whether: 1) the Contractor, 2) any director, officer, partner, joint venturer, stockholder of five percent or more of the Contractor, or 3) any Affiliate of the Contractor, is in any jurisdiction under notice of intent to debar or has been debarred or is affiliated with another person who is under notice of intent to debar or has been debarred, and the current status of any such Debarment.

(n) A list of persons authorized to contractually bind the firm.

(o) A W-9 Form containing an exact name and address of the entity requesting Prequalification. 2.03 Prequalification Procedure 2.03.1 The following procedure shall govern approval and disapproval of Prequalification, other than instances where the Contractor is subject to Debarment, which shall be processed in accordance with the provisions of Chapter Three of the rules.

(a) The Contractor shall submit the application and supporting information to CDOT Contracts and Market Analysis Branch. Until all inquiries of the CDOT Contracts and Market Analysis Branch Manager or designee, relative to the application have been answered, the Prequalification application will not be considered complete.

(b) The CDOT Contracts and Market Analysis Branch Manager or designee will give approval or disapproval within seventeen calendar days of receipt of the completed Prequalification application. Prequalification disapproval will be delivered by electronic mail. In the event of a Prequalification disapproval, the CDOT Contracts and Market Analysis Branch Manager or designee shall give a written statement of reasons and identify to the Contractor the right of appeal to the CDOT Chief Engineer.

(c) The Contractor may appeal a Prequalification disapproval to the CDOT Chief Engineer.

Any such appeal by the Contractor must be written and must be received by the Chief Engineer within sixty calendar days of the date the Contractor received the Prequalification disapproval. If no appeal is received as provided herein, the Prequalification disapproval will become final.

(d) A hearing shall be commenced within sixty calendar days of receipt of an appeal in accordance with the State Administrative Procedure Act (APA), Section 24-4-105, C.R.S.

At the hearing the Contractor shall present any information it feels warrants Prequalification subject to any evidentiary ruling made concerning relevancy and admissibility. A Contractor must establish its Prequalification by a Preponderance of the 2.04 Criteria for Granting and Determining Prequalification 2.04.1 CDOT may prequalify a Contractor to Bid on a particular Public Project or on an annual basis to Bid on Public Projects of a particular size, or kind, or both, based on an evaluation of the following criteria:

(a) Whether the Contractor owns equipment available to accomplish the type of Work on which it intends to Bid;

(b) Whether the Contractor has trained personnel available to perform the type of Work on which it intends to Bid;

(c) Whether the Contractor has an organization and technical staff with the size, training, experience and capability to accomplish the type of Work on which it intends to Bid;

(d) Whether the Contractor has the financial capability to perform the type and size of Work on which it intends to Bid. A Contractor's financial statements demonstrating ratios in the following ranges will be presumptively considered adequate;

(1) Total Current Assets to Total Current Liabilities of greater than 1.0;

(2) Cash and Accounts Receivable to Total Current Liabilities of greater than 1.0;

(3) Net Fixed Assets to Net Worth of less than 2.3; and (4) Total Liabilities to Net Worth of less than 4.0.

If a Contractor does not meet these ratios, the CDOT Contracts and Market Analysis Branch Manager or designee may consider other factors concerning the financial capability of the Contractor, including but not limited to irrevocable lines of credit, and parent company guarantees; officer loans to the Contractor, or recently signed and dated letter from a bond company in which the Contractor’s single project Bid capacity is stated.

Such letter from a bonding company cannot be more than two months old upon receipt by CDOT.

(e) Whether the Contractor has demonstrated experience in the type of Work on which it intends to Bid;

(f) Whether the Contractor has demonstrated performance on past CDOT contracts including, but not limited to, compliance with all contract terms and specifications, satisfactory quality of workmanship, and consistent on-time performance.

(g) Whether the Contractor is in any jurisdiction under notice of debarment, or debarred, or subject to Debarment under Chapter Three of the rules;

(h) Whether the Contractor has made false or deceptive statements in the application for Prequalification or any other information submitted to CDOT that includes but is not limited to claims or contractual requirements; and (i) Whether the Contractor meets any of the criteria for Revocation of Prequalification under

Section 2.07;

(j) Prospective Contractors or Subcontractors may be required to be Prequalified to perform certain types of construction. Such Prequalification will be determined by a panel of subject matter experts and must be renewed yearly;

(k) In the case of a Special Prequalification for a particular project, any additional criteria which CDOT Contracts and Market Analysis Branch Manager, or their delegee, deems necessary considering the particular project. 2.05 Effect of Prequalification 2.05.1 Prequalification constitutes the ability of a Contractor’s eligibility to submit Bids to the level of Prequalification approved pursuant to rule 2.02(i). The responsibility of a Low Apparent Bidder on a specific project will be independently evaluated prior to Award in accordance with Section 4.16 of the rules. 2.06 Continuing Prequalification Requirements 2.06.1 A Contractor intending to submit Bids shall, in accordance with Sections 2.01 through 2.04, prequalify at least once a year or as requested by CDOT Contracts and Market Analysis Branch Manager or delegee. Prequalification status may also be reviewed by CDOT at any time, when requested by the Contractor or at CDOT’s discretion. 2.06.2 Contractors must notify CDOT immediately of any significant decrease in their fiscal or workmanship qualifications, or of any action taken in any jurisdiction against the Contractor or an Affiliate of the Contractor precluding its ability to Bid on, perform Work for, or otherwise in any manner participate in projects. 2.07 Summary Reduction, Suspension, and Revocation of Prequalification 2.07.1 In addition to termination of Prequalification as part of any Suspension or Debarment action under

Chapter Three of the rules, CDOT may reduce, summarily suspend, or revoke Prequalification pursuant to this chapter if the CDOT Contracts and Market Analysis Branch Manager determines that:

(a) The Contractor or Affiliate of the Contractor is declared in default on any contract;

(b) The Contractor or Affiliate of the Contractor has made false or deceptive statements on its application for Prequalification, in any documents connected with a Bid including its Performance Capability Statement, in any other information submitted to CDOT, or in the course of any hearing associated with Prequalification;

(c) The Contractor has failed to report any significant decreases in capabilities or limitations on Bidding or performing Work in accordance with Section 2.06.2;

(d) The Contractor or an Affiliate of the Contractor commits any action or inaction which evidences a lack of integrity in business-related matters; or (e) The Contractor no longer meets the criteria contained in Section 2.04 (f) Reduction, Suspension, and/or Revocation of Prequalification shall in no way affect the obligation of a Respondent to CDOT to complete Work already under contract. CDOT reserves the right to declare a Respondent in default on any existing contracts for cause as provided in the contract. 2.08 Summary Reduction of Prequalification Levels and Reinstatement 2.08.1 The following procedures shall govern any reduction and reinstatement of Prequalification levels. 2.08.2 Reduction of Prequalification Level may occur if:

(a) If there is cause for Progressive Corrective Action as determined by the Contracts and Market Analysis Branch Manager;

(b) If a Contractor is found non-responsible;

(c) If a Contractor is found non-responsive;

(d) If the Contractor has demonstrated unsatisfactory performance on past or current CDOT contracts including, but not limited to, compliance with all contract terms and specifications, satisfactory quality of workmanship, and consistent on-time performance; 2.08.3 Reduction of Prequalification Level:

(a) A Contractor’s Prequalification can be summarily reduced one level as defined in Section 2.02.1(i) up to one year as determined by CDOT.

(b) Additional reductions of one level in Prequalification level can follow the first reduction if the Contractor has additional occurrences of events under Section 2.08.2 within two years from the initial infraction, as determined by CDOT.

(c) Suspension and Debarment proceedings may be pursued by CDOT, per Chapter Three of these rules, if the Contractor fails to remedy any reason for Prequalification reduction as determined by the Contracts and Market Analysis Branch Manager.

(d) Anyone may contact CDOT concerning the existence of a cause for Prequalification reduction. If the CDOT Contracts and Market Analysis Branch Manager becomes aware of information warranting Prequalification level reduction, as set forth in Section 2.08.3(a), reduction in Prequalification level may be initiated by sending a Notice of intent to lower a Contractors Prequalification level. A Notice of intent to reduce Prequalification level shall be sent to the Respondent by certified mail, return receipt requested. The Notice shall include a written statement of reasons for and the effect of the Prequalification level reduction and inform the Respondent of the right of appeal to the CDOT Chief Engineer.

Any such appeal must be in writing and must be received by the CDOT Chief Engineer within sixty calendar days of the date the Notice was sent to the Contractor by certified mail, return receipt. If no appeal is received as provided herein, the Respondent shall have its Prequalification level reduced in accordance with the Notice.

(e) When an appeal is received a hearing shall be commenced within sixty calendar days.

The hearing shall be conducted and the decision issued in accordance with the State Administrative Procedure Act (APA), Section 24-4-105, C.R.S. At the hearing the Contractor shall present information in support of its position subject to any evidentiary rulings made concerning relevancy and admissibility. At the hearing the cause for reduction of Prequalification must be established by CDOT by a Preponderance of the 2.08.4 Reinstatement of Prequalification Level A Contractor may apply for reinstatement once every quarter providing that it meets the Prequalification criteria and has removed the cause for Prequalification level reduction(s) as determined by the Contracts and Market Analysis Branch Manager. 2.09 Summary Suspension and Revocation Procedures 2.09.1 The following procedures shall govern any summary Suspension or Revocation of Prequalification, other than termination of Prequalification as part of any Debarment action that shall be processed in accordance with the provisions of Chapter Three of the rules:

(a) Anyone may contact CDOT concerning information warranting Revocation of Prequalification of a Contractor as set forth in the criteria of Sections 2.04 and 2.08. If the CDOT Contracts and Market Analysis Branch Manager become aware of information warranting Revocation of Prequalification of a Contractor; Revocation of Prequalification may be initiated by sending a Notice of intent to revoke Prequalification or of summary Suspension of Prequalification or of both. Notice shall be sent to the Contractor by certified mail return receipt requested. The Notice shall include a written statement of reasons for Revocation of Prequalification and advise the Contractor of the right of appeal to the CDOT Chief Engineer.

(b) If the CDOT Contracts and Market Analysis Branch Manager has reasonable grounds to believe that the public health, welfare, or safety imperatively requires summary Suspension of Prequalification, the CDOT Contracts and Market Analysis Branch Manager may summarily suspend a Contractor’s Prequalification in writing for a temporary period of time prior to completion of the procedures in subsections (c) and (d) of this section.

(c) The Contractor may appeal a Notice of intent to summarily suspend Prequalification or revoke Prequalification. Any such appeal by the Contractor must be written and must be received by the CDOT Chief Engineer within sixty calendar days of the date the Contractor received the Notice. If no appeal is received as provided herein, the Contractor’s Prequalification shall be revoked in accordance with the Notice.

(d) When a timely appeal is received, a hearing shall be commenced within sixty calendar days. The hearing shall be conducted and the decision issued in accordance with the State Administrative Procedure Act (APA), Section 24-4-105, C.R.S. At the hearing the Contractor shall present information in support of its position subject to any evidentiary rulings made concerning relevancy and admissibility. At the hearing the cause for Revocation of Prequalification must be established by CDOT by a Preponderance of the 2.10 Length of Disapproval or Revocation of Prequalification and Reinstatement 2.10.1 In the event of disapproval of Prequalification or Revocation of Prequalification, the disapproval or Revocation will remain in place until the Contractor submits new information which is determined by the CDOT Contracts and Market Analysis Branch Manager, or their delegee, to satisfactorily dispose of the grounds for disapproval or Revocation. 2.10.2 Any termination of Prequalification as part of any Debarment action under Chapter Three of the rules shall remain in effect for the duration of the term of Debarment and until such time as the Contractor reapplies for Prequalification in accordance with the provisions of this chapter.

CHAPTER 3 CORRECTIVE ACTION, SUSPENSION AND DEBARMENT 3.01 Causes for Progressive Corrective Action 3.01.1 Progressive Corrective Action may be imposed by CDOT when:

(a) The Contractor or Affiliate of the Contractor is declared in default on any contract;

(b) The Contractor or Affiliate of the Contractor has made false or deceptive statements on its application for Prequalification, in any documents connected with a Bid including its Performance Capability Statement, in any other information submitted to CDOT, or in the course of any hearing associated with Prequalification, or in the performance of any Public Projects;

(c) The Contractor has failed to report any significant decreases in capabilities in Bidding or performing Work;

(d) The Contractor or an Affiliate of the Contractor commits any action or inaction which evidences a lack of integrity in contract-related matters;

(e) The Contractor no longer meets the Prequalification criteria; or (f) The Contractor has failed to demonstrate satisfactory performance on past public contracts including, but not limited to, compliance with all contract terms and specifications, satisfactory quality of workmanship, and consistent on-time performance. 3.02 Causes for Suspension When the CDOT Contracts and Market Analysis Branch Manager has reasonable grounds to believe that the public health, safety, and welfare imperatively requires such action, the CDOT Contracts and Market Analysis Branch Manager may immediately suspend a Respondent prior to Debarment proceedings from performing Work, or otherwise participating in Public Projects not already under contract and from submitting Bids on Public Projects upon Adequate Evidence that a cause for Debarment under Section 3.03 may exist. Indictment shall constitute Adequate Evidence for purposes of Suspension actions. 3.03 Causes for Debarment Debarment may be imposed by CDOT for: 3.03.1 Conviction of or Civil Judgment for:

(a) Fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Public Project;

(b) Bribery, embezzlement, false claims, false statements, falsification or destruction of records, forgery, obstruction of justice, receiving stolen property, or theft;

(c) Unlawful price fixing between competitors, allocation of customers between competitors, Bid rigging or any other violation of federal or state antitrust laws that relates to the submission of Bid; or (d) Commission of any other offense indicating a lack of business integrity or honesty. 3.03.2 A serious violation of the terms of a contract on a Public Project, such as:

(a) A willful or material failure to perform in accordance with the terms of a contract on a Public Project;

(b) A history of substantial noncompliance with the terms of contracts on Public Projects; or (c) A willful and material violation of a statutory or regulatory provision or requirement applicable to a contract on a Public Project. 3.03.3 Any of the following causes:

(a) Debarment or equivalent exclusionary action by any public agency for causes substantially the same as provided for in this Section 3.03;

(b) Knowingly employing or doing business with a debarred, suspended or otherwise Ineligible Person, in connection with a Public Project;

(c) Conduct indicating a lack of business integrity or honesty in Bidding or performing Public Projects;

(d) Submission of false or deceptive information or statements in connection with Prequalification, Bidding or performance of a Public Project;

(e) Failure to pay a substantial debt (including disallowed costs and overpayments) owed to any federal or state agency or instrumentality, but not including amounts owed under the Internal Revenue Code, provided the debt is uncontested by the debtor or, if contested, that the debtor’s legal and administrative remedies have been exhausted;

(f) Violation of a material provision of a Voluntary Exclusion or of any settlement of a Debarment or Suspension action; or (g) Any other cause so serious in nature that the CDOT Contracts and Market Analysis Branch Manager has reasonable grounds to believe that the public health, welfare, or safety imperatively requires Debarment. 3.04 Procedures for Suspension and Debarment 3.04.1 Anyone may contact CDOT concerning the existence of a cause for Debarment. If the CDOT Contracts and Market Analysis Branch Manager becomes aware of information warranting Debarment, as set forth in Section 3.03, Suspension or Debarment or both may be initiated by sending a Notice of intent to suspend or debar. A Notice of intent to suspend or debar, or both, shall be sent to the Respondent by certified mail, return receipt requested. The Notice shall include a written statement of reasons for and the effect of the Suspension or proposed Debarment and inform the Respondent of the right of appeal to the CDOT Chief Engineer. 3.04.2 The Respondent may appeal the Notice of intent to suspend or debar, or both. Any such appeal must be written and must be received by the CDOT Chief Engineer within sixty calendar days of the date the Respondent received the Notice. If no appeal is received as provided herein, the Respondent shall be suspended and/or debarred in accordance with the Notice. 3.04.3 A hearing shall be commenced within sixty calendar days of receipt of an appeal. The hearing shall be conducted and the decision issued in accordance with the State Administrative Procedure Act (APA) Section 24-4-105, C.R.S. At the hearing the Respondent shall present any information it feels is sufficient to prevent Debarment, subject to any evidentiary rulings made concerning relevancy and admissibility. At the hearing, the cause for Debarment must be established by CDOT by a Preponderance of the Evidence. When the proposed Debarment is based upon a Conviction or Civil Judgment, the standard of Preponderance of the Evidence shall be deemed to have been met. 3.05 Settlement and Voluntary Exclusion 3.05.1 A Respondent and the CDOT Chief Engineer may enter into a settlement of a Debarment action.

Respondents who accept Voluntary Exclusions are ineligible to participate in Public Projects in accordance with the terms of their settlements. 3.06 Length of Suspension Voluntary Exclusions shall be for a temporary period pending the completion of investigation and any ensuing Debarment or other Legal Proceeding. 3.07 Length of Debarment 3.07.1 Debarment may be for a term of up to three years. Credit may be given for any periods of Suspension. The following criteria may be considered in making any decision as to length of debarment:

(a) Degree of culpability;

(b) Seriousness of the offense or conduct;

(c) Restitution of damages to CDOT;

(d) Cooperation in the investigation of other Bid or performance violations;

(e) Disassociation with those involved in Bid or performance violations;

(f) Whether a lengthy Debarment is required for the protection of CDOT. 3.07.2 If the Respondent submits no appeal, the Debarment shall automatically be for three years. 3.08 Scope of Debarment and Suspension 3.08.1 Suspension or Debarment of a Person constitutes Suspension or Debarment of all their divisions and other organizational elements from Work on all Public Projects unless the Suspension or Debarment decision is limited by its terms to one or more specifically identified Individuals, organizational elements, or to specific types of Public Projects. The Suspension or Debarment may include any Affiliate of the Participant that is (1) specifically named, and (2) given Notice of the proposed Debarment and an opportunity to respond. 3.08.2 For purposes of determining the scope of Suspension or Debarment, conduct may be imputed as follows:

(a) Conduct imputed to a Participant.

The fraudulent, criminal, or other seriously improper conduct of any officer, director, shareholder, partner, employee, or other Individual associated with a Participant may be imputed to the Participant when the conduct occurred in connection with the Individual's performance of duties for or on behalf of the Participant, or with the Participant's knowledge, approval, or acquiescence. The Participant’s acceptance of the benefits derived from the conduct shall be presumptive evidence of such knowledge, approval, or acquiescence.

(b) Conduct imputed to Individuals associated with the Participant.

The fraudulent, criminal, or other seriously improper conduct of a Participant maybe imputed to any officer, director, shareholder, partner, employee, or other Individual associated with the Participant who participated in, knew of, or had reason to know of the Participant's conduct.

(c) Conduct of one Participant imputed to other Participants in a joint venture.

The fraudulent, criminal, or other seriously improper conduct of one Participant in a joint venture or similar arrangement may be imputed to other Participants if the conduct occurred for or on behalf of the joint venture or similar arrangement or with the knowledge, approval, or acquiescence of the Participants. Acceptance of the benefits derived from the conduct shall be presumptive evidence of such knowledge, approval or acquiescence.

CHAPTER 4 COMPETITIVE SEALED BIDDING 4.01 Invitation for Bids 4.01.1 An Invitation for Bids shall be issued for each Public Project. Public advertisement of the Invitation for Bids shall be given at least fourteen calendar days prior to the date set for the opening of Bids. The advertisement and approved plans and specifications for federally funded projects shall be available to Bidders a minimum of three weeks prior to opening of Bids except that shorter periods may be approved by the FHWA administrator, or their delegate, in special cases when justified. Invitations for Bids for projects which are both exclusively state-funded and advertised as a CSBV Bid shall be advertised for a period of no less than five weeks. 4.01.2 Public advertisement of the Invitation for Bids may include but not limited to state internet or webbased services. Such advertisement shall include, as a minimum, the following information:

(a) Project number.

(b) Project Description.

(c) Project location.

(d) Time, date, place and manner of Bid opening.

(e) Time in which Work must be completed.

(f) Approximate quantities of principal items.

(g) Time and place where plans and specifications may be procured.

(h) Place where Bids will be received.

(i) Method by which Bids may be submitted.

(j) Other information considered by CDOT to be significant with respect to such public advertisement. 4.02 Revisions to Invitation for Bids 4.02.1 When a revision to the Invitation for Bids or to the plans or specifications is made after the date such Invitation for Bids and plans and specifications are made available to the public, CDOT shall post a revision letter on the CDOT Business Center web portal at https://www.codot.gov/business/bidding in sufficient time to be accessed, at least one day prior to the date set for Bid opening. 4.02.2 In the event there is not sufficient time to notify Prospective Bidders of such revision, one of the following procedures shall be followed:

(a) The Invitation for Bids shall be canceled and reissued at a later date; or (b) The date for opening of Bids shall be deferred so that the revision may be made and the new date of opening shall be available to the public. 4.03 Cancellation of Invitation for Bids 4.03.1 An Invitation for Bids may be canceled or deferred when it is in the best interests of CDOT. The reasons for any cancellation, deferment or rejection shall be made part of the Contract file. When an Invitation for Bids is canceled or deferred, provided there is sufficient time, the cancellation or deferment shall be published on the CDOT website at https://www.codot.gov/business/bidding at least seven calendar days prior to Bid opening and an electronic update of such cancellation or deferment shall be provided to each Plan Holder, in sufficient time to be received at least one day prior to the original date set for Bid opening. When there is not sufficient time available to provide the aforementioned published update and electronic update, an attempt shall be made to notify each Prospective Bidder by phone of the cancellation or deferment. 4.03.2 If for any reason CDOT is unable to receive Electronic Bids via the Bid submitting software within a two hour time frame prior to the scheduled opening, all Bids will be deferred to a later opening.

CDOT shall confirm that the Bid submitting software was inoperable. 4.03.3 CDOT shall not be held liable if the cancellation or deferment is not received by any Plan Holder prior to the original date set for Bid opening. 4.04 Bid Proposal For each Public Project CDOT shall prepare complete plans and specifications describing, in detail, the Work to be done, and listing the estimated quantities of Work to be used as the basis for competitive sealed Bidding. Each prequalified Contractor requesting a Bid Proposal shall be given a Bid Proposal, including a schedule of the estimated quantities of Work to be done with space for insertion of unit prices and extensions. CDOT shall maintain a record of each Plan Holder together with its electronic and physical address. 4.05 Preparation of Bid 4.05.1 The Contractor shall submit its Bid according to the provisions of the Invitation for Bids and the Bid Proposal. It shall specify a unit price in dollars and cents in figures for each Pay Item for which a quantity is given. It shall also show the mathematical products of the respective unit prices and the estimated quantities in the column provided for that purpose, together with the total amount of the Bid obtained by adding such mathematical products. When the Bid contains an alternative Pay Item, which has been authorized by CDOT, the choice of that item by the Contractor shall be indicated in accordance with the specifications for that particular item. No further choices will be permitted. 4.05.2 The Contractor shall also submit the affidavit relative to collusion and the Bid Proposal Guarantee within the Bid Proposal. The Contractor’s Bid and affidavit relative to collusion must be signed in ink or by Electronic Signature by an Individual with legal authority to bind the Contractor. Such an Individual includes the owner of a sole proprietorship, one or more partner members of a partnership, one or more authorized members or officers of each firm representing a joint venture, the president or the vice-president of a corporation, or an authorized agent of the Contractor.

Anyone signing as agent for a Contractor must file with CDOT written evidence of such authority. 4.05.3 In addition to the requirements set forth in Rule 4.05.2 above, for Competitive Bid Best Value Projects, the Contractor shall also submit a completed Colorado Bidder Preference Form. Should a Contractor seek a waiver from Section 8-17-101(1), C.R.S., this Form must include evidence of insufficient Colorado labor to perform the work, and that compliance would be Unduly Burdensome. 4.05.4 If the basis of the Award of responsive proposals is Best-Value, then each Bid shall be submitted by the Contractor in two separate components: a sealed technical Bid and a sealed price Bid. 4.05.5 Contractors are prohibited from submitting a cost-plus-a-percentage-of-cost Bid Proposal as CDOT may not award a cost-plus-a-percentage-of-cost Contracts. 4.06 Delivery of Bids 4.06.1 All Bids shall be submitted in the electronic or written manner specified in the Invitation for Bids and prior to the time specified therein.

(a) Written Bids. Each Bid shall be submitted separately in a sealed envelope to CDOT by the method indicated in the Invitation for Bids. Bids submitted in a manner that results in CDOT receiving an incomplete Bid, a Bid without original signature(s), or a Bid not in the approved form, including submission by telephone, will not be accepted or considered but will be rejected.

(b) Electronic Bids. Contractors submitting Electronic Bids are not required to deliver a sealed written Bid to CDOT. Electronic Bids submitted after the time for opening of Bids will not be accepted. CDOT will not be responsible for failures in submission of Electronic Bids for any reason. 4.07 Withdrawal of Bids Prior to Bid Opening 4.07.1 Written Bids Prior to Bid opening, a Contractor may withdraw or revise a Bid after it has been deposited with CDOT. Withdrawal of Bids may be made either in writing or in person; however, any Bid withdrawn for the purpose of revision must be redeposited before the time set forth for opening of Bids in the Invitation for Bids. A Bid may not be withdrawn after the commencement of opening of Bids for the project, except as provided in Section 4.14.

When a Bid is withdrawn, the Individual requesting to withdraw the Bid shall provide proper identification. The withdrawal and the identity of the Person withdrawing the Bid shall be documented in writing by CDOT. Withdrawn Bids will not be opened. 4.07.2 Electronic Bids Prior to Bid opening, a Contractor may withdraw or revise an Electronic Bid after it has been submitted to CDOT. Withdrawal of Electronic Bids may be made through the Bid submitting software; however, any Bid withdrawn for the purpose of revision must be re-submitted before the time set forth for opening of Bids in the Invitation for Bids. A Bid may not be withdrawn after the commencement of opening of Bids for the project, except as provided in Section 4.14, or if options available within the Electronic Bid software are elected to be exercised by the Bidder. 4.08 Receiving Bids Bids will be received only from Contractors that are prequalified at the time of Bid opening in accordance with the provisions of Chapter Two of the rules, and not currently debarred or suspended under Chapter Three of the rules. 4.09 Recording of Bids (a) Electronic Bids. Electronic Bid software will record Electronic Bids with an electronic time stamp when submitted for each project. 4.10 Opening of Bids Bids shall be opened at the date, time, place and in the manner specified in the Invitation for Bids. Such opening shall be performed by an authorized employee of CDOT in the presence of at least one witness.

Bids submitted in writing will be read first. Contractors, their authorized agents, and other interested parties are invited to be present.

(a) Bids to be Awarded on the Low Apparent Bidder standard shall be read publicly unless all Bids are to be rejected including as provided in Section 43-1-113(16), C.R.S.

(b) Bids to be Awarded on the CSBV standard shall have the technical Bid opened, evaluated and scored first based on the quality criteria contained in the Invitation for Bid.

During this evaluation process, the price Bid shall remain sealed and all technical proposals shall remain confidential. After the evaluation of the technical Bid, an authorized agent of CDOT shall open and review the associated sealed price Bid in the presence of at least one witness. 4.11 Rejection of Individual Bids 4.11.1 An individual Bid shall be rejected and shall not be read if the Bid is not accompanied by an affidavit relative to collusion as provided in Section 4.05.2 and a Bid Proposal Guarantee of the character and in an amount not less than the amount indicated in the Invitation for Bids. Individual Bids may also be rejected for any of the following reasons:

(a) If the Bid is on a form other than that prescribed by CDOT, if the form is altered or any

part thereof is detached, or if the form does not contain written or Electronic Signatures;

(b) If the Contractor submitting the Bid is affiliated with another Contractor that has submitted a Bid on the same Public Project; 4.11.2 CDOT reserves the right to reject any or all Bids, to waive technicalities or to advertise for new Bids, if such action is judged to be in the best interests of CDOT. 4.12 Consideration of Bids 4.12.1 After the Bids are opened, the Bids will be reviewed to determine if the Low Apparent Bidder’s total Bid is no more than 10% over the Department’s project budget. All Bids will be compared on the basis of the summation of the mathematical products of the estimated quantities shown in the Bid schedule and the unit Bid prices and any adjustments indicated by the specifications or, pursuant to Section 4.13 in the case of exclusively state funded projects that are advertised as CSBV projects. The results of such comparisons will be made available to the public no later than the date of Award of the contract.

(a) In the event of a discrepancy between unit Bid price and the mathematical products of the unit Bid price and the estimated quantities in the Bid schedule, the unit Bid price shall govern.

(b) In the event of Low Tie Bids, a drawing shall be conducted to determine the Low Apparent Bidder. The result for the drawing shall be certified on the Bid tabulation.

(c) In the event the Low Apparent Bidder is more than 10% over the Department’s project budget, the Bid amount shall not be published on the date of the Bid opening. The Low Apparent Bidder shall be disclosed on CDOT’s website at https://www.codot.gov/business/bidding, but the bid shall only be disclosed upon verification by the Department that funds are available to award the project. 4.13 CSBV Bid Evaluation Factors 4.13.1 CSBV Bid projects shall be Awarded to the Contractor whose offer is technically acceptable to CDOT and offers the CSBV to the State as determined by the total overall score from the evaluation criteria specified below:

(a) CDOT shall use a technical rating scale as follows:

Technical Rating Scale Numeric Rating Adjective Description 1 Unacceptable Fails to meet minimum requirements; major deficiencies which are not correctable. 2 Poor Fails to meet requirements, significant deficiencies that may be correctable. 3 Acceptable Meets requirements; only minor deficiencies which can be clarified. 4 Good Meets requirements and exceeds some requirements; no deficiencies. 5 Excellent Exceeds most, if not all requirements; no deficiencies.

For example, if a factor has a point evaluation of 0 to 20 points, and (using the appropriate Rating Scale in Section 4.13.1 CDOT evaluates as "good" the part of the Bid Proposal applicable to the factor, the score for the factor is 16 (4/5 of 20).

(b) CDOT shall analyze CSBV Bids based on staffing, management, quality management, design, price criteria and other factors detailed in the Invitation to Bid and shall calculate a total score from a technical rating of these factors.

(c) The price evaluation shall be objective. The Contractor with the lowest price shall receive the maximum price points. All other Bid Proposals shall receive a proportionately lower total score.

(d) The following formula shall be used to determine each Contractor’s evaluated score:

Total Score Scale for CSBV Design To be specified in the bid advertisement Staffing/Management/Quality Management To be specified in the bid advertisement.

Price To be specified in the bid advertisement.

Evaluated Price Score 100 (e) The Contractor with the highest total score shall be notified they are the Low Apparent Bidder within a reasonably prompt time of the Bid opening. 4.14 Mistakes in Bids 4.14.1 Mistakes Discovered Before Opening A Contractor may correct any mistakes discovered before Bid opening by withdrawing and correcting the Bid as provided in Section 4.07. 4.14.2 Mistakes Discovered After Opening and Before Award (a) When it appears to CDOT from a review of the Bid that a mistake has been made, the Contractor will be requested to confirm the Bid. Situations in which confirmation will be requested include obvious, apparent errors on the face of the Bid or a Bid unreasonably lower than the other Bids submitted. If the Contractor alleges mistake, the Bid may be corrected or withdrawn if conditions set forth in this subsection are met.

(b) If the mistake is attributable to an error in judgment, then the Bid may not be corrected or withdrawn.

(c) If the mistake is inadvertently made and not attributable to an error in judgment, then Bid correction or withdrawal may be permitted at the discretion of CDOT subject to the conditions provided in this subsection, but only to the extent it is not contrary to the interest of CDOT, or to the treatment of others, or to the integrity of the competitive Bidding process.

(d) A Contractor may correct inadvertent mistakes discovered after Bid opening but before Award, or may withdraw a Bid after Bid opening but before Award, only as provided in the following three situations:

(1) Minor Informalities. CDOT may waive Minor Informalities or require the Contractor to correct them depending on which is in the best interest of CDOT.

Minor Informalities in the written or Electronic Bid include, but are not limited to, the failure of the Contractor to:

(a) Sign all forms included in the Bid Proposal, except the affidavit relative to collusion, signature of which may not be waived.

(b) Acknowledge receipt of a revision to the Invitation for Bids, but only if:

1. It is clear from the Bid that the Contractor received the revision and intended to be bound by its terms: or 2. The revision involved had a negligible effect on price, quantity, quality, or delivery.

(2) Mistakes Where Intended Correct Bid is Evident If the mistake and the intended correct Bid are clearly evident on the face of the Bid, the submitted Bid shall be corrected to the intended correct Bid and may not be withdrawn so long as the Bid both corrected and intended is the lowest received. Examples of mistakes that are evident on the face of the Bid are typographical errors, errors in extending unit prices, transposition errors and arithmetical errors.

(3) Mistakes Where Intended Correct Bid Is Not Evident A Low Apparent Bidder may be permitted to withdraw a Bid if:

(a) A mistake is clearly evident on the face of the Bid, and the intended correct Bid is not similarly evident: or (b) The Contractor submits proof of evidentiary value which clearly and convincingly demonstrates that a material mistake of a clerical, mathematical, or similar non-judgmental nature was inadvertent and not intentional, that it was made in good faith, and that CDOT has not relied to its detriment on the mistaken Bid. 4.14.3 Mistakes Discovered After Award Mistakes shall not be corrected after Award of the Contract except where CDOT Chief Engineer or designee makes a written determination that it would be unconscionable not to allow the mistake to be corrected. 4.14.4 Determination Required When a Bid is corrected or withdrawn or when correction or withdrawal is denied, the CDOT Chief Engineer or designee shall prepare a written determination showing that the relief was granted or denied in accordance with the rules. 4.15 Performance Capability Statement Prior to Award of the Contract, the Low Apparent Bidder shall submit a Performance Capability Statement in the form prescribed for use by CDOT, which shall include identification of any partnership or joint venture for the project and certification that the Low Apparent Bidder's fiscal and workmanship qualifications have not significantly decreased from that reported in the Prequalification application. 4.16 Determination of Non-responsibility 4.16.1 Prior to Award of the Contract, CDOT shall review the Low Apparent Bidder's past performance, Performance Capability Statement, and Bid to determine responsibility. Reasons for Determination of Non-responsibility may include but are not limited to:

(a) The Low Apparent Bidder has submitted a Bid on a general type of project for which the Contractor and Subcontractors cannot establish a demonstrated performance capability at the time of Prequalification; or (b) The Low Apparent Bidder has failed or is failing to perform on any construction Contract subsequent to the Prequalification action; or (c) The fiscal or workmanship capability of the Low Apparent Bidder has significantly decreased from that set forth in its Prequalification application and supplements; or (d) The review of the Bid by CDOT identifies any concern relative to the performance capability of the Low Apparent Bidder; or (e) If the Contractor submitting the Bid has been sent a Notice of intent to revoke Prequalification under Chapter Two of the rules; or (f) If the Contractor submitting the Bid has been sent a Notice of intent to find the Contractor in default on a CDOT Contract; or (g) If the Contractor submitting the Bid has been sent a Notice of intent to debar or of Suspension under Chapter Three of the rules; or (h) If CDOT determines that the Contractor’s good faith efforts to comply with DBE requirements were unsatisfactory; or (i) If CDOT determines that the Contractor’s requested waiver of Section 8-17-101, C.R.S., is insufficient to make a determination whether a waiver is warranted. 4.16.2 If in the estimation of CDOT the Low Apparent Bidder’s submission is not responsible, the Low Apparent Bidder shall be afforded an opportunity to promptly supply information on the issue. 4.16.3 If the Low Apparent Bidder fails to promptly provide the information requested or if the information provided does not resolve the issue, CDOT may issue a Determination of Non-responsibility and pursue Award of the Contract to the next lowest responsible Bidder. 4.16.4 Any such Determination of Non-responsibility may, in itself, have an effect on the Low Apparent Bidder’s eligibility to submit Bids or be Awarded Contracts on other projects. 4.17 Determination of Non-responsiveness 4.17.1 Prior to Award of the Contract CDOT shall review the Low Apparent Bidder's Bid submittals to ensure that they conform to the terms and conditions as specified in the Bid documents and that they are free of irregularities. Reasons for Determination of Non-responsiveness may include but are not limited to:

(a) If there are unauthorized additions, conditional or alternate Bids, or irregularities of any kind which may tend to make the Bid incomplete, indefinite, or ambiguous as to its meaning.

(b) If the Bid does not contain a (positive and non-zero) unit price for each Pay Item listed except in the case of authorized alternative Pay Items, the mathematical products of the respective unit prices and the estimated quantities, and the total amount of the Bid obtained by adding such mathematical products.

(c) If the Low Apparent Bidder has submitted a Bid that is determined by CDOT to be a Materially Unbalanced Bid. 4.17.2 In the event that individual unit prices in a particular Bid are deemed by CDOT to be Mathematically Unbalanced Bids, the Contractor will be allowed to furnish any records or explanations which indicate how the prices for those items were established before a determination is made by CDOT that the Bid is a Materially Unbalanced Bid. 4.17.3 If in the estimation of CDOT the Low Apparent Bidder’s submission is not responsive, the Low Apparent Bidder shall be afforded an opportunity to promptly supply information on the issue. 4.17.4 If the Low Apparent Bidder fails to promptly provide the information requested or if the information provided does not resolve the issue, CDOT may issue a determination of non-responsiveness and pursue Award of the Contract to the next lowest responsive Bidder. 4.17.5 Any such determination of non-responsiveness may, in itself, have an effect on the Low Apparent Bidder’s eligibility to submit Bids or be Awarded Contracts on other projects. 4.18 Award of Contract 4.18.1 If the Contract is Awarded, the Award will be made within thirty calendar days after the opening of Bids to the Low Responsible and Responsive Bidder. The Low Responsible and Responsive Bidder must comply with all the requirements and criteria prescribed in the Invitation or Bids, in the rules, and otherwise as provided by law. CDOT will notify the Low Responsible and Responsive Bidder by letter, mailed to the address shown on its Bid, that its Bid has been accepted and that it has been Awarded the Contract. 4.18.2 After the time of Award, all Bids, Bid documents and project documents shall be open or closed to public inspection, as provided in the open records law, Section 24-72-201 et seq., C.R.S. 4.19 Cancellation of Award CDOT reserves the right to cancel the Award of any Contract at any time before the execution of the Contract by all parties without any liability against CDOT. 4.20 Return of Bid Proposal Guarantee As indicated in the Invitation for Bids, each Bid must be accompanied by a Bid Proposal Guarantee. All Bid Proposal Guarantees consisting of certified checks or cashier checks will be treated as follows:

(a) For Contractors submitting the second and third lowest Bids, the Bid Proposal Guarantee will be held until the Contract is signed by the Low Apparent Bidder, at which time the Bid Proposal Guarantees of the second and third low Bidders will be returned. The Bid Proposal Guarantee will not be returned to the Low Apparent Bidder until satisfactory Contract Bonds have been furnished and the Contract has been signed by the Low Apparent Bidder.

(b) For all other Contractor’s submitting Bids, the Bid Proposal Guarantee will be returned promptly after the opening and verification of Bids.

(c) For Contractor’s Bids rejected by CDOT, the Bid Proposal Guarantee will be returned promptly after formal notification of the rejection.

(d) For Contractor’s Bids withdrawn under Section 4.14.1, the Bid Proposal Guarantee will be returned promptly after withdrawal of the Bid. 4.21 Requirement of Contract Bonds At the time of the execution of the Contract, the Low Responsible and Responsive Bidder shall furnish two surety Bonds, consisting of a payment bond and a performance bond. Each bond shall be in the penal sum of the Bid and those force account items designated for bonding equal to the next highest integral one hundred dollars. Said Bonds shall be in the forms provided by CDOT. 4.22 Execution and Approval of Contract The Contract must be executed on behalf of the Low Responsible and Responsive Bidder by an Individual with legal authority to bind the Low Responsible and Responsive Bidder. Such an Individual includes the owner of a sole proprietorship, one or more partner members of a partnership, one or more authorized members or officers of each firm representing a joint venture, the president or vice-president of a corporation, or an authorized agent of the Contractor. Anyone signing as agent for the Low Responsible and Responsive Bidder must file with CDOT written evidence of such authority. The Contract shall be returned, together with the Contract Bonds, within fifteen calendar days after the date of Award unless otherwise specified by CDOT. If the Contract is not executed by CDOT within thirty calendar days from date of Award, the Low Responsible and Responsive Bidder shall have the right to withdraw its Bid without penalty, provided the Contractor returned the executed Contract and bond within fifteen calendar days from the date of the Award. No Contract shall be considered effective until it has been fully executed by all of the parties thereto. 4.23 Failure to Execute Contract Failure of the Low Responsible and Responsive Bidder to so execute the Contract and file acceptable Contract Bonds within fifteen calendar days or other duration specified by CDOT after the date of Award shall be just cause for the cancellation of the Award and the forfeiture of the Bid Proposal Guarantee which shall become the property of CDOT. CDOT may elect to waive forfeiture of the Bid Proposal Guarantee only if CDOT determines that the Low Responsible and Responsive has made a good faith effort, which was an honest, nonjudgmental error, not the result of intentional conduct, gross negligence or willful neglect, and that no damages were sustained by CDOT as a result of the failure by the Low Responsible and Responsive Bidder to execute the Contract and file acceptable Contract Bonds within the time prescribed. Award may then be made, in accordance with the provisions of Section 4.18 to the next lowest responsible and responsive Bidder, or the project may be re-advertised. 4.24 Notice to Proceed After the Contract has been fully executed, the Contractor shall be given a written Notice to proceed which will instruct it when Work may be commenced and when the Contract time will commence. 4.25 Protests 4.25.1 Protests will be handled as follows: 4.25.1.1 Any actual or Prospective Bidder, offeror or Contractor who is aggrieved in connection with the solicitation or Award of a Contract may protest to the CDOT Chief Engineer or a designee. The protest shall be submitted in writing within seven working days after such aggrieved Person knows or should have known of the facts giving rise thereto. 4.25.1.2 The CDOT Chief Engineer or designee shall have the authority to settle and resolve a protest of an aggrieved Bidder, offeror, or Contractor, actual or prospective, concerning the solicitation or Award of a Contract. A written decision regarding the protest shall be rendered within seven working days after the protest is filed. The decision shall be based on and limited to a review of those issues raised by the aggrieved Bidder, offeror, or Contractor and shall set forth each factor taken into account in reaching the decision. The decision shall constitute the final agency action of CDOT regarding the protest. 4.25.1.3 Entitlement to costs: When a protest is sustained by the CDOT Chief Engineer or designee or upon administrative or judicial review and the protesting Bidder or offeror should have been Awarded the Contract under the solicitation but was not, the protestor shall be entitled to the reasonable costs incurred in connection with the solicitation, including Bid preparation costs. No other costs or fees shall be permitted or Awarded, and reasonable costs and fees shall not include attorney’s fees. 4.26 Declaratory Order 4.26.1 CDOT may entertain, at its sound discretion, petitions for declaratory orders pursuant to § 24-4- 105(11), C.R.S.

CHAPTER 5 CONSTRUCTION OF PROJECT BY CDOT WITH ITS OWN FORCES 5.01 Selection of Projects 5.01.1 Any project that is constructed by CDOT with its own forces shall meet one or more of the following criteria:

(a) Projects for which the expenditure of funds is reasonably expected to be less than one hundred fifty thousand dollars in the aggregate for the fiscal year, (b) Projects that cannot be defined as to start or stop time, (c) Projects that cannot be defined as to geographical limits, (d) Projects that cannot be defined as measurable units of Work, or (e) Projects on which the nature of the Work is such that delays in progressing with the Work would endanger the public health, welfare or safety. 5.02 Approval of Projects Any project proposed to be constructed by CDOT with its own forces estimated to cost in excess of one hundred fifty thousand dollars in the aggregate in any fiscal year shall be subject to written approval by CDOT Chief Engineer. If the CDOT Chief Engineer approves, then compliance with Chapter Six in these rules is necessary. 5.03 Cost Estimates For all projects reasonably expected to cost more than fifty thousand dollars but less than one hundred fifty thousand dollars in the aggregate in any fiscal year, CDOT shall prepare a cost estimate for approval by the Transportation Commission. The cost estimate shall be a summation of the following factors:

(a) Labor: The estimated time of personnel expected to be working on the project multiplied by their respective rates of pay including the current CDOT payroll load factor percentage;

(b) Materials: The estimated cost of materials purchased or produced by acceptable procurement methods;

(c) Supplies: The estimated cost of incidental supplies necessary to sustain the project;

(d) Supervision: The estimated time of supervisory personnel expected to be responsible for the project multiplied by their respective rates of pay including the current CDOT payroll load factor percentage:

(e) Engineering: The estimated time of engineering personnel necessary to properly engineer the project multiplied by their respective rates of pay including the current CDOT payroll load factor percentage;

(f) Equipment Rental: The estimated cost of equipment rental. Rates for use and replacement are to be obtained from either CDOT Staff Maintenance Branch or Accounting Branch. Rates shall be calculated pursuant to generally accepted accounting principles; and (g) Indirect Cost Allocation: A predetermined percentage of administrative costs not directly attributable to the project. The percentage will be established October 1st of each year by the Accounting Branch, based on the prior year’s expenditures. Indirect costs recalculated by applying the current percentage to the subtotal of items (a), (d) and (e) above. 5.04 Retention of Cost Estimate The prepared cost estimate for the proposed project shall be maintained by the responsible officer by the CDOT regional office for a period of six years.

CHAPTER 6 COMPETITIVE SEALED BIDDING BY CDOT 6.01 Applicability This chapter shall govern the process by which CDOT prepares Bid Proposals and submits such estimates into competitive sealed Bidding of non-federal aid projects estimated to cost more than one hundred fifty thousand dollars in the aggregate in any fiscal year. 6.02 Preparation of Bid Proposals Bid Proposals shall be prepared by the CDOT Engineering Estimates and Market Analysis Unit and shall contain the components listed in Section 5.03(a), (b), (c), (d), (e), and (f) except that indirect administrative costs as defined in Section 5.03(g) shall not include those costs that are necessary to administer a Contractor’s Work but not Work performed by CDOT: such as: the cost of processing a Contractor's monthly estimates, the cost of processing a Contractor’s retainage. The Bid Proposal shall be prepared in accordance with Section 4.05 of the rules and will be approved by CDOT Chief Engineer.

However, a Bid bond will not be required and CDOT will be considered as a prequalified Contractor. The Bid Proposal shall be based upon the assurance that Work performed by CDOT will be subject to the same standards that govern the Contractor’s Work. 6.03 Submission of Bid Proposals The CDOT Bid Proposal shall be submitted in accordance with the provisions of Section 4.06 of the rules. 6.04 Confidentiality of Bid Proposals The Bid Proposal prepared by CDOT shall be confidential with only the CDOT Engineering Estimates and Market Analysis Unit and CDOT Chief Engineer having access to it, during advertisement, until the time Bids are opened. 6.05 Opening and Comparison of Bids Bids and the CDOT Bid Proposal shall be opened in accordance with the provisions of Section 4.10 of these rules and compared in accordance with the provisions of Sections 4.12 and 4.14 of the rules. 6.06 Award of Contract 6.06.1 Award of the Contract shall be made in accordance with the provisions of Section 4.18 of the rules when a CDOT Bid Proposal is not the lowest when compared to other Bids. 6.06.2 When a CDOT Bid Proposal is the lowest when compared to other Bids, CDOT may perform the Work on the Public Project with its own forces provided CDOT can meet the same time requirements as imposed on other Contractors. 6.07 Withdrawal of the CDOT Bid Proposals At any time within thirty calendar days of the date of Bid opening, CDOT may withdraw its Bid Proposal and Award a Contract in accordance with the provisions of Section 4.18 of the rules, to the Low Responsible Bidder. 6.08 Retention of Bid Proposals In the event that CDOT undertakes to perform the Work on a project with its own forces, the Bid Proposal shall be maintained by the responsible officer by the CDOT regional office for a period of six years.

CHAPTER 7 SUPPLEMENTAL DISCLOSURES AND RECORD RETENTION FOR CDOT’S PUBLIC

PROJECTS THAT ARE NON-FEDERALLY FUNDED 7.01 In the event that there is insufficient Colorado labor to perform the work of the project, and if compliance with Section 8-17-101, et seq. C.R.S., would be Unduly Burdensome, causing the prevention of project completion, CDOT shall post a notice of such justifiable waiver pursuant to

Section 8-17-101, C.R.S., on the CDOT website. 7.02 CDOT shall maintain a Contract file for a period of six years for all projects Awarded on a CSBV

basis. Those CSBV Bid files shall contain the basis upon which the Award determination was made. 7.03 For all projects not funded in any part with federal moneys, CDOT shall post on the CDOT website a listing of such projects including the rationale used to determine whether advertisement and award will be either by Low Bidder or CSBV standard. 7.04 CDOT shall post on the CDOT website any report received by CDOT from Contractors who either:

(a) Report that they anticipate their Work or any Subcontractor’s Work will be performed outside of the United States or Colorado; or (b) Report that they have learned, after the Award of the Contract, the Work under the Contract will be performed outside of the United States or Colorado. 7.05 CDOT shall summarize reports posted pursuant to Section 7.04 of the rules in an annual report to the Colorado General Assembly by January 1 each year.

CHAPTER 8 INCORPORATION BY REFERENCE 8.01 The Rules are intended to be consistent with and not be a replacement for the federal requirements set forth Part 26 of Title 49 of the Code of Federal Regulations in effect as of March 2018, which are hereby incorporated into these Rules by reference, and do not include any later amendments. 8.02 All referenced laws and regulations shall be available for copying for a reasonable charge or for public inspection during regular business hours from the Office of Policy and Government Relations, Colorado Department of Transportation, 2829 W. Howard Pl., Denver, Colorado 80204. 8.03 Copies of the referenced Code of Federal Regulations may be obtained from the following address:

U.S. Government Publishing Office 732 North Capitol Street, N.W.

Washington, DC 20401 (202) 512-1800 _________________________________________________________________________ Editor’s Notes

History Entire rule emer. rule eff. 12/11/2013.

Entire rule eff. 03/30/2014.

Chapter 1, rules 1.06, 1.09, 1.14-1.53, 2.01.1, 2.02.1, 2.03.1, 2.04.1(g), 2.05.1, 2.06.1, 2.08.1(c), 2.08.3, 3.03.1(c), 3.07.1, 3.08.1, 4.01.1, 4.01.2, 4.02, 4.03, 4.04, 4.05.1, 4.06, 4.09, 4.12, 4.13.1(e), 4.14.2, 4.16, 4.20(d), 4.22, 4.24, 4.25, 4.26, 7.04, Chapter 8 eff. 09/30/2018.

2 CCR 601-11 Rules Governing Practice and Procedures of the Transportation Commission of Colorado {#sec-2-ccr-601-11 omnilex-key=us-co-regs-official--department-21--2 CCR 601-11}

DEPARTMENT OF TRANSPORTATION

Rules Governing Practice and Procedures of the Transportation Commission of Colorado 2 CCR 601-11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis, Purpose, and Statutory Authority The purpose of these rules is to set forth provisions governing the Transportation Commission’s actions, administrative practices, and transaction of business. In 2014, the rules were updated to make one substantive change to rule 2.06 (changing the annual election of officers from the August regular meeting to July) and to otherwise make numbering and other non-substantive changes.In 2016, the rules were updated to change the name of the Disadvantaged Business Enterprises (“DBE”) Committee to Small Business and Diversity (“SBD”) Committee, to clarify the timeline of the election of Commission officers, to clarify the role and expand the membership of the Efficiency and Accountability Committee pursuant to House Bill 16-1172, and to make other minor clarifying revisions. In 2020, the rules were updated to change the name of the Transit and Intermodal Committee (“T&I Committee”) to the Mobility Systems Committee and to modify the number of Commission member seats on standing committees. The

authority under which the Transportation Commission of Colorado shall establish these rules is set forth in § 43-1-106(6) and § 43-1-106(8)(k), C.R.S. 1.00 Definitions 1.01 “Ad Hoc Committee” shall mean a committee created by the Commission for the purpose of addressing a specific need of a non-continuous nature. 1.02 “Bridge Enterprise Board of Directors” shall mean a type 1 board as defined in § 24-1-105, C.R.S., and shall be comprised of the members of the Transportation Commission of Colorado pursuant to § 43-4-805(2) C.R.S. 1.03 “Commission” shall mean the Transportation Commission of Colorado. 1.04 “Department” shall mean the Colorado Department of Transportation. 1.05 “Executive Director” shall mean the Executive Director of the Colorado Department of Transportation. 1.06 “Headquarters” shall mean the Colorado Department of Transportation’s headquarters building, the address for which is provided on the Colorado Department of Transportation’s website. 1.07 “HPTE Board” shall mean the Board of Directors of the High Performance Transportation Enterprise pursuant to § 43-4-806(2)(a), C.R.S., which shall be a type 1 board as defined in § 24- 1-105, C.R.S., and shall include three members of the Transportation Commission appointed by resolution of the Commission. 1.08 “Meeting” shall mean any kind of gathering convened to discuss public business, in person, by telephone, electronically, or by other means of communication pursuant to § 24-6-402(1)(b), C.R.S. 1.09 “Secretary” shall mean the Secretary of the Transportation Commission of Colorado. 1.10 “Standing Committee” shall mean a committee created by the Commission to address a general need of a continuous nature. 1.11 “State” shall mean the State of Colorado. 2.00 Commission Members – Elections – Appointments - Successions 2.01 The Commission consists of eleven members, appointed by the Governor with the consent of the Senate for terms of four years. Each Commissioner shall reside in the district the Commissioner represents. 2.02 All members of the Commission shall take an oath of office prescribed by the constitution of the state for state officers and the oath shall be filed by the Secretary in the Office of the Secretary of State. 2.03 The members of the Commission and their successors shall constitute a body corporate to be known as the “Transportation Commission of Colorado”; shall have the power to adopt and use a common seal and to change and alter such seal at will; and shall have and exercise all powers necessarily incident to a body corporate. 2.04 All members of the Commission shall also serve as members of the Bridge Enterprise Board of Directors. 2.05 Three members of the Commission shall be appointed by Commission ratifying resolution to serve on the Board of Directors of the High Performance Transportation Enterprise. 2.06 Annual election of officers shall be the last order of business at the Commission's regular June meeting. The elected officers’ terms shall begin on July 1, and expire on June 30 of the following year. 2.07 The Commission shall elect a Chairman, Vice Chairman and Secretary to serve for one year or until successors are elected. 2.08 The Chairman shall preside at all regular meetings of the Commission. The Chairman shall be a member of the Commission. 2.09 The Vice Chairman, in the absence or disability of the Chairman shall perform the duties of the Chairman. The Vice Chairman shall be a member of the Commission. 2.10 In the absence or disability of the Chairman or Vice Chairman, the Commission shall elect from its members present a Chairman pro tempore who shall perform the duties of the Chairman for that meeting. 2.11 The Secretary shall assist the Chairman in conducting the meetings of the Commission and shall keep the books and records of the Commission. The Secretary shall be a member of the Department staff. 3.00 Committees of the Commission 3.01 The Commission may create Standing Committees by full consent of the Commission as it deems necessary. Members shall be appointed by the Chairman, with the consent of the full Commission, to all existing Standing Committees. Members so appointed shall begin serving by the July regular meeting on the respective Committees and serve for one year or until their successors are appointed. The Commission shall ratify the appointments of members to Standing Committees by resolution. The Commission has created the following Standing Committees: 3.01.1 The Audit Review Committee (“ARC”), which shall be comprised of at least three members of the Commission who shall meet periodically with executive management and the Audit Director to review audits, reports and activities of the internal Audit Division. 3.01.2 The Small Business and Diversity (“SBD”) Committee, which shall be comprised of at least three members of the Commission who shall meet periodically with executive management and the Director of the Civil Rights and Business Resource Center to review the civil rights and small business programs. 3.01.3 The Mobility Systems Committee, which shall be comprised of at least three members of the Commission who shall meet periodically with executive management and the Division of Transit and Rail Director to review transit and rail policies and practices. 3.02 The Efficiency and Accountability Committee, which is reestablished pursuant to § 43-1- 106(17)(a), C.R.S., shall seek ways to maximize the efficiency and accountability of the Department and the Transportation Commission to allow increased investment in the transportation system over the short, medium, and long term, in compliance with § 43-1- 106(17)(a), C.R.S.

A. Membership shall include, from the Executive Branch of the state government:

1. One member of the Commission designated by the Commission;

2. One member of the Office of the Executive Director designated by the Executive Director;

3. One member from each of the divisions of the Department created in § 43-1- 104(1) C.R.S., designated by the Executive Director after consultation with the directors of each division; and 4. Any other employees of the Department the Executive Director may designate.

B. Membership shall include, from the Legislative Branch of the state government:

1. Two members of the House of Representatives, one appointed from the majority party by the speaker of the House of Representatives and one appointed from the minority party by the minority leader of the House of Representatives, pursuant to § 43-1-106(17); and 2. Two members of the Senate, one appointed from the majority party by the president of the Senate and one appointed from the minority party by the senate minority leader, pursuant to § 43-1-106(17).

C. Membership shall include, from outside state government, representatives of:

1. The construction Industry;

2. The engineering industry;

3. The environmental community;

4. Transportation planning organizations;

5. Public transportation providers;

6. Counties;

7. Municipalities;

8. Nonpartisan good governance organizations;

9. Any other industries or groups that the Commission determines should be represented on the committee; and 10. Any individuals or representatives of informally constituted groups of individuals that the Commission determines should be represented on the Committee.

D. The Efficiency and Accountability Committee shall periodically report to the Commission and the Executive Director regarding means by which the Commission and the Department may execute their duties more efficiently. The Executive Director or the Director’s designee shall report at least once per calendar year to either the committees of the House of Representatives and the Senate that have jurisdiction over transportation or the Transportation Legislation Review Committee regarding their activities and recommendations and any actions taken by the Commission or Department to implement recommendations of the committee.

E. A member of the Efficiency and Accountability Committee who has a personal or private interest that could reasonably be expected to be affected if the Commission or the Department implements a proposed Committee recommendation shall disclose the interest to the Committee and shall abstain from any Committee vote to adopt or reject the recommendation. 3.03 The Chairman, with the consent of a majority of the Commission members, may appoint Ad Hoc Committees as deemed necessary to provide for the efficient conduct of the Commission's business; such committees shall serve at the pleasure of the Chairman. 4.00 Commission Attendance and Notice to Commission of Scheduled Meetings 4.01 Each Commissioner is encouraged to attend the following: 4.01.1 All meetings and hearings of the Commission. 4.01.2 All meetings or gatherings of private groups or associations at which Commission representation is requested. 4.01.3 All organized official field trips of the Commission. 4.01.4 All meetings of the Department and private companies, groups or governmental entities which the Commissioner attends at the request of the Chairman or the Executive Director. 4.01.5 All Commission meetings with Legislators, the Joint Budget Committee, the House Transportation and Energy Committee, and the Senate Transportation Committee. 4.01.6 All meetings of any standing or Ad Hoc Committee to which a Commissioner is appointed. 4.01.7 All meetings a Commissioner is assigned to attend as a representative of the Commission. 4.02 All absences of Commissioners at a meeting or hearing of the Commission shall be noted by the Secretary in the minutes of any meeting or hearing of the Commission. Commissioners are encouraged to notify the Secretary or Chairman in advance of any meeting or hearing if they will be unable to attend or if they will be absent from a portion of the meeting or hearing. 4.03 If a Commissioner does not answer roll call at the beginning of the meeting, that Commissioner shall be deemed absent unless excused by the Chairman or his or her subsequent arrival is noted in the minutes. 4.04 Except under special or emergency circumstances, the Secretary will provide to the Commission copies of material pertaining to items that require action within seven days of the meeting. 4.05 Special meetings may be called by the Governor, the Executive Director, the Chairman or a majority of the members of the Commission. The Secretary shall provide notice of any special meeting to the Commission by mail or electronic mail no less than three days prior to the date of any special meeting. However, in case of emergency, a 24-hour notice shall be given by telephone or electronic mail. See § 43-1-106(6) C.R.S. 5.00 Schedule of Meetings – Meeting Location 5.01 Except as provided in this section, regular meetings of the Commission shall be held on the third Thursday of each month and no less than eight times a year. 5.02 A schedule of regular meetings of the Commission shall be established and adopted each July for such fiscal year. 5.03 The Chairman of the Commission may propose postponement or advancement of the time and date of any regular meeting for Commission action and the Chairman may remove items from the agenda or rearrange the order of the agenda items. 5.04 The Commission meetings shall be held at Headquarters or at other locations throughout the state. The Commission will consider holding at least two of its meetings per 12-month period outside the Denver area to enable persons throughout the state to attend its meetings and express their opinions to the Commission. 6.00 Public Notice of Meetings 6.01 Public Notice of Commission meetings will be given as provided for in the Colorado Sunshine Act of 1972 (§ 24-6-401, et seq. C.R.S.). 6.02 All meetings of two or more members of the Commission at which public business is discussed or at which any formal action may be taken are declared to be public meetings and shall be open to the public at all times, excluding the convening of an executive session pursuant to Rule 7.09.

See 24-6-402(2)(a), C.R.S. 6.03 Any meetings at which the adoption of any proposed policy, position resolution, rule, regulation, or formal action occurs or at which a majority or quorum of the Commission is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. See § 24-6-402(2)(c), C.R.S. 6.04 The Commission shall be deemed to have given full and timely notice if the notice of the meeting is posted in the lobby of CDOT Headquarters and on CDOT’s website, no less than twenty-four hours prior to the holding of the meeting. 6.05 In addition to the provisions of 6.04 of this rule, public notice of the regular meeting date and proposed agenda shall be posted by the Secretary in the lobby of the Headquarters and on CDOT’s website at least five days prior to the meeting, or as soon as practicable. 7.00 Conduct of Meetings – Matters Coming Before the Commission 7.01 In any lawsuit or proceedings, all meetings of the Commission shall be presumed to have been duly called and regularly held. 7.02 Except for matters to be considered by the Commission in Executive Session pursuant to § 24-6- 402(3)(a) or § 24-6-402(3)(b), C.R.S. ,all meetings of the Commission shall be open to the public and shall be conducted by the Chairman generally under Robert's Rules of Order, but may proceed on an informal basis. 7.03 A quorum of the Commission shall be six members. If a quorum of the Commission is present, a majority vote of the members present shall be required to carry any motion, order, regulation or other action of the Commission. 7.04 All formal action of the Commission shall be by resolution adopted at a regular or special meeting of the Commission as required by statute. 7.05 All resolutions originated by Department staff which require a legal determination must be approved as to legality and form by the Office of the Attorney General or its designee before being accepted as an action item on a Commission meeting agenda. 7.06 Persons or groups wishing to make a presentation at a Commission meeting or hearing may make a request to be placed on the agenda by contacting the Secretary in writing at CDOT Headquarters at least 17 days prior to the meeting. The public is encouraged to participate at these meetings. 7.07 The Secretary will furnish sign-in sheets for public comment at all meetings of the Commission.

They will be available at the door of the meeting room. 7.08 Items which are not included or identified as action items in the public notice of the Commission meeting agenda may, nonetheless, be considered by the Commission for action at the noticed meeting on an emergency basis, provided that the items must be approved for action by either the Chairman or a majority of the Commissioners and that the Secretary must post public notice of such additional action items in accordance with the provisions of Section 6.00 of this rule. 7.09 Upon the announcement by the Commission to the public of the topic for discussion and after providing as much detail as possible without compromising the purpose for which the executive session is authorized, and by the affirmative vote of two-thirds of its members, the Commission may hold an Executive Session at a regular or special meeting for the sole purpose of considering any of the matters described in § 24-6-402(3)(a) or § 24-6-402(3)(b), C.R.S.. No adoption of any proposed policy, position, resolution, rule, regulations, or formal action, except the review, approval, and amendment of the minutes of an executive session shall occur at any executive session that is not open to the public. 8.00 Records - Minutes 8.01 All meetings of the Commission shall be electronically recorded. 8.02 The Secretary shall make and maintain minutes of all Commission meetings. Minutes shall be written in the order in which the issues were considered at the meeting, shall be prepared promptly, and shall be open to public inspection. Minutes of each meeting shall state, by name, the Commissioners that are either present or absent and all Department executive management that are present. 8.03 Minutes shall include all matters considered and action taken, if any, but need not be a verbatim transcript. The minutes shall reflect the number of yea and nay votes on each action item and shall state by name the Commissioners voting yea or nay, if there is a division of the vote. 8.04 Minutes of any meeting shall be approved, rejected or modified at the next regular meeting. After approval or modification, minutes shall be signed by the Secretary and made a part of the Commission's records. A copy of the signed minutes of any Commission meeting shall be available to the public upon request. 8.05 The minutes and records of the Commission, books of account, and the seal of the Commission shall be kept in the office of the Secretary and shall be open to public inspection. 8.06 The Commission shall retain records in keeping with the requirements of § 24-80-101, et seq., C.R.S.; however, with regard to the electronic recording of executive sessions, the records shall be kept for ninety days pursuant to § 24-6-402(2)(d.5)(I)(E), C.R.S. The audio files shall be kept permanently by the Secretary. 9.00 Compensation – Reimbursement of Expenditures 9.01 Pursuant to § 43-1-106 (6), C.R.S., each member of the Commission shall receive seventy-five dollars per day for each regular or special meeting of the Commission actually attended and shall be reimbursed for his or her necessary expenses incurred in the discharge of such member’s official duties and in accordance with Fiscal Rules and Commission policy. 9.02 Mileage rates for necessary travel shall be computed in accordance with § 24-9-104, C.R.S., as amended. 10.00 Standards of Conduct – Conflicts of Interest – Disclosure 10.01 A conflict of interest occurs whenever a Commissioner has privileged information or a financial interest which may influence or be reasonably perceived by the public as influencing the conduct of the Commissioner. 10.02 A Commissioner holds a position of public trust and has a fiduciary duty to carry out his or her duties for the benefit of the people of the state in a manner consistent with the applicable standards of conduct of § 24-18-101 through § 24-18-206, C.R.S. Each Commissioner shall comply with such standards, as follows: 10.02.1 A Commissioner shall not perform an official act which may have a direct economic benefit on a business or other undertaking in which he has a direct or substantial financial interest. 10.02.2 “Financial interest” means a substantial interest held by an individual which is:

(1) An ownership interest in a business;

(2) A creditor interest in an insolvent business;

(3) An employment or a prospective employment for which negotiations have begun;

(4) An ownership interest in real or personal property;

(5) A loan or any other debtor interest; or (6) A directorship or officership in a business. 10.03 However, a Commissioner may, prior to acting in a manner described above which may impinge on his or her fiduciary duty and the public trust, disclose the nature of his or her private interest in writing to the secretary of state, listing the amount of his financial interest, if any, the purpose and duration of his or her services rendered, if any, and the compensation received for the services or such other information as is necessary to describe his or her interest. If he or she then performs the official act involved, he or she shall state for the record the fact and summary nature of the interest disclosed at the time of performing the act. Such disclosure shall constitute an affirmative defense to any civil or criminal action or any other sanction. 11.00 Adoption of Rules and Regulations 11.01 All rulemaking proceedings authorized by law to be conducted by the Commission, or by a designee on behalf of the Commission, shall be conducted in accordance with the State Administrative Procedure Act (“APA”),§ 24-4-101 et seq., C.R.S. 12.00 Commission Adjudicatory Hearings 12.01 Adjudicatory hearings, including petitions for Declaratory Orders pursuant to § 24-4-105(11), C.R.S., may be conducted by the Commission on any issues within the Commission's jurisdiction or the hearing may be delegated by the Commission either to an Administrative Law Judge, in the Division of Administrative Hearings, Department of Administration, or to the Department of Transportation's Executive Director to act as the Hearing Officer. Hearings shall be conducted in accordance with the State Administrative Procedure Act (“APA”) § 24-4-101, et seq. C.R.S., unless the Commission's or the Department of Transportation's enabling legislation provides otherwise. 12.02 In cases where the Department conducts adjudicatory hearings, either through the Executive Director or his designee, which may be but shall not be limited to the Chief Engineer or an Administrative Law Judge. The Executive Director, or his or her designee, shall file a written report with the Commission for review setting forth the evidence and the findings and the application of the findings to statutes and rules. Upon review, the Commission may then sustain findings or make new findings based upon the record. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/14/2011.

Entire rule eff. 04/14/2014.

Entire rule eff. 12/15/2016.

Rules SB&P, 3.01 eff. 09/14/2020.

2 CCR 601-12 ERECTION, ADMINISTRATION, AND MAINTENANCE OF TOURIST ORIENTED DIRECTIONAL SIGNS WITHIN HIGHWAY RIGHTS-OF-WAY [Repealed eff. 09/14/2011] {#sec-2-ccr-601-12 omnilex-key=us-co-regs-official--department-21--2 CCR 601-12}

DEPARTMENT OF TRANSPORTATION

Transportation Commission RULES AND REGULATIONS FOR THE ERECTION, ADMINISTRATION, AND MAINTENANCE OF TOURIST ORIENTED DIRECTIONAL SIGNS WITHIN HIGHWAY RIGHTS-OF-WAY – Repealed eff.

September 14, 2011.

2 CCR 601-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE

The Executive Director, upon the Department’s recommendation, has repealed this rule, 2 CCR 601-12 because the entire rule has been updated and incorporated into another existing CDOT Rule, 2 CCR 601- 7, thus rendering this rule obsolete. _________________________________________________________________________ Editor’s Notes

History

Section I.E, Section II.A.1. eff. 03/02/2009.

Entire rule repealed eff. 09/14/2011.

2 CCR 601-13 UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION REGULATIONS [Repealed eff. 08/30/2012] {#sec-2-ccr-601-13 omnilex-key=us-co-regs-official--department-21--2 CCR 601-13}

DEPARTMENT OF TRANSPORTATION

Transportation Commission UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION REGULATIONS - Repealed eff. 08/30/2012 2 CCR 601-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 08/30/2012.

2 CCR 601-14 Rules Governing Chain Law and Passenger Vehicle Traction Law Requirements on the State Highway System {#sec-2-ccr-601-14 omnilex-key=us-co-regs-official--department-21--2 CCR 601-14}

DEPARTMENT OF TRANSPORTATION

RULES GOVERNING CHAIN LAW AND PASSENGER VEHICLE TRACTION LAW REQUIREMENTS

ON THE STATE HIGHWAY SYSTEM

2 CCR 601-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose and Statutory Authority The purpose of these rules is to describe the travel conditions, types of vehicles, and the locations which require tire chains, adequate types of tires, four-wheel drive or other means to provide adequate traction, when the Department determines such means are necessary to protect the safety of the travelling public and to minimize the occurrence of road closures. The Department revised the rules in order to make them more understandable to the travelling public. It removed the codes used to communicate when chains or snow tires were required and replaced the codes with clearer categories pertaining to Passenger Vehicles and Commercial Motor Vehicles, and updated the rules to current practice. The new rules explicitly refer to "Non-Commercial or Recreational Vehicles" and state that they fall within the specified type of travel restriction depending on the vehicle weight and the road and weather conditions. These changes to the rules reflect the now widespread use of communicating via electronic messaging signs and via other means of technology. Additional changes being proposed address existing provisions of the rule on the grounds of clarity, accuracy and completeness as required by the Colorado Administrative Procedure Act.

The rules shall apply to all state highways on the State Highway System as defined in §43-2-101(1), C.R.S. or as determined by the Transportation Commission. These rules are based on the following statutory sections: §42-4-106(5)(b) C.R.S. (rule-making authority granted to the Transportation Commission); §42-4-106 C.R.S. (setting forth who may restrict the use of highways); §43-2-101(1) C.R.S.

(defining State Highway System); §42-4-214 C.R.S. (setting forth required visual signals on service vehicles), and §42-4-1701(4)(a)(I)(F) C.R.S. (penalties for non-compliance). 1.00 Definitions 1.01 “Alternate Traction Device" or "ATD" means a device approved by the Department as capable of providing traction comparable to that of such metal chains or cables under similar conditions, which is also listed on the CDOT Approved Product List ("APL"). 1.02 "Authorized Service Vehicles" mean such highway or traffic maintenance vehicle(s) as are publicly owned and operated on a highway, by or for a governmental agency, the function of which requires the use of service vehicle warning lights as prescribed by state law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the Department of Transportation under §42-4-214(5), C.R.S. Some vehicles may be designated as both an Authorized Emergency Vehicle and an Authorized Service Vehicle. See §42-1-102(7) C.R.S. 1.03 "Autotransport Carriers" means vehicles specifically designed and used for the transport of automobiles. 1.04 "Chain Law" means the requirement imposed by the Department for all vehicles using certain areas of the State Highway System during periods of adverse road and weather conditions in order to protect the safety of the travelling public and prevent accidents resulting in traffic issues and road closures. Notification of Chain Law requirements shall occur as set forth in Rule 2.02 herein, contingent upon assessed road and weather conditions. 1.05 "Colorado State Patrol" shall mean the organization created by §24-33.5-201, C.R.S. 1.06 "Commercial Motor Vehicle" or "CMV" for purposes of these rules means a vehicle having a manufacturer's GVWR or GCWR of at least 16,001 pounds and used in commerce on public highways or a GVWR or GCWR of at least 16,001 pounds and used to transport at least 16 passengers, including the driver. See §42-4-235(1) (a)-(c), C.R.S. 1.07 "Department" means the Colorado Department of Transportation. 1.08 “Drive Wheel Tire” means a tire attached to a wheel through which tractive force is transferred from the vehicle to the road causing the vehicle to move. 1.09 “GCWR” means Gross Combined Weight Rating. 1.10 "GVWR" means gross vehicle weight rating. 1.11 "Motor Vehicle" means the same as defined in §42-1-102(58), C.R.S. For purposes of these rules, the term Motor Vehicle shall include Passenger Vehicles, Commercial Motor Vehicles and Recreational Motor Vehicles. 1.12 "Non-Commercial or Recreational Vehicle" means a truck, or unladen truck tractor, operated singly or in combination with a trailer or utility trailer or a motor home, which truck, or unladen truck tractor, or motor home is used exclusively for personal pleasure, enjoyment, other recreational purposes, or personal or family transportation of the owner, lessee, or occupant and is not used to transport cargo or passengers for profit, hire, or otherwise to further the purposes of a business or commercial enterprise.” See §42-1-102(61), C.R.S. For the purposes of these rules, Non-Commercial or Recreational Vehicles are categorized by weight as either a Commercial Motor Vehicle or a Passenger Vehicle. 1.13 "Passenger Vehicle" means any vehicle having a GVWR or GCWR 16,000 pounds or less with four or more tires and capable of transporting up to 15 passengers, including the driver. 1.14 "Recreational Motor Vehicle" means the same as "Non-Commercial or Recreational Vehicle." 1.15 "Passenger Vehicle Traction Law" shall mean the requirements imposed by the Department upon the operation of Passenger Vehicles when traveling on identified areas of the State Highway System during periods of adverse road and weather conditions in order to increase the safety of the travelling public and prevent accidents resulting in traffic issues and road closures. 1.16 "Variable Message Signs" or "VMS" shall mean the electronic messaging signs on the State Highway System used facilitate traffic control and to advise the travelling public through electronic or static means of road conditions and travel requirements, including the status of any Passenger Vehicle Traction Law or Chain Law. 2.00 Means of Notification Regarding Road Conditions and Travel Requirements 2.01 Who May Implement Travel Requirements on state highways. Any Department maintenance supervisor or their designee shall have the authority to implement the Chain Law or Passenger Vehicle Traction Law. It is within their discretion to determine when road, weather, and driving conditions are such that the Chain Law or Passenger Vehicle Traction Law should be in effect. 2.02 The applicable Traction and Chain Law requirements will be messaged out through the CDOT notification process, to include Variable Message Signs, static signs, other official traffic control devices as appropriate, the CDOT travel website, telephonic messaging system, email, text notifications and other technologies. Notifications will specify by mile points and by exit number when chains are required. 2.03 The Chain Law and Passenger Vehicle Traction Law shall remain in effect until either notice is communicated to the traveling public by VMS, static sign or other CDOT notification, or when the center line or lane lines are visible on a descending grade. 3.00 Passenger Vehicle Traction Law 3.01 Passenger Vehicles are vehicles having a GVWR or GCWR less than 16,001 pounds capable of transporting up to 15 passengers, including the driver. Vehicles that meet these requirements include but are not limited to: 3.01.1 A vehicle towing a trailer or another vehicle; 3.01.2 Non-Commercial or Recreational Vehicles having a GVWR or GCWR less than 16,001 pounds; and 3.01.3 Passenger vans designed to transport up to 15 passengers, including the driver. 3.01.4 A Passenger Vehicle can be a two-wheel drive vehicle, an all-wheel drive vehicle or a four-wheel drive vehicle. 3.02 The Passenger Vehicle Traction Law applies to Non-Commercial or Recreational Vehicles under 16,001 pounds GVWR or GCWR. 3.03 To travel on a state highway when the Passenger Vehicle Traction Law is in effect, a Passenger Vehicle must have either: 3.03.1 Chains on two or more drive tires; or 3.03.2 An approved ATD on two or more drive tires; or 3.03.2 Is a two-wheel drive vehicle equipped with statutorily sufficient tires as set forth by

section 3.04 of these rules; or 3.03.3 Is a four-wheel or all-wheel drive vehicle with all drive wheels engaged and equipped with tires having a minimum of 3/16-inch tread depth. 3.04 Statutorily sufficient shall mean tires with a minimum of a 3/16-inch tread depth, which shall include: 3.04.1 Tires imprinted with a mountain snowflake symbol by the manufacturer; or 3.04.2 Tires having a “mud and snow” (M+S, M &S, OR M/S) rating; or 3.04.3 Tires with an all-weather rating by the manufacturer. Summer, all-season and performance all-season tires do not qualify as all-weather tires. 3.05 The Department recommends that Passenger Vehicles travelling on state highways carry adequate chains or an approved ATD during the months when snow could be encountered. 4.00 Passenger Vehicle Chain Law 4.01 Passenger Vehicles include but are not limited to vehicles under 16,001 GVWR or GCWR, and vehicles capable of transporting up to 15 passengers, including the driver. Vehicles that meet these requirements include but are not limited to: 4.01.1 A vehicle towing a trailer or another vehicle; 4.01.2 Non-Commercial or Recreational Vehicles less than 16,001 pounds GVWR or GCWR; and 4.01.3 Passenger vans capable of transporting up to 15 passengers, including the driver. 4.01.4 A Passenger Vehicle can be a two-wheel drive vehicle, an all-wheel drive vehicle or a four-wheel drive vehicle. 4.02 The Passenger Vehicle Chain Law applies to Non-Commercial or Recreational Motor Vehicles under 16,001 pounds GVWR or GCWR. 4.03 To travel on a state highway when the Passenger Vehicle Chain Law is in effect, a Passenger Vehicle must have either: 4.03.1 Chains on two or more drive tires; or 4.03.2 An approved ATD on two or more drive tires. 5.00 Commercial Motor Vehicle Chain Law 5.01 A Commercial Motor Vehicle for purposes of these rules is any vehicle having a GVWR or GCWR 16,001 pounds or more and used in commerce on public highways or vehicles 16,001 pounds GVWR or GCWR or more and has the capacity to carry 16 or more passengers, including the driver. 5.01.1 Non-Commercial or Recreational Vehicles having a GVWR or GCWR of 16,001 pounds or more shall comply with the provisions of the Commercial Motor Vehicle Chain Law when in effect. 5.02 To travel on a state highway when the Commercial Motor Vehicle Chain Law is in effect, a Commercial Motor Vehicle or Non-Commercial or Recreational Vehicle must have chains or ATDs on at least four of the drive wheel tires, or all of the drive wheel tires if the vehicle has fewer than four drive wheel tires. Buses are required to chain or have ATDs on two drive wheel tires.

See §42-4-106(5) (a)(I), C.R.S. 5.03 Commercial Motor Vehicles hauling flammable, combustible or explosive materials as defined by federal regulations may continue beyond the VMS until they encounter snow on the road. The driver shall affix chains at the earliest possible opportunity where the traction of the vehicle is compromised (where the pavement is primarily covered by snow or ice) at a safe location outside the travelled portion of the highway. 5.04 A Commercial Motor Vehicle or Non-Commercial or Recreational Vehicle may proceed beyond the chain area to the next safe location in the event the chain station is full in order to safely affix or remove chains. 5.05 Passing Requirements when the Commercial Motor Vehicle Chain Law is in Effect. Whenever the Commercial Motor Vehicle Chain Law is in effect, Commercial Motor Vehicles or Non- Commercial or Recreational Vehicles shall be restricted to the right lane unless encountering a stalled or slower moving vehicle that would result in the loss of traction, in which case the CMV or Non-Commercial or Recreational Vehicles may utilize the left or center lane to pass if the movement can be made safely and without interference with other traffic. Any such pass must be completed without losing traction and the CMV or Non-Commercial or Recreational Vehicle must return immediately to the right lane upon completion of the pass. 5.06 Autotransport Carriers 5.06.1 Autotransport Carriers shall be exempt from using tire chains on at least four drive wheels in the event the tire chains would jeopardize the safety of the hydraulic lines of the vehicle. 5.06.2 To the extent tire chains do not interfere with the hydraulic lines, Autotransport Carriers shall be subject to these rules. 5.06.3 When the Commercial Motor Vehicle Chain Law has been implemented and Autotransport Carriers cannot use tire chains on at least four drive wheels, then the use of pneumatically driven chains, drive wheel sanders or other Department approved ATDs, or the use of tires having a mud and snow rating (“M&S,” “M+S,” OR “M/S,” or imprinted with a mountain snowflake symbol by the manufacturer having a minimum of a 3/16-inch tread depth shall be required. 6.00 Tire Chains, Tire Cables and Approved Alternate Traction Devices 6.01 Under certain road conditions, chains or Department approved ATDs may be required. For Passenger Vehicles, the required use of these traction devices may depend on the type and quality of tire on the Passenger Vehicle. 6.02 Tire Chains. Tire Chains include but are not limited to metal chains, which consist of two circular hoops, one on each side of the tire, connected by not less than nine evenly spaced chains across the tire tread. See §42-4-106(5) (a) (I), C.R.S. Tire chains shall meet the SAE classification as outlined in NACM 92805 (TC) by the National Association of Chain Manufacturers. Dual tire chains are acceptable. 6.03 Clip on chains are not permitted, nor is any other device not designated as an approved ATD by the department. 6.04 Tire Cables. Tire cables are ATDs made of steel cable as opposed to steel chain link, which have high strength steel cross member rollers 0.415" or greater in diameter, which may be used on passenger vehicles and by commercial vehicles under limited circumstances. 6.04.1 Tire Cables as ATDs on Commercial Motor Vehicles are permitted on a tandem power drive axle combination commercial motor vehicle where any type of cable may be used, but only if there are chains on the two outside tires of one of the power drive axles and cables on two or more tires of the other power drive axle. 6.04.2 Tire cables are not approved for use as an ATD on single drive axle commercial motor vehicles. 6.05 To be permitted, ATDs must be one of the ATDs included in the CDOT Approved Product List ("APL"). Drive wheel sanders and pneumatically driven chains are also allowed. 7.00 Truck Chain Up, Truck Chain Down and Inspection Stations 7.01 The Department shall designate the locations of chain inspection stations. 7.02 The Department may designate Authorized Service Vehicles to sell, mount, and assist in mounting chains in compliance with these rules at certain chain-up stations. 7.03 The Department or law enforcement personnel may control the reentry of vehicles from a chain station or inspection station to the state highway in such a manner as to enhance the flow of traffic and ensure the safety of the travelling public. 7.04 All vehicles subject to the Passenger Vehicle Traction and/or Chain law applicable at the time may be subject to inspection by Department personnel or appropriate law enforcement personnel for compliance with the chain law or Passenger Vehicle Traction Law before proceeding on the state highway. 7.05 Passenger vehicles shall chain up at safe locations in rest areas or locations with public access off the main line of traffic. It is recommended that Passenger Vehicles not affix chains in areas designated for commercial vehicles. 7.06 If any vehicle is not in compliance, law enforcement or Department personnel may: 7.06.1 Hold the vehicle in the inspection or chain area; 7.06.2 Require the driver of the vehicle to reverse its direction of travel or stop travel; or 7.06.3 Be required to retain a private towing service to convey the vehicle through the area covered by the chain law implementation. 8.00 Authorized Service Vehicles and Authorized Emergency Vehicles 8.01 Government Owned Highway Maintenance Vehicles. Government-owned highway maintenance vehicles, in the exercise of highway maintenance activities, or incident management, are exempt from the travel restrictions in these rules. 8.02 Vehicle Recovery Units. Vehicle recovery units that are in the exercise of clearing travel lanes in a chain law enforcement area shall be exempt from these rules. 8.03 Authorized Emergency Vehicles shall be exempt from these rules. 9.00 Penalties 9.01 Persons operating motor vehicles on any portion of the State Highway System that has the Chain Law and/or Passenger Vehicle Traction Law in effect must comply with these rules. 9.02 A person who operates a motor vehicle in violation of these rules or in violation of restrictions imposed by the Department or the State Patrol shall be subject to fines set forth in §42-4-1701, C.R.S. 9.03 An enhanced penalty will be assessed as set forth in §42-4-1701(4)(a)(I)(F), C.R.S., if the person violates these rules while operating a Commercial Motor Vehicle or where the violation causes a closure of a travel lane in one or both directions. 9.04 §42-4-1701(4)(a)(I)(F), C.R.S., regarding enhanced penalties shall not apply to a tow operator who is towing a motor vehicle or traveling to a site from which a motor vehicle is to be towed. 10.00 Declaratory Orders 10.01 The Department may entertain, at its discretion, petitions for declaratory orders pursuant to §24- 4-105(11), C.R.S. 11.00 Incorporation by Reference 11.01 All referenced laws and regulations shall be available for copying for a reasonable charge or for public inspection during regular business hours from the Office of Policy and Government Relations, Colorado Department of Transportation, 2829 W. Howard Place, Denver, Colorado 80204. 11.02 The following material is incorporated by reference into these rules. Tire Chain Specifications NACM 92805 (TC), adopted by the National Association of Chain Manufacturers on September 25, 2005, and reaffirmed without change on April 12, 2015. Copies of NACM 92805 (TC) may be obtained by contacting The National Association of Chain Manufacturers by phone at (248) 994- 2222, or by writing to them at the following address:

The National Association of Chain Manufacturers 28175 Haggerty Road Novi, MI 48377 11.03 These rules do not include later amendments to or editions of any publications, standards, guidelines or rules incorporated by reference herein. 11.04 Copies of these rules are available online through the Colorado Secretary of State website at https://www.sos.state.co.us/ccr/welcome.do. _________________________________________________________________________

Editor's Notes

History Entire rule emer. rule eff. 11/17/2011; expired eff. 03/16/2012.

Entire rule eff. 04/14/2012.

Entire rule eff. 08/14/2019.

Entire rule emer. rule eff. 11/21/2019.

Entire rule eff. 03/16/2020.

2 CCR 601-15 Requirements for Procurement by the Colorado Department of Transportation of Design-Build Contracts for Transportation Projects {#sec-2-ccr-601-15 omnilex-key=us-co-regs-official--department-21--2 CCR 601-15}

DEPARTMENT OF TRANSPORTATION

Transportation Commission and Office of Transportation Safety REQUIREMENTS FOR PROCUREMENT BY THE COLORADO DEPARTMENT OF TRANSPORTATION OF DESIGN-BUILD CONTRACTS FOR TRANSPORTATION PROJECTS 2 CCR 601-15 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Section 1 - Purpose 1. The purpose of The Rules is to implement the provisions of Part 14 of Article 1 of Title 43, C.R.S., by establishing procedures and requirements for CDOT to procure Design-Build Contracts for Transportation Projects.

2. A Design-Build selection and procurement process will provide CDOT with: a savings of time, cost, and administrative burden, improved quality expectations with respect to the schedule and budget of Transportation Projects, as well as completion of such Projects; and a reduction in the risks associated with Transportation Projects, including reduced duplication of expenses and improved coordination of efforts to meet the Transportation needs of Colorado.

Section 2 - Authority 1. Specific statutory authority to promulgate The Rules is granted to CDOT by Section 43-1-1409, C.R.S.

(1999).

2. The “Statement of Basis, Specific Statutory Authority, and Purpose” for The Rules is hereby incorporated by reference and made a part of the Rules. A copy of that Statement can be obtained by contacting CDOT.

Section 3 - Policy 1. CDOT may use a Design-Build Contract process to deliver a Transportation Project if design work is needed on that Project and where the Chief Engineer determines such use is appropriate and in the best interests of the public.

2. CDOT may use the Adjusted Score Design-Build (i.e., the Two Phase Design-Build) Contract process, the Low Bid Design-Build Contract process, or any other process the Chief Engineer determines appropriate, based on the individual needs and merits of the Project.

3. When a Design-Build Contract Process is used, CDOT shall enter into a contract with a single Design- Build Firm to provide professional engineering services and construction services, maintenance services, related services, pursuant to a Scope of Work Statement provided by CDOT.

Section 4 - Definitions For purposes of the Rules, the following definitions apply. When the terms defined in this section are used throughout this document they will be italicized for ease of recognition as specifically identified terms.

1. “Adjusted Score Design-Build Contract Process” means the same as provided in section 43-1-1402(1), C.R.S. It is a process to award contracts based on the lowest adjusted score of proposals submitted to CDOT. It means the same as Two Phase Design-Build Process.

2. “Best Value” means the same as provided in section 43-1-1402(2), C.R.S. It means the overall maximum value of a proposal to the Department after considering all of the evaluation factors described in the specifications for the Transportation Project or the RFQ, including but not limited to the time needed for performance of the contract, innovative design approaches, the scope and quality of the work, work management, aesthetics, Project control, and the total cost of the Transportation Project.

3. “C.R.S.” means the Colorado Revised Statutes, as may be amended.

4. “Controlled Insurance Program” (CIP) means a single, Project based, insurance program that is designed to cover the on-site risks of all qualified participants. Such participants include the Project owner, architect or engineer consultant, general contractor, construction manager, and all tier subcontractors. Typical coverage's provided through a CIP will include Statutory Workers'

Compensation and Employers Liability, General Liability, Professional Liability, Builders'

Risk/Property, Railroad Protective, Pollution and Environmental Impairment. Automobile Liability is specifically excluded. This type of program replaces individual coverage's provided by the various Project participants. A Controlled Insurance Program may be initiated and managed (controlled) by CDOT as it determines and describes in the Project Specifications, including as an “Owner Controlled Insurance Program” (OCIP) or as a “Contractor Controlled Insurance Program”

(CCIP).

5. “Department” or “CDOT” means the State of Colorado, Department of Transportation, or any duly authorized representative thereof.

6. “Design-Build Contract” means the same as provided in section 43-1-1402(3), C.R.S. It means the procurement of both the design and the construction of a Transportation Project in a single contract with a single Design-Build Firm or a combination of such Firms that are capable of providing the necessary design and construction services.

7. “Design-Build Firm” means the same as provided in section 43-1-1402(4), C.R.S. It means any company, Firm, partnership, corporation, association, joint venture, or other entity permitted by law to practice engineering, architecture, or construction contracting in the State of Colorado.

8. “Firm” means the same as “Design-Build Firm”.

9. “Invitation for Bid” (IFB) is a request for bids from prospective Firms when a Two-Phase Design-Build Process is not being utilized.

10. “Project” means the Transportation Project to be designed and constructed as described in the public notice.

11. “RFP” means Request for Proposal.

12. “RFP Technical Review Process” means the process established by CDOT to evaluate and rate Technical Proposals.

13. “RFQ” means Request for Qualifications.

14. “RFQ Review Process” means the process established by CDOT to evaluate the Statements of Qualifications and select the Design-Build Firms that will be invited to submit a proposal in response to an RFP.

15. “Scope of Work” means information CDOT provides or furnishes in the RFQ and RFP that describes the Project work and provides Firms with all essential Project requirements.

16. “Statement of Qualifications” (SOQ) means the SOQ described in section 24-30-1403(1), C.R.S.

17. “Stipulated Fee”, or stipend, means the fee described in section 43-1-1407, C.R.S.

18. “Transportation” means the same as provided in section 43-1-102(6), C.R.S. It means transport of persons or property by motor vehicle, bus, truck, railroad, light rail, mass transit, airplane, bicycle, or any other form of transport, and it includes pedestrian Transportation.

19. “Transportation Project” means the same as provided in section 43-1-1402(5), C.R.S. It means any Project that CDOT is authorized by law to undertake including, but not limited to, a highway, tollway, bridge, mass transit, intelligent Transportation system, traffic management, traveler information services, or any other Project for Transportation purposes.

20. “Two Phase Design-Build” means the use of a Two Phase (RFQ and RFP) process to select the most highly qualified Firms to submit a proposal and to award a Design-Build Contract with the Best Value. “Two Phase Design-Build” means the same as “Adjusted Score Design-Build Contract Process”, as described in section 43-1-1406 (b), C.R.S.

Section 5 - Subcontracting CDOT will identify appropriate procedures and goals for participation of subcontractors and small businesses, including DBEs and ESBs, in all Design-Build Project contracts. Such procedures and goals will be specified in the specifications or the IFB/RFQ/RFP for each Design-Build Project.

Section 6 - General Requirements for Design-Build Firms Firms must comply with the requirements of CDOT, as set forth in the IFB/RFQ/RFP or specifications for the Project. Such requirements shall include, without limitation, the following:

1. Nothing in the Rules shall limit or eliminate the Firm's responsibility or liability to CDOT or to third parties under applicable law.

2. If at any time during the Design-Build selection process or after award of the contract a Firm wishes to delete or substitute members of the Firm or subcontractors that the Firm had specifically identified by name in its response to the IFB/RFQ/RFP and CDOT had considered in its evaluations, it must request and receive written approval from CDOT.

To qualify for CDOT approval, the Firm's written request must provide acceptable documentation that the proposed change will be “equal to or better than” that described in their response to the IFB/RFQ/RFP. CDOT will use the criteria specified in the IFB/RFQ/RFP to evaluate the request.

Unauthorized changes to members of the Firm or subcontractors, that the Firm had specifically identified in its response to the IFB/RFQ/RFP and CDOT had considered in its evaluations, at any time during the Design-Build selection process (IFB/RFQ/RFP) may result in the elimination of the Firm from further consideration.

4. Prior to the execution of a Design-Build Contract for a Project, the Firm or combination of Firms that was selected to perform the Project shall exist in the legal status in which it will perform the Project.

For example, if two or more Design-Build Firms submit a proposal as a joint venture or a Limited Liability Company, the Firms must legally exist as a joint venture or a Limited Liability Company prior to the execution of a Design-Build Contract for the Project.

5. Any Design-Build Firm, regardless of its organizational structure, must comply with all applicable requirements of section 12-25-104, CRS, and other related statutes and implementing Rules of the State Board of Registration for Professional Engineers, as they may be amended. A registered professional engineer of the Design-Build Firm, however it may be organized, must always be in “responsible charge of, and directly responsible for” the design plans for the Project , as provided in section 12-25-104, CRS, and implementing Rules.

Section 7 - Conflict of Interest 1. CDOT will award a Design-Build Contract only to a Firm that does not have impaired objectivity or an unfair competitive advantage, due to any interest of the Firm that creates an actual conflict or a significant potential conflict with the proposed contract.

2. Except as provided below, any consultant shall be disqualified from submitting a proposal on a Project, or from acting as a subconsultant or subcontractor on a Project, if CDOT determines that the consultant has such a conflict, including in the following situations:

a) it develops the Scope of Work for a Design-Build Project; or, b) it develops the RFQ or RFP for the Project; or, c) it performs 20% or more of the Preliminary Engineering on the Project.

3. Any consultant that is so disqualified may still be part of any CDOT oversight team for the Project, if CDOT deems it appropriate.

Section 8 - Scope of Work The Scope of Work will be detailed enough to permit qualified Firms to submit responsive proposals in accordance with the RFP. Applicable standards and specifications to be used will be identified in the IFB or the RFQ

Section 9 - Selection 1. Based on the evaluation of proposals, CDOT recommends selection of a Firm to the Chief Engineer.

2. Chief Engineer approves award of the contract to the Firm selected.

3. The Chief Engineer, or designee, gives written notice to the Firm which has been selected to be awarded a contract for the Project and notifies the other Firms which submitted RFP proposals that they were not selected.

Section 10 - Award and Contract 1. CDOT may use any basis for awarding a Design-Build Contract that it deems appropriate if the basis for awarding such contract is adequately described in the specifications for the Transportation Project or the RFP. Such bases may include, without limitation, the following:

a) Best Value. Award to the responsible Firm whose responsive proposal is evaluated as providing the Best Value to CDOT, based on any adjustment factors and method and formula CDOT determines appropriate and includes in the specifications or IFB/RFP.

b) Two Phase. The Two Phase process consists of the use of an RFQ to short-list qualified Firms, and the use of an RFP to evaluate qualitative technical proposals and price proposals to determine the lowest adjusted score and to select and award the contract.

c) Low Bid. The Low Bid Process is a 2-step process that results in an award to the responsible Firm offering the proposal that is the lowest priced and that is also technically responsive.

If the Project solicitation includes a mandatory minimum technical level, no proposal shall be considered responsive unless it meets that level.

d) Fixed Price. In lieu of requiring qualitative technical proposals and price proposals, CDOT may establish a fixed dollar budget for the Project in the RFP, and require submission of only qualitative technical proposals, price being fixed for all proposors. In this approach, award is made to the proposal receiving the highest qualitative score.

2. CDOT will choose the specific price structure or combination of price structures that is in CDOT's best interests based on the specific requirements for each individual project.

3. CDOT is not required to award a contract as a result of an IFB or an RFP. If CDOT does award a contract, a contract shall be executed and a notice to proceed shall be given to the successful Firm.

Section 11 - Two Phase Design-Build Contract Process CDOT may use the Two Phase Design-Build Contract Process to award a Design-Build Contract. These procedures are for Projects, where some preliminary design work has been performed, where the Scope of Work is general and flexible, and where an end result that the Department wants to achieve is identified. Two Phase Design-Build procedures consist of two Phases, in which CDOT will issue two solicitations in sequence: Phase One is a Request For Qualifications (RFQ); and Phase Two is a Request For Proposals (RFP).

A. Phase One: Request For Qualifications 1. The Phase One RFQ procedure will solicit SOQs from interested Design-Build Firms. The RFQ procedure will determine the most highly qualified Firms with the capabilities to successfully deliver the Project. CDOT will publish a notice of an RFQ at least 45 days prior to the anticipated date for award of a contract to a Firm under the RFP process.

2. The RFQ shall include:

a) A Scope of Work Statement;

b) A description of the elements that will be evaluated; and c) The basis and factors upon which the most highly qualified Firms will be determined and any other requirements for the submittal of a SOQ.

3. Firms that desire to submit Phase Two RFP proposals on a Transportation Project shall submit a Phase One SOQ setting forth: the qualifications of the Firm, its key personnel, information on the Firm's technical approach; and any other information required by the RFQ.

4. CDOT will establish an RFQ Review Process which shall:

a) Evaluate the SOQs submitted in response to the RFQ;

b) Determine and short-list the most highly qualified Firms in accordance with the RFQ.

c) CDOT will short-list the most highly qualified Firms not less than 10 days, nor more than 60 days, after the deadline for submission of SOQs. Firms to be short-listed shall be determined by the relative ability of each Firm to perform the services required for each Project, as addressed in the SOQs, and based upon the evaluation factors stated in the RFQ.

5. The Chief Engineer, or designee, will notify all responding Firms of their ranking, and will invite those short-listed Firms to submit a proposal in accordance with the RFP.

6. The SOQ shall not include cost or price information.

7. The maximum number of Firms to be short-listed during the RFQ process and invited to submit a proposal in response to an RFP, shall be specified in the RFQ. The minimum number shall be two Firms. If less than two Firms submit SOQ's, or if less than two Firms are short-listed during the RFQ process, the selection process shall be terminated and the Project delivery method shall be re-evaluated by CDOT.

8. Only Firms that have been short-listed during the RFQ process will be allowed to submit a proposal in response to an RFP.

B. Phase Two: Request for Proposal 1. The Phase Two RFP procedure will solicit proposals from the Firms short-listed in the Phase One RFQ procedure.

2. CDOT will issue an RFP as soon as practicable after completion of the RFQ process, but not more than 90 days after short-listing Firms in the RFQ procedure. If CDOT first issues a draft RFP, the date for issuing a final RFP shall be extended the same amount of time as that used for the draft RFP process. The specific timeline for such issuance will be described in the RFQ.

3. The RFP may include, without limitation:

a) the Scope of Work;

b) instructions;

c) bid proposal forms;

d) provisions for contracts;

e) general and special conditions;

f) basis for evaluation of proposals;

g) procedures to be followed for submitting proposals;

h) the criteria for evaluation of proposals and their relative weight, and the procedures for making awards;

i) proposed terms and conditions for the Design-Build Contract;

j) description of the drawings, specifications, or other submittals to be submitted with the Proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that will be acceptable;

k) a schedule for planned commencement and completion of the Design-Build Contract;

l) budget limits for the Design-Build Contract, if any;

m) requirements for performance bonds, payment bonds, and insurance;

n) amount of the Stipulated Fee (Stipend), if any; and o) any other information that CDOT in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs, or references to public records.

4. The RFP shall require submittal of a proposal meeting the requirements specified in the RFP. The proposals must be received by CDOT by the deadline specified in the RFP, which deadline shall be not less than 10 days after issuance of the RFP.

5. The proposal shall be in two parts: a Technical Proposal; and a separate Price Proposal.

6. The Technical Proposal shall include all information requested in the RFP.

7. The Price Proposal shall include a price for the completed Project. The Price Proposal shall also include a price for each of the salient features of the Project, if so specified in the RFP.

8. The Technical Proposals and Price Proposals shall be evaluated separately, in accordance with the evaluation factors and process set forth in the RFP. Only after the Technical Proposals evaluation is final will CDOT open the Price Proposals.

9. The RFP may require technical proposals to meet a mandatory minimum technical level, and the RFP may include a request for alternative proposals.

10. CDOT will establish an RFP Technical Review Process for each Transportation Project.

11. CDOT shall consider the nature of the elements being evaluated and the evaluator's qualifications when selecting members for the RFP evaluation teams.

12. CDOT may make refinements in scope and price of the Project without invalidating the Two Phase Design-Build Process.

13. The relative weight or value of the Price Proposal, and the method or formula that will be used to measure and evaluate the Price Proposal (together with any adjustments thereto), and to integrate the price proposal with the Technical Proposal for ranking of the Proposals, will be clearly defined and described in the RFP or in the Project Specifications.

14. CDOT will complete evaluation of Proposals and select the Firm to be awarded the contract under the RFP as soon as practicable, but not later than 180 days after the date Proposals are required to be submitted. If a Best and Final Offer (BAFO) is requested, the date for selection shall be extended the same amount of time as that used for the BAFO process.

15. CDOT may award the Design-Build Contract without formal discussions, based solely on the initial Technical and Price Proposals. Alternatively, CDOT may hold formal discussions with all Firms and offer all Firms an opportunity to submit a Best and Final Offer (BAFO).

16. Selection of a proposal shall be by written notice to the Firm that submitted the accepted proposal. At the same time that notice of selection is sent, CDOT shall also send to the other Firms a written notice that their proposals were not selected.

17. CDOT may pay a stipend to the Firms that submit responsive proposals under the RFP, but that are not awarded the Design-Build Contract, provided the Project solicitation is not cancelled and the Project is awarded.. Whether a stipend will be paid, and the amount of the stipend (if any), shall be identified in the RFQ and the RFP.

If CDOT notifies proposers that it will pay a stipend on a particular design-build project, as described in the project advertisement or specifications, the submission of a proposal by a Firm in response to such advertisement or specifications will constitute the firm's acceptance of the stipend as full payment for. and as an irrevocable transfer to CDOT of sole ownership of, all technical solutions/design concepts contained in the proposal.

After submission of a proposal in response to such notice, the acceptance of the stipend by the proposer and the transfer to CDOT of such ownership right shall be mandatory, and automatic, and the proposer shall not have the option to refuse the stipend and not transfer ownership.

When a stipend is paid to a Firm, CDOT shall own and shall have the unlimited right to use on any Transportation Project all or any part of the technical solutions/design concepts contained in such proposals.

18. At the time of award, CDOT may also negotiate minor changes with the selected Firm for the purpose of clarifying the design criteria and work to be done, provided that the negotiated changes do not affect the ranking of the proposals based on their adjusted scores.

Section 12 - Pre-Proposal Inquiries 1. In cases where an RFP raises questions or concerns from Firms or may require interpretation, before proposals are submitted, all Firms known to be participating must be given an opportunity to ask questions and to receive answers or clarifications. This may be accomplished by use of a preproposal conference, via a formal inquiry period, or a combination of options. If any of these options is anticipated, the RFP shall so state and shall list appropriate dates, times and locations.

2. Pre-proposal conferences may be mandatory or optional, as stated in the RFP. However, if such meetings result in any material changes to the Scope of Work or otherwise affect the manner or form of response, all Firms known to be participating will be notified in writing of any such change.

3. If responses to inquiries result in any material changes to the Scope of Work or otherwise affect the manner or form of response, all Firms known to be participating will be notified in writing of any such change.

4. When such written notice is given, Firms will be afforded a reasonable amount of time to review these materials, to contemplate any consequences and to consider the content for inclusion in their proposals.

Section 13 - Formal Discussions 1. CDOT intends to evaluate proposals and to award Design-Build Contracts without formal discussions unless CDOT determines, in its discretion, that formal discussions are needed.

2. After proposals are submitted, CDOT may engage in formal discussions with Firms if CDOT determines that such discussions are needed for any of the following reasons:

a) to promote understanding of CDOT's requirements and of the proposals;

b) to clarify initial proposals, identify deficiencies in initial proposals, or resolve ambiguities or mistakes in initial proposals, to insure conformance of proposals with the Project work requirements; or c) to facilitate the development of a Design-Build Contract that will be most advantageous to CDOT, taking into consideration price and the other evaluation factors set forth in the RFP.

3. If CDOT determines that such discussions are needed, the following procedures will apply:

a) The content and manner of formal discussions is a matter of CDOT's judgment, at its discretion.

b) If formal discussions are held, CDOT shall not disclose information or details of competing RFP proposals, or furnish information about a Firm's construction techniques, processes, strategies or equipment, or engage in auction techniques, during such formal discussions. “Auction techniques” include: a) indicating to a Firm a cost or price it must meet to obtain further consideration; or b) advising a Firm of its price standing relative to another Firm; or otherwise furnishing information about other Firm's prices.

c) If formal discussions are held with one RFP Firm, they will be held with all RFP Firms but CDOT will conduct separate discussions with each Firm. All RFP Firms shall be accorded fair and equal treatment in discussion and revision of their proposals.

d) CDOT may also contact an individual Firm regarding minor clarifications in a proposal. A minor clarification, must be one that does not result in any changes, additions or deletions to the initial proposal. Such a contact will not be considered a formal discussion for purposes of this section.

Section 14 - Best and Final Offer (BAFO)

1. If formal discussions are held regarding RFP proposals, best and final offers (BAFOs) will be requested by CDOT in order to provide each RFP Firm a reasonable opportunity to submit, in writing, revised technical or price proposals that may result from the formal discussions.

2. The request for BAFOs shall include the following:

a) notice that formal discussions are concluded:

b) notice that this is the opportunity to submit a best and final offer;

c) a common cutoff date and time that allows a reasonable opportunity for submission of written best and final offers; and d) notice that if any modification is submitted, it shall be received by the date and time specified and is subject to the Late Submissions, Modifications, and Withdrawals of Proposals provision of the solicitation.

3. After receipt of BAFOs, CDOT will not reopen formal discussions, and the BAFO's will be the basis for any award.

4. If BAFO's requested, they will be the basis for award and will be evaluated as stated in the RFP, based on a consideration of the revised technical and price proposals.

Section 15 - Low Bid Design-Build Process 1. CDOT may also use Low Bid Design-Build procedures to award a lump sum Design-Build Contract.

The Low Bid Design-Build procedures are used for Design-Build Projects, where the Scope of Work can be clearly defined and a portion of the design of the Project has been completed and will be provided to the bidder Firms.

2. CDOT may use any Low Bid Design-Build procedures that it describes in the Project Specifications or in the IFB. Such procedures may include, without limitation, the following:

a) Low Bid Design-Build Projects may not require an RFQ, or short-listing of proposals, or an RFP. For Low Bid Design-Build Projects, CDOT will issue an Invitation for Bids (IFB).

b) Low Bid Design-Build procedures include a 2-step sealed bid process. Submitted proposals must include, separately, a Technical Proposal and a Price Proposal.

c) The first step is the review of the Technical Proposal. CDOT will open the Technical Proposal first and will determine if it complies with the requirements of the IFB and is responsive.

d) The second step is the determination of the low bidder based on the Price Proposal. CDOT will not open the Price Proposal until the review of the Technical Proposal is complete.

e) Award under Low Bid Design-Build procedures will be made to the sealed bid that is responsive to the technical requirements and that is also the lowest bid.

f) For Transportation Projects using Low Bid Design-Build procedures, the construction contractor must be prequalified under the Department's existing Bidding Rules procedures, as provided in 2 Code of Colorado Regulations 601-10, and any engineering consultant that completes the design for the Low Bid Design-Build Project must have previously filed an acceptable Statement of Qualifications with the Department as provided in section 24-30-1403(1), C.R.S.

3. The public notice advertisement for the Low Bid Design-Build Project may vary the deadline within which price and technical proposals must be submitted by bidder Firms for a particular Project, based upon the percent of completed design provided by CDOT to interested bidder Firms in the bid documents. The minimum time shall be not less than 35 days from the date of the notice.

Section 16 - Other Procedures/Specifications 1. The general procedures for Design-Build Contracts that are described in the Rules are not intended to be all-inclusive. CDOT may also implement other procedures for Design-Build Contracts, including Project-specific procedures that will be described in the Contract documents.

2. Such other procedures may include, without limitation, a selection procedure for a “value of time adjustment” where a Project will operate under time constraints. That adjustment will be based on the Firm's proposed number of days to complete the Project, multiplied by a value per day established by the Department in the Scope of Work Statement, i.e., number of days multiplied by the dollar value per day equals the price proposal adjustment (increase).

Section 17 - Bid Security and Performance and Payment Bonds 1. At a minimum, CDOT will require a bid bond for each Design Build Project as provided by applicable law. Further, the Chief Engineer shall have the right to establish the amount of the bid bond for each individual Design Build Project as determined to be appropriate to protect the interests of CDOT and as described in the IFB/RFQ/RFP for that project.

2. At a minimum, CDOT will require payment and performance bonds for each Design Build Project as provided by applicable law. Further, the Chief Engineer shall have the right to establish the amount of the payment and performance bonds for each individual Design Build Project, or on any particular part(s) or phase(s) thereof determined to be appropriate to protect the interests of CDOT and as described in the IFB/RFQ/RFP for that project.

3. Any payment and performance bonds that are required shall cover all of the work responsibilities under the Design-Build Contract, including any and all necessary professional architecture and engineering services.

4. The amounts of the bid bond and payment and performance bonds for a particular project shall be specified in the IFB/RFQ/RFP/Project Specifications and the performance and payment bonds must be provided on the forms included therein.

Section 18 - Controlled Insurance Program 1. CDOT may implement and use an Owner Controlled Insurance Program (OCIP) or Contractor Controlled Insurance Program (CCIP) for a Transportation Project, or any other alternative Controlled Insurance Program (CIP) approved by the Chief Engineer, in accord with terms and conditions as the Chief Engineer determines appropriate and in the best interests of the State.

2. As part of an OCIP, CDOT may assess charges to the Firm and subcontractors to pay their respective shares of the cost of such insurance, and CDOT may provide financial incentives to the Firm and subcontractors if savings are realized from reduced claims under the OCIP.

Section 19 - Warranty/Long-Term Maintenance The Project Scope of Work may include Warranties/ Long-term Maintenance. The Warranties/Long-term Maintenance, if required, will be addressed in the RFP.

Section 20 - Preparation of Specifications CDOT may use any method of specifying construction items which the Chief Engineer determines is in the best interest of CDOT.

Section 21 - Cancellation of Solicitation: Rejection of Proposals 1. CDOT may cancel any Design-Build solicitation or reject any or all Design-Build proposals in whole or

part, in the same manner as described in section 24-103-301, C.R.S., and implementing Rules of the Colorado Procurement Code, when the Chief Engineer determines that such action is in CDOT's best interest.

2. CDOT shall have the right to reject any and all proposals, except for the purpose of evading the provisions and policies of the Rules.

3. CDOT may thereafter solicit new proposals using the same or different requirements.

Section 22 - Protests 1. Subject to the changes described below, CDOT hereby adopts as part of the Rules the procedures and requirements described in sections 24-109-101 through 24-109-404, C.R.S., regarding prelitigation resolution of proposal/bid protests and other contract controversies. A copy of those C.R.S. sections shall be made available by CDOT upon request.

2. CDOT will use such procedures and requirements to resolve a protest of any RFP Firm or bidder or Firm who is aggrieved in connection with the solicitation, or the intended decision of CDOT to award, or the award, of a Design-Build Contract, as well as to resolve any other contract controversies concerning its procurement of Design-Build Contracts.

3. For purposes of these Design-Build Rules, the following changes are made to such procedures and requirements:

a) “head of a purchasing agency” shall mean CDOT's Chief Engineer;

b) “executive director” shall mean CDOT's Executive Director;

c) “contract” shall mean Design-Build Contract;

d) “the state” shall mean CDOT;

e) “rules of procedure” or “this code” shall mean these Design-Build Rules;

f) “protesting bidder or offeror” shall be limited only to an RFP Firm or to a bidder under the Low Bid process;

g) Under section 24-109-104, C.R.S., the phrase “reasonable costs incurred in connection with the solicitation, including bid preparation costs” shall be limited to the amount of such costs, less the amount of any stipend that CDOT elects to award to Firms/bidders that submit responsive proposals but that were not awarded the contract for a particular Project. If the protesting party has received or will receive such a stipend on the Project for which the protest is filed, then the amount of that stipend shall be deducted from the total amount of the reasonable costs awarded to the protesting party if it prevails. The stipend shall be regarded as part payment of such costs. No other costs shall be permitted to be recovered, and reasonable costs shall not include attorney fees.

Recovery of such reasonable costs shall be the sole and exclusive remedy of a prevailing protesting party, and injunctive relief shall not be allowed.

h) Any aggrieved RFP Firm, or bidder, who files a protest of the solicitation or award of a Design- Build Contract shall post with CDOT, at the time of filing the protest, a bond payable to CDOT in an amount equal to one percent of the lowest priced proposal/bid submitted, or a minimum of $100,000, whichever is greater.

i) If CDOT prevails after completion of the administrative protest procedure described above and any appellate court proceedings, CDOT shall be entitled to recover all reasonable costs and charges it incurred and that are included in the final order or judgment, excluding attorney fees. Upon payment of such costs and charges by the protester, the bond shall be returned.

j) If the protesting party prevails after completion of the administrative protest procedure described above and any appellate court proceedings, the bond shall be returned, and the protesting party shall be entitled to recover from CDOT the reasonable costs incurred in connection with the solicitation, including proposal/bid preparation costs, except as otherwise limited by this section.

k) The entire amount of the bond shall be forfeited if the CDOT Executive Director, or designee, determines that a protest was filed for a frivolous or improper purpose, including but not limited to, the purpose of harassing, causing unnecessary delay, or causing needless cost for CDOT or other Firms/bidders.

l) All protest bonds, to be acceptable, must be made payable to CDOT, and must be signed and sealed by the protesting party and surety. Such bonds must bind the protesting party and surety and be conditioned upon the satisfaction of any cost and charges included in any final order of judgment or appellate proceedings, in the event that CDOT prevails. In lieu of a bond, the protester may submit a cashier's check or bank money order made payable to CDOT, which monies will be held in trust by CDOT. Protest bond forms may be obtained from CDOT.

m) CDOT shall be deemed the prevailing party if the protesting party withdraws the protest at any time before entry of the final order. _________________________________________________________________________ Editor’s Notes

History

2 CCR 601-16 Harvesting of Native Grasses Within Highway Rights-of-Way {#sec-2-ccr-601-16 omnilex-key=us-co-regs-official--department-21--2 CCR 601-16}

DEPARTMENT OF TRANSPORTATION

Transportation Commission HARVESTING OF NATIVE GRASSES WITHIN STATE HIGHWAY RIGHTS-OF-WAY 2 CCR 601-16 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose and Statutory Authority The specific authority to promulgate these Rules is provided to the Department of Transportation by § 43- 1-210.5, C.R.S. (2011). These Rules allow persons, firms or corporations that own land adjacent to State Highway Rights-of-Way to obtain a Permit from the Department so that such persons may use Rights-of- Way for Harvesting of native grasses and hay. The Rules Governing Harvesting of Native Grasses within State Highway Rights-of-Way were adopted in April 2003. The rationale for amending the Rules is based on the fact that very few permits were requested since the time the Rules went into effect. The Department, in keeping with the Governor’s initiative to lessen regulations where possible, is amending the Rules to provide greater opportunity for Harvesting on Colorado’s Rights-of-Way, by making the requirements less restrictive, and by expanding the area that may be harvested with a single Permit. 1.00 Definitions 1.01 “Abutting” shall mean any land or portion thereof which adjoins a State Highway. 1.02 “Adjacent Landowner” shall mean the person or persons, firm or corporation entitled to the ownership and possession of real property abutting a State Highway. 1.03 “Agricultural Uses” shall mean the cutting, baling, and removal of hay and grasses only. 1.04 “Applicant” shall mean a person, firm, corporation or other entity which owns an interest in the property adjacent to the State Highway ROW for which the Harvesting Permit is sought. 1.05 “Department” or “CDOT” shall mean the Colorado Department of Transportation established pursuant to § 43-1-103, C.R.S. 1.06 “Environmentally Restricted Areas” shall mean areas where no Harvesting is allowed due to threatened and endangered species or their habitat, wetlands or other areas of concern that may exist. 1.07 “Expressway” shall mean a physically-divided highway with partial control of access generally having grade separations at major intersections. 1.08 “FHWA” shall mean the Federal Highway Administration, the U.S. Department of Transportation. 1.09 “Harvesting” shall mean cutting of native grasses and hay, through mechanical means only, removing them from the ground by baling, and removing the bales from the State Highway Rightof-Way. 1.10 “Interstate Highway” shall mean any highway included as a part of the National System of interstate and defense highways as authorized and designated in accordance with section 7 of the "Federal-Aid Highway Act of 1944" and any other subsequent acts of Congress. For purposes of these Rules, no Permit shall be granted for ROW adjacent to an Interstate Highway. 1.11 “Local Authority” shall mean a county, city and county, or municipality. 1.12 “Median” shall mean the area of Right-of-Way from the inside shoulder of one lane of a divided highway to the inside shoulder of the opposite lane. 1.13 “Municipality“shall mean a city or town incorporated pursuant to Colorado law, and any city, town, or city and county which has chosen to adopt a home rule charter pursuant to the provisions of

Article XX of the State Constitution. 1.14 “Permittee” shall mean a person, firm, corporation or other entity which owns an interest in property adjacent to the State Highway Rights-of-Way and has obtained a Permit from CDOT to harvest grasses on the ROW. 1.15 “Of Public Record” shall mean the Department’s control of the Right-of-Way must be on record at the appropriate County Clerk and Recorder’s Office. 1.16 “Parcel” shall mean the area of CDOT controlled Rights-of-Way which CDOT has granted a Permit to the Permittee to harvest native grasses. The Parcel shall not be greater than five segments of ten miles per segment. 1.17 “Right-of-Way” or “Rights-of-Way” or “ROW” shall mean the entire width between the boundary lines of every Right-of-Way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state. 1.18 “State Highway” shall mean a highway that is part of the State Highway system under the jurisdiction of the Department. 1.19 “Survey Monument” shall mean the object or physical structure installed in the ground, including witness posts, for the purpose of performing a land survey. 2.00 Submitting, Approving, and Reapproving a Permit Application 2.01 Who May Apply for a Permit. 2.01.1 The Department may issue a Permit to an Applicant if the Permittee has an ownership interest in real property, at least a portion of which adjoins a portion of the ROW for which the Applicant is seeking a Permit. 2.01.2 The Permittee may apply for a Parcel that may include up to five (5) ten (10) mile segments, one of which must be adjacent to a portion of the Permittee’s property. 2.01.3 The Permittee must provide written notice thirty (30) days prior to the commencement of Harvesting under the Permit to those landowners who own property adjacent to Rightsof-Way within the Parcel subject to the Permit. CDOT may request to review proof of adequate notice. 2.01.4 The Permittee must have obtained rights to an existing legal access to Harvest the Parcel.

No new access shall be granted by CDOT specifically for Harvesting operations. 2.02 Parcel(s) for which Permits May be Issued. 2.02.1 The control of the State Highway Right-of-Way must be Of Public Record as established by CDOT prior to issuing the Permit. 2.02.2 The area of the State Highway Right-of-Way which may be Harvested by Permit is limited to the area from the Right-of-Way line/fence no less than fifteen (15) feet from the edge of the paved roadway shoulder. All Harvesting operations must be conducted at least fifteen (15) feet from the paved roadway shoulder. 2.03 Parcel(s) for which Permits May Not Be Issued. 2.03.1 Newly seeded areas (within the past two growing seasons), or newly constructed sections of State Highway. 2.03.2 Rights-of-Way where adequate vegetation is not yet established. 2.03.3 Rights-of-Way with sparse or marginal vegetative cover. 2.03.4 Rights-of Way with highly-erosive slopes or waterways. 2.03.5 Rights-of-Way with a slope greater than 3ft. horizontal (run) to 1 ft. vertical (rise). 2.03.6 Areas requiring environmental restrictions as identified during the environmental clearance conducted prior to approval of the Harvesting Permit. 2.03.7 Rest areas, or other locations designated by the Department. 2.03.8 Any Median separating traffic lanes on a State Highway. 2.03.9 Areas under construction. 2.03.9.1 Permits in existence at the time that construction begins shall be suspended during the term of the construction with appropriate notice given to the Permittees. 2.03.9.2 Permits will automatically be reinstated for the remaining period on the original Permit upon completion of the construction and corresponding notice to given to the Permittees. 2.03.10 On any Interstate Highway Right-of-Way. 2.03.11 Land controlled by the federal government. 2.04 Time Frame for Harvesting and Permit Length. 2.04.1 Permits shall be valid for five (5) years commencing on the issuance date of the Permit and may be renewed for additional five (5) year periods or for shorter periods at the discretion of CDOT. 2.04.2 Operations will be permitted between 8 a.m. and 4 p.m. Work shall not be performed on Saturdays, Sundays, or holidays without prior authorization or unless otherwise specified in this Permit. 2.04.3 CDOT may restrict work within ROW during adverse weather conditions or during periods of high traffic volume. 2.04.4 Harvesting shall not occur between the first day of April and the 15th day of August, due to requirements of the Division of Wildlife memorialized in a Memorandum of Agreement. 2.05 Submission and Contents of Permit Application. 2.05.1 The Department encourages the Permittee to apply at least 90 days prior to the actual time the Permittee may wish to conduct the Harvesting operation to avoid potential delays. 2.05.2 Application packages may be obtained from the Department at the appropriate Regional Traffic Section Permit Office or on CDOT’s website. 2.05.3 The Permit application shall be submitted in a manner consistent with the directions in the Permit materials provided by the Department. 2.05.4 The Permit application shall include all information required by the Department as stated within the Permit application and instruction materials provided by the Department and in conformance with the Rules and the enabling statute. 2.05.5 The Permit application shall be submitted to the appropriate Department’s Regional Office listed on the Harvesting Permit application. 2.05.6 The application must contain the acknowledgement that the Permittee is responsible to repair and mitigate any damage to existing utility and other installations that may be present on the State Highway ROW during the Harvesting operation. 2.05.7 The Permittee shall submit a non-refundable Application Fee of $100.00 per mile of State Highway Right-of-Way. Payment shall be made by certified check made out to CDOT. 2.05.8 The Department will not pro-rate application fees based on Parcel(s) lengths of less than one mile of State Highway ROW. 2.05.9 The effective date of an application transmitted by U.S. mail, electronic mail or by hand delivery shall be the date and time of receipt stamped on the application by the 3.00 Environmental Clearance Required Prior to Issuance of Permit 3.01 The Department shall conduct and prepare an environmental clearance for all areas of the State Highway Right-of-Way for which the Permittee is requesting a Permit. 3.02 In the process of clearing requested parcels, the Department may delineate areas designated as “No Harvesting Allowed” to preclude work or driving equipment through areas that may be Environmentally Restricted Areas. These areas will be delineated and marked by the Department before any Harvesting can take place and all environmental restrictions shall be delineated on the Permit. 4.00 Ingress and Egress 4.01 Access to the permitted State Highway Right-of-Way shall be from existing legal access only. 4.02 Under no circumstances may the Permittee or the Permittee’s agent enter or leave the permitted Harvesting area using the main traveled-way of the State Highway. 4.03 It is the Permittee’s obligation to obtain all necessary easements and permission, and any additional documents necessary by law to allow access to each segment within the permitted Parcel(s). 4.04 The removal of fences to facilitate ingress and egress to the State Highway Right-of-Way is strictly prohibited. If temporary removal of a private fence is necessary to access the ROW, the fence must be restored in its original location at the end of each day or as agreed to in an agreement with the property owner. The Permittee is responsible for any damages resulting from failure to restore the fence in its proper location and in its original condition. 4.05 The Department is not responsible for providing any access to the permitted Parcel aside from the existing accesses previously permitted by the Department. 4.06 Parking, loading and/or off-loading of equipment on the paved shoulders of the State Highway is prohibited. 4.07 All traffic laws shall be complied with during the Harvesting operation. 4.08 Permittees are not allowed to access the State Highway under any circumstances from the Harvest area. 4.09 The Permittee (including the Permittee’s lessee or contractor) shall coordinate all Harvesting activity with the Department’s local maintenance patrol. Traffic control devices in the form of “Shoulder Work Ahead” or “Mowing Operations Ahead” signs are required. The Department will provide and install such signs upon 48 hours notification to the appropriate maintenance patrol.

The appropriate maintenance patrol contact information will be provided within the issued permit. 5.00 General Terms and Conditions of Permit 5.01 All Harvesting operations shall be done in accordance with these Rules, the terms set forth in the Permit and state and federal law. 5.02 Any agent, assign, employee, lessee or contractor of the Permittee, performing work under a Permit is subject to the all provisions of these Rules. 5.03 Harvesting by the Permittee is done with the full knowledge that the vegetation may contain chemical residue from vehicles and chemical herbicides used for vegetative control. 5.04 The Permittee shall cease Harvesting operations anytime that dust and debris are blowing onto the highway impairing visibility and traction for motorists until such conditions improve. 5.05 The Permittee is responsible to ensure no damage occurs to existing utility and other installations that may be present on the State Highway Right-of-Way during Harvesting. 5.06 The Department reserves the right to issue utility permits allowing installation of utilities in the State Highway Rights-of-Way. 5.07 The Permittee shall not interfere with utility installations which will take precedence over any Harvesting activity. Any utility installation may destroy significant portions of any individual year’s crop. Neither the Department nor the utility company shall have any liability to the Permittee for such damage. 5.08 The Department shall not be liable for the quality of the Harvested hay or grasses obtained through this permit. 5.09 The Department does not guarantee any specific yield of hay or grasses in any given growing season whether impacted by utility installations, construction, drought or any other contributing factor. 5.10 No person, firm or corporation shall Harvest any portion of the State Highway Right-of-Way and keep the cuttings from such Harvesting without first obtaining a written Permit from the 5.11 The Permittee shall notify the Department in writing if the Permittee intends to cease Harvesting operations and ceases performance under the Permit. 5.12 The granting of the Permit conveys no right, title, or interest to the Permittee in the State Highway Rights-of-Way. 6.00 Conditions of Harvesting and Baling Requirements 6.01 Harvesting through the use of mechanical means is the only agricultural use permitted by these Rules. 6.02 No animals shall be permitted on the State Highway Rights-of-Way. Fencing shall be maintained to prevent animals from gaining access to State Highway ROW. 6.03 The Permittee shall not allow any person onto the State Highway Right-of -Way who is not contributing to the actual Harvesting operation. 6.04 No plowing, tilling or disturbing the soil in any fashion, planting any seeds or seedlings, spraying any pesticides or herbicides or conducting any irrigation of any type shall be allowed by the Permit or Rules on the Department’s State Highway Rights-of-Way. 6.05 Operations will be permitted only when soil is dry enough to prevent rutting to or damage to the Rights-of-Way. 6.06 While operating on State Highway Rights-of-Way, Harvesting equipment shall display flashing yellow lights and slow-moving vehicle placards. 6.07 The Permittee must cut the native grasses and weeds around signs, improvements, and appurtenances as closely as possible. 6.08 All hay to be removed shall be baled. 6.09 All bales within thirty (30) feet of the traveled-way shall be removed immediately. 6.10 All bales shall be removed within ten (10) days, or they will be removed by the Department without compensation to the Permittee. 6.11 Unattended equipment must be parked as near as possible to the Right-of-Way fence line, and may not be left unattended within thirty (30) feet of the traveled-way under any circumstances. All equipment shall be removed from the State Highway Right-of-Way at the end of each day of Harvesting. Equipment may not be stored overnight on the State Highway Right-of-Way. 6.12 Upon completion of operations, the Parcel subject to the Permit shall be left in a clean and neat condition. 7.00 Insurance and Liability 7.01 Each Permittee must provide General Liability Insurance for the Permittee. Permittee must also require that any and all lessees and/or contractors the Permittee may use for Harvesting hay maintain General Liability Insurance. Provisions for all required general liability policies are listed below: 7.01.1 Limits: $1,000,000 per occurrence $2,000,000 aggregate $2,000,000 products/completed operations aggregate 7.02 The policy shall include the Department as an additional insured and contain a waiver of subrogation on behalf of the Department. 7.03 Where required by law, Permittee, any lessee and any contractor utilized by these parties shall carry statutory workers’ compensation insurance, with a waiver of subrogation on behalf of the 7.03.1 Certificates of Insurance are to be provided to the Department prior to issuance of a Permit. 7.03.2 Insured(s) shall provide 60 days’ notice prior to cancellation of the required coverage. The required insurance must be in effect for the entire period of the Harvesting operation. 7.04 The Permittee is responsible for reimbursing the Department for the repair of any damage to fences, signs, delineators, guardrails, landscape plantings, or any other State Highway improvements resulting from Harvesting operations. 7.05 The Permittee, his successors, or assigns shall hold the Department, its officers, or employees harmless from all costs, liabilities, expenses, suits, judgments, claims or actions brought by any person against the Department, its officers, or employees as a result of, or in connection with the permit, or the operation and performance hereunder by the Permittee, his agents, or employees. 7.06 All risk of injury or damage to Permittee, property of Permittee or others which may result from debris, foreign objects, or chemical contamination resulting from handling or feeding of Harvested hay is assumed by the Permittee. The Department shall not be liable for the quality of the Harvested hay or grasses obtained through this Permit. 7.07 The Permittee is responsible for reimbursing the Department for the repair and re-survey of any damage and disturbance to any survey monuments resulting from Harvesting operations. 7.08 A copy of the Permit, any relevant documentation regarding access to the ROW and agreements with Local Authorities and proof of liability insurance in the amounts required herein shall be available on the work site at all times and shall be made available for inspection by the Department representatives at any time during the harvesting operation. 8.00 Permit Denial, Revocation, Suspension and Appeal Process 8.01 Notice and a hearing concerning such denials, revocation or immediate suspension will be provided as required by § 24-4-104, C.R.S. 8.02 Written notice of denial of a Permit application, or of denial of Permit renewal, or of Permit revocation, or of immediate suspension shall be sent to the Permittee by first class mail and shall specify the grounds for such denial or revocation, including which requirements, or criteria, of the Rules, state, federal or local law or § 43-1-210.5, C.R.S., the Permittee has failed to meet. 8.03 No Permit may be issued or renewed which, in the judgment of the Department, would not be in the best interests of the State or that would be detrimental to the public health, safety, welfare, or that would be in conflict with any applicable federal, state, or local law, or that allows any agricultural

purpose other than Harvesting by mechanical means only. 8.04 The Department may deny, revoke or suspend a Permit or deny a renewal of a Permit under § 43- 1-210.5, C.R.S. based on the rationale stated therein, including but not limited to: 8.04.1 The Permittee is no longer entitled to the Permit under these Rules and applicable state law; 8.04.2 The Permittee has violated the terms or conditions of the Permit or of these Rules. 8.04.3 The Department determines that the public health, safety or welfare is adversely affected by issuance or renewal of a Permit. 8.04.4 The Permittee’s proof of insurance indicates it has lapsed, or the Permittee is not able to produce evidence of sufficient insurance, the sufficiency of which to be determined by the CDOT Risk Management Office. 8.04.5 Fire bans are put into effect by the proper fire authority. Such suspension shall occur automatically and without notice by the Department and shall exist for the duration of the fire ban. No reimbursement or refunds shall be paid by the state in the event the Permit is suspended. 8.05 Should a Permit be revoked or not renewed for any reason, the Permittee shall, at his/her own expense, restore the ROW to its original condition. If the Permittee does not accomplish this within thirty (30) days after notification has been sent by the Department, then the Department shall perform this task and bill the Permittee for the cost to do so. 8.06 When the Department has reasonable grounds to believe and finds that the Permittee has been guilty of willful and deliberate violation of the Rules, or the health, safety, or welfare of the public imperatively requires emergency action, a Permit may be immediately suspended as provided in § 24-4-104(4), C.R.S. 8.07 In such emergency situations, the Department may take immediate action prior to notice and hearing. 8.08 When the Department determines the Harvesting operation is creating an undue safety hazard, all operations will cease until further notice upon verbal notification to the Permittee. Such suspension shall not require any compensation, monetary or otherwise, to the Permittee. 8.09 Notice of Permit suspension shall be sent to the Permittee within one working day of the suspension of Harvesting by first class mail. Such notice shall set forth the basis for the emergency action. 8.10 In the event that the Permittee’s insurance should lapse for any reason, this Permit shall immediately be null and void. 8.11 The Department reserves the right to order an immediate suspension of the Harvesting operations for any reason, based on non-compliance with the Rules and the Permit, or state, federal or local law. 8.12 The Department may temporarily suspend a Permit if: 8.12.1 The Department learns of environmentally sensitive, threatened or endangered species being present in the permitted area. 8.12.2 The Department learns of new species being identified, in which case the Department may suspend the Permit until the area can be cleared for the new species. 8.12.3 The Department determines that temporarily suspension of the Permit is in the best interests of the State, and Harvesting operations under the Permit would be detrimental to the public health, safety, welfare, or would be in conflict with any applicable federal, state, or local law. 8.13 The provisions of § 43-1-210.5, and § 24-4-104, C.R.S. and these Rules shall apply to the appeal from the Department’s denial of a Permit application, denial of renewal, Permit revocation, or immediate suspension. 8.14 A request for a hearing shall be made in writing and must be received by the Department no later than sixty (60) days after notification is sent by the Department to the Permittee of such notice. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 08/16/2006.

Entire rule eff. 10/15/2012.

2 CCR 601-17 Implementation of the Use of Waste Tires for Noise Mitigation Purposes Along Colorado State Highways {#sec-2-ccr-601-17 omnilex-key=us-co-regs-official--department-21--2 CCR 601-17}

DEPARTMENT OF TRANSPORTATION

Transportation Commission RULES REGARDING THE USE OF WASTE TIRES FOR NOISE MITIGATION PURPOSES ALONG COLORADO STATE HIGHWAYS PURSUANT TO § 43-2-401 C.R.S.

2 CCR 601-17 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Statement of Basis and Purpose The purpose of these rules is to establish consistency regarding the applications for recycled waste tire grants pertaining to noise mitigation measures pursuant to § 43-2-401 et seq. C.R.S. (2011). 2.00 Authority 23 CFR 1.23 Rights-of-Way 23 CFR 710.403 Management 23 CFR Part 772 Noise Abatement §43-2-401, C.R.S. et seq. C.R.S. (2011). § 43-2-404 C.R.S. (2011) provides authority to the Transportation Commission to promulgate rules pertaining to noise mitigation standards and measures. 3.00 Definitions 3.01 "Applicant" shall mean a homeowner or renter residing in an eligible area, or the operator of a temporary housing facility or public housing facility located in an eligible area, who submits an application to the transportation commission in accordance with these rules. 3.02 "Department" or "CDOT" shall mean the Department of Transportation pursuant to § 43-2-102(2)

C.R.S. (2011). 3.03 "Eligible Area" shall mean a residential area that: (a) is located adjacent to a state highway; (b) existed as a residential area before the state highway was constructed or last widened, and (c) Is located within the boundaries of a local government that, as of the date of the application, has adopted an ordinance or resolution to mitigate the effects of noise in future residential or other noise-sensitive development adjacent to the state highways within the boundaries of the local government. 3.04 "Local Entity" for purposes of these rules shall mean the responsible party consisting of the applicant, a group or organization registered and in good standing with the Colorado Secretary of State, or a local government. 3.05 "Local government" shall mean a city, town, county, or city and county. 3.06 "Noise Mitigation Measures" shall mean for purposes of these rules noise abatement measures approved by the Transportation Commission pursuant to § 43-2-404 C.R.S. (2011). 3.07 "Transportation Commission" shall mean the commission created pursuant to § 43-1-106 C.R.S.

(2011). 4.00 General Eligibility Criteria for Noise Mitigation Measures Funded Pursuant to § 43-2-402, C.R.S. and § 43-2-403 C.R.S. (2011). 4.01 The Applicant must be located within the boundaries of a Local Government that, as of the date of the application, has adopted an ordinance or resolution that requires the mitigation of the effects of noise on future residential or other noise-sensitive developments adjacent to the state highways within the boundaries of the local government. 4.01.1 To be eligible, the application must meet the following criteria: 4.01.1.1 Comply with the Department’s Noise Analysis and Abatement Guidelines dated June 16, 2011; however, with regard to the supporting documentation submitted with an application, pursuant to 43-2-402(2), C.R.S., the application for noise mitigation measures shall: (a) be accompanied by a petition in support of the noise mitigation measures signed by members of no less than seventy-five percent of the households in an eligible area who live no more than four-tenths of one mile from the nearest edge of the right-of-way of the state highway; (b) specify whether a local government has agreed to provide any of the moneys necessary to construct the noise mitigation measures, and (c) specify which noise mitigation measures the applicant proposes for the eligible area. 4.01.1.2 Be compatible with any existing noise mitigation measures in the eligible area; and 4.01.1.3 Comply with zoning and building requirements established by the local government. 4.02 The application must specify the proposed noise mitigation measure (i.e. noise barrier). To be eligible, the proposed measure must contain or make use of, in part, recycled, recapped, or other previously used waste tires. 4.03 Applications that propose using CDOT right-of-way, but do not purchase all the necessary CDOT right-of-way, must contain evidence satisfactory to CDOT that a Local Entity has committed to providing funding for any necessary maintenance and repair of the noise mitigation measure. 4.04 If the local entity does purchase the right-of-way, then the maintenance and repairs to the mitigation measure shall be the sole responsibility of the local entity. Applications must contain evidence satisfactory to CDOT that a Local Entity has committed to providing funding for any necessary maintenance and repair of the noise mitigation measure. 4.05 In the event there is more than one acceptable project in a given cycle, the list of eligible projects will be ranked according to the Department's Noise Mitigation Prioritization Formula herein and submitted to the Department of Public Health and Environment for consideration. 5.00 Noise Mitigation Prioritization Formula 5.01 When multiple applications are being considered for recycled waste tire grant funding, the Department shall prioritize the consideration of applications based on the following factors. Each factor will be rated using the following criteria on a scale from 0-10 points. The maximum score that a request can accumulate is 30 points. 5.02 Noise Mitigation Benefits - 10 points 5.02.1 The procedure to determine the benefits of the requested mitigation measure will be the method for determining the cost-benefit index of a barrier as described in the CDOT Noise Analysis Guidelines (2011) and these rules:

Less than $4500/ reduction dBA per receiver: 5 points $4501-$6800/ reduction dBA per receiver: 4 points More than $6800/ reduction dBA per receiver: 0 points 5.02.2 The application that demonstrates the maximum number of benefited receivers experiencing 5 dBA or more of noise reduction as a result of the mitigation measure would be eligible for an additional 5 points. All other applicants would receive 0 points. 5.03 Noise Reduction Effectiveness - 10 points 5.03.1 A minimum of 7 dBA of noise reduction must occur at one residence associated with each noise abatement measure as described in the CDOT Noise Analysis and Abatement Guidelines (2011). 5.03.2 Based on the average dBA reduction of all benefited receivers, the following priority points will be applied: 7 dBA average or more designed noise reduction per residence: 10 points 6-5 dBA average designed noise reduction per residence: 8 points Less than 5 dBA average noise reduction per residence: 0 points 5.04 Previous Type II List Status - up to 10 points 5.04.1 Up to ten points will be awarded for project areas that were included on the 1992 CDOT Type II barrier list. The list consisted of four "tables" labeled A through D. All of the locations that were on Table A of the list have been completed. Areas listed in tables B through D can be eligible for the following bonus points:

Locations listed in Table "B": 10 points Locations listed in Table "C": 6 points Locations listed in Table "D": 4 points Not listed: 0 points _______________________________________________________________________________

Editor's Notes

History Entire rule eff. 08/01/2008.

Entire rule eff. 04/14/2012.

Annotations

Rule 7.0 (adopted 06/19/2008) was not extended by House Bill 09-1292 and therefore expired 05/15/2009.

2 CCR 601-18 State Highway Utility Accommodation Code {#sec-2-ccr-601-18 omnilex-key=us-co-regs-official--department-21--2 CCR 601-18}

DEPARTMENT OF TRANSPORTATION

STATE HIGHWAY UTILITY ACCOMMODATION CODE

2 CCR 601-18 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.0 GENERAL PROVISIONS 1.1 Statement of Basis 1.1.1 The basis of the State Highway Utility Accommodation Code (Code) is the need to serve the public good through the safe, efficient and effective joint utilization of State Highway Right-of-Way (SH ROW) for both transportation and utility purposes. 1.1.2 The Code is necessary to establish a uniform and consistent statewide process for accommodating utilities within SH ROW by means of reasonable regulations to ensure that such accommodations do not adversely affect the highway or traffic safety, or otherwise impair the operation, aesthetic quality or maintenance of the transportation facility, or conflict with applicable law. 1.1.3 Utility facilities provide an essential service to the general public, but every accommodation must be compatible with and not adversely affect the existing and future needs of the transportation facility. 1.1.4 The Code is being implemented in an effort to conserve limited public resources, preserve future options, and minimize conflicts between highway and utility facilities. The reasonable regulations in the Code ensure such accommodations. 1.1.5 As part of the regulatory review process, the Colorado Department of Transportation (Department) has conducted a thorough review of these rules, and where possible has eliminated unnecessary language, and has updated the rules based on changes in law or practice. 1.2 Specific Statutory Authority 1.2.1 § 43-1-225(1), C.R.S., gives the Transportation Commission (Commission) authority to make reasonable regulations for accommodation of certain utilities in, on, along, over, across, through, or under SH ROW. Also, the Department has responsibility and authority under §§ 43-1-110 and 43-2-102, C.R.S., for the design, construction, improvement, maintenance and management of the State highway system and SH ROW. The Department also has authority to implement procedures for the performance of utility relocation work pursuant to § 43-1-1409(1)(b), C.R.S. § 43-1-106(8)(k), C.R.S., further authorizes the Commission to make all necessary and reasonable regulations with respect to the responsibilities of the Department for the State highway system.

Finally, the Commission has authority under the police power to regulate the accommodation of utility facilities within SH ROW to the extent that regulation is necessary to protect the public safety and welfare. 1.2.2 While utilities have certain statutory authority to place their facilities within SH ROW, §§ 32-1- 1006(1)(c), 32-4-406(1), 32-4-510(1), 38-5-101, and 38-5.5-103(1), C.R.S., that authority is subject to reasonable regulation by the Department to ensure that the facilities do not unreasonably impair transportation purposes. While local agencies have certain authority to allow utilities in streets that are also SH ROW pursuant to §§ 43-2-135(1), 31-15-702(1), and 38-5-108, C.R.S. and also Article XXV of the Colorado Constitution, that authority must be construed harmoniously with the primary authority of the Commission and the Department to regulate the accommodation of utility facilities in the SH ROW, as provided in the Code, in order to ensure statewide uniformity. 1.3 Purpose 1.3.1 The purpose of the Code is to implement, by permit, Commission and Department authority to regulate utility accommodations in SH ROW. 1.3.2 The Code must comply with applicable federal provisions. 1.4 Definitions and References 1.4.1 Abbreviations: As used in the Code these abbreviations shall have the following meaning: 1.4.1.1 AASHTO: American Association of State Highway and Transportation Officials 1.4.1.2 CCR: Code of Colorado Regulations 1.4.1.3 CDOT: Colorado Department of Transportation (Department) 1.4.1.4 CDPHE: Colorado Department of Public Health and Environment 1.4.1.5 C.F.R.: Code of Federal Regulations 1.4.1.6 CDPS: Colorado Discharge Permit System 1.4.1.7 C.R.S.: Colorado Revised Statutes 1.4.1.8 FHWA: Federal Highway Administration 1.4.1.9 MPH: Miles per Hour 1.4.1.10 MS4: Municipal Separate Storm Sewer System 1.4.1.11 MUTCD: The FHWA “Manual on Uniform Traffic Control Devices” and the Colorado supplement thereto as adopted by the Commission pursuant to § 42-4-104, 1.4.1.12 OSHA: Occupational Safety and Health Administration 1.4.1.13 PUC: Colorado Public Utilities Commission 1.4.1.14 ROW or SH ROW: Highway Right Of Way or State Highway ROW under CDOT jurisdiction 1.4.1.15 §: A Section of C.F.R. or C.R.S. 1.4.1.16 UNCC: Utility Notification Center of Colorado 1.4.1.17 U.S.C.: United States Code 1.4.1.18 WQCD: Water Quality Control Division at the Colorado Department of Public Health and Environment 1.4.2 Definitions 1.4.2.1 ABANDONED: The cessation of ownership, use, and operation of a utility facility. Also see “Retirement” in these definitions. 1.4.2.2 ACCOMMODATION: The location, installation, construction, operation, maintenance, repair, renewal, relocation or presence of utility facilities. 1.4.2.3 ADJUSTMENT: A modification of an existing utility facility. 1.4.2.4 AESTHETIC QUALITY: Those desirable characteristics in the appearance of the highway and its environment, such as harmony between or blending of natural or manufactured objects in the environment, continuity of visual form without distracting interruptions, and simplicity of designs which are desirably functional in shape but without clutter. 1.4.2.5 APPLICANT: The person or entity that prepares a utility permit application on behalf of the utility owner. 1.4.2.6 AS-CONSTRUCTED PLAN: also known as “As-Built Plan” is a plan updated throughout construction that includes all changes and modifications that occur during the construction phase of a project. 1.4.2.7 BACKFILL: Replacement of suitable material as specified around and over a pipe, conduit, casing or gallery. 1.4.2.8 BEDDING: Organization of soil or other suitable material to support a pipe, conduit, casing or gallery. 1.4.2.9 BORE: The excavation of an underground circular cavity for the insertion of a pipe or other type of conduit. Also see “Trenchless.” 1.4.2.10 BRIDGE: A structure, including supports, erected over a depression or obstruction, such as water, a highway, or railroad, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of roadway of more than twenty (20) feet between undercopings of abutments or extreme ends of openings for multiple boxes. 1.4.2.11 BRIDGE ATTACHMENT: Clamps, connectors, hangers, or other devices, subject to approval by the Department, required for securing utilities to a bridge. 1.4.2.12 CALENDAR DAY: Each and every day shown on the calendar, beginning and ending at midnight. When “day” is used, it shall mean calendar day unless otherwise specified. 1.4.2.13 CAP: Rigid structural element surmounting a pipe, conduit, casing, or gallery. 1.4.2.14 CARRIER: Pipe directly enclosing a transmitted fluid in a liquid or gaseous state. 1.4.2.15 CASING: A larger pipe enclosing a carrier. The cell of a box girder does not qualify as a casing. Tunnels or galleries may function as casing pipes. 1.4.2.16 CATHODIC PROTECTION: A method of controlling corrosion through the use of an induced electrical current and sacrificial anodes. 1.4.2.17 CLEAR ZONE: The unobstructed, traversable area provided beyond the edge of the traveled way for the recovery of errant vehicles. The clear zone includes shoulders, bike lanes, and auxiliary lanes, except those auxiliary lanes that function like through lanes. 1.4.2.18 COATING: Material applied to or wrapped around a pipe. 1.4.2.19 CONDUCTOR: Wire carrying electric current. 1.4.2.20 CONDUIT or DUCT: An enclosed tubular runway for protecting wires or cables. 1.4.2.21 COVER or COVER DEPTH or DEPTH OF COVER: The depth to the top of pipe, conduit, casing or gallery below grade of roadway or ditch. 1.4.2.22 CRADLE: Rigid structural element below and supporting a pipe. 1.4.2.23 CROSSING: The utility crossing of the SH ROW plus isolated segments of utility lines which may parallel the highway for not more than five hundred (500) feet. 1.4.2.24 DAY: Means a calendar day, unless specifically stated otherwise in the applicable text of the Code. 1.4.2.25 DEPARTMENT: The Colorado Department of Transportation. 1.4.2.26 DESIGN-BUILD CONTRACT: The procurement of both the design and construction of a transportation project in a single contract with a single design-build firm or a combination of such firms capable of providing the necessary design and construction services. 1.4.2.27 DESIGNATED REPRESENTATIVE: An authorized, appointed representative of the Department, local agency, utility owner or permittee. 1.4.2.28 DIVIDED HIGHWAY: A highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual. 1.4.2.29 DRAIN: Appurtenance designed to discharge liquid. 1.4.2.30 EASEMENT: An interest in real property that conveys a right to use a portion of an owner’s property or a portion of an owner’s rights in the property. 1.4.2.31 EMERGENCY: Where circumstances imperatively require immediate action to comply with a State or federal law or federal regulation or for the preservation of the public health, safety or welfare. 1.4.2.32 ENCASEMENT: A structural element surrounding a pipe, which may include boxing or jacketing in trenched installations, or grouting in trenchless installations. 1.4.2.33 EXPRESSWAY: A divided highway with partial control of access. 1.4.2.34 FEDERAL AID HIGHWAY: A public highway eligible for assistance under

Chapter 1 of Title 23 of the United States Code other than a highway functionally classified as a local road or rural minor collector. 1.4.2.35 FEDERAL AID HIGHWAY PROJECTS: Active or completed highway projects administered by or through a State highway agency which involve or have involved the use of federal aid highway funds for the development, ROW acquisition, construction, or improvement of highway or related facilities, including highway beautification projects. 1.4.2.36 FLOWABLE BACKFILL: A low-cement-content aggregate mixture developed as an alternative to conventional trench backfilling methods, to facilitate the backfilling operation and expedite the restoration of a pavement surface. 1.4.2.37 FORCE MAJEURE: is a “superior force,” such as natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations. It is a common clause in contracts to free both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the term “act of God” (e.g., flooding, earthquake, volcano), prevents one or both parties from fulfilling their obligations under the contract. It does not excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces, or where the intervening circumstances are specifically contemplated. 1.4.2.38 FREEWAY: A divided highway with full control of access. 1.4.2.39 FRONTAGE ROAD: A local street or road auxiliary to and located on the side of a highway for service to abutting property and adjacent areas for control of access. 1.4.2.40 FULL CONTROL OF ACCESS: The access control which provides for a preference to through traffic by providing access connections only with selected public roads and by prohibiting at-grade crossings and direct private driveway connections. 1.4.2.41 GALLERY: An underpass for two or more utility lines. 1.4.2.42 GRADE SEPARATION: A crossing of two roadways, or a roadway and railroad, at different levels. 1.4.2.43 GRAVITY-FED SYSTEM: any underground facility that is not pressurized and that utilizes gravity as the only means to transport its contents. These systems include sanitary lines, storm sewer lines, irrigation lines, and open-air irrigation ditches. 1.4.2.44 GROUT: A cement mortar or a slurry of fine sand or clay. 1.4.2.45 HEAVY WALL THICKNESS PIPE: Pipe meeting the industry standard for this specific designation. 1.4.2.46 HIGHWAY: The entire width between boundary lines of every way publicly maintained when any part thereof is open to use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this State. 1.4.2.47 HIGHWAY AGENCY: That department, agency, commission, board, or official of any state or political subdivision thereof, charged by its law with the responsibility for highway administration. 1.4.2.48 HIGHWAY PURPOSE: Pertaining to the planning, design, construction, operation, maintenance, or improvement of any portion of the highway facility or function thereof, or to any lawful duty or act of a highway agency. 1.4.2.49 HIGHWAY PROPERTY: SH ROW, Port of Entry, and all improvements constructed thereon for highway purposes, including but not limited to such elements as: roadway template, pavement, subgrade, roadside areas, curbing, traffic barriers, highway structures, landscaping, irrigation and drainage systems, lighting, traffic signal systems, delineation, pavement markings and survey monumentation. 1.4.2.50 HIGHWAY STRUCTURE: Any structure constructed for the purpose of carrying vehicular, rail, or pedestrian traffic over a depression, stream, obstacle, roadway, walkway, or railroad. 1.4.2.51 HOLIDAY: Holidays recognized by the State of Colorado are: New Year’s Day, Dr. Martin Luther King Jr. Birthday (observed), President’s Day, Memorial Day, Independence Day, Labor Day, Frances Xavier Cabrini Day, Veteran’s Day, Thanksgiving Day, Christmas Day. When a holiday falls on Sunday, the following Monday shall be considered a holiday, and when a holiday falls on a Saturday, the preceding Friday shall be considered a holiday. Cesar Chavez Day (March 31) may be considered a holiday, and, will be noted on the completed permit if applicable. Additional legal holidays, when designated by the Governor or the President of the United States, may also be recognized by the State. When a local agency has issuing authority for a permit, such other day(s) as the local agency may designate shall also be considered holiday(s) for the purpose of the permit. 1.4.2.52 INSPECTOR: A designated representative of the Department who is assigned to make detailed inspections of utility permit activities in order to verify compliance with the Code and with the terms and conditions of an approved permit. 1.4.2.53 INSTALLATION: A utility facility or portion thereof, which is placed within SH ROW or property owned by non-private entities, or the act of making same. 1.4.2.54 INTERCHANGE: A facility that grade separates intersecting roadways and provides directional ramps for access movements between the roadways. The structure and the ramps are part of the interchange. 1.4.2.55 INTERSTATE: A highway that is included as part of the national system of interstate and defense highways. 1.4.2.56 ISSUING AUTHORITY: The authority vested in the appropriate government agency to issue a permit in accordance with the Code to accommodate a utility in SH 1.4.2.57 JACKET or BOX: Encasement by concrete poured around a pipe or utility when proper depth cannot be obtained. 1.4.2.58 JACKING: Pushing a pipe horizontally under a roadway by mechanical means, with or without boring. 1.4.2.59 JETTING: Pushing a pipe through a roadway embankment using water under pressure to create a cavity ahead of the pipe. Jetting is different from Wet Boring, which is defined herein. 1.4.2.60 JOINT USE: The use of pole line, trenches, duct systems, or other facilities by two or more utilities in order to conserve SH ROW. 1.4.2.61 LEAK-PROOF CONSTRUCTION: Methods to ensure against leakage in pipelines, including welded or mechanical leak-proof joints, and/or quality assurance measures such as radiographic or hydrostatic testing and certification of welds and joints. 1.4.2.62 LOCAL AGENCY: The city, city and county, or incorporated town within whose jurisdiction the utility will be accommodated in the ROW of a street that is also a State highway. 1.4.2.63 LOCAL STREET: A street that is a part of a system of streets established in each city, city and county, and incorporated town, known as the city street system. It shall not include any street established by law as a part of the state highway system. 1.4.2.64 LONGITUDINAL: Parallel or nearly parallel to the approximate alignment of the highway for more than five hundred (500) feet. 1.4.2.65 MAINTENANCE: The servicing and repair of an existing facility as necessary to keep the facility in safe and acceptable operating condition. 1.4.2.66 MAJOR CHANGE: An alteration in the scope, location, nature, or cost of the work and includes but is not limited to: 1.4.2.66.1 changing a facility from aerial to underground; or 1.4.2.66.2 changing the location of a highway crossing; or 1.4.2.66.3 a shift from one side of the highway to another; or 1.4.2.66.4 any increase in plant capacity; and 1.4.2.66.5 changing from boring to open cut installation. 1.4.2.67 MANHOLE: An opening in an underground system which workmen, or others may enter for the purpose of making installations, repairs, connections or tests. 1.4.2.68 MARKER: A pole or other object placed over or near a buried facility to denote the facility’s alignment. 1.4.2.69 MEDIAN: That portion of the highway separating the opposing traffic flows. 1.4.2.70 METHOD OF HANDLING TRAFFIC (MHT): A site-specific traffic control plan that describes the traffic control measures that may or will be taken in a particular phase of a permit operation or in a particular situation that may be encountered. 1.4.2.71 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains): 1.4.2.71.1 Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes. This includes special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under the Clean Water Act, 33 U.S.C. § 1251, et seq., that discharges to waters of the United States; 1.4.2.71.2 Designed or used for collecting or conveying stormwater; and 1.4.2.71.3 Which is not a combined sewer; and 1.4.2.71.4 Which is not part of a Publicly Owned Treatment Works (POTW). See 5 CCR 1002-61.2(62). 1.4.2.72 NIGHT: The period between one hour before sunset and one hour after sunrise, or as specified in the Utility Permit. 1.4.2.73 PARTIAL CONTROL OF ACCESS: The authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at-grade and some private driveway connections. 1.4.2.74 PAVEMENT CUT: The removal of an area of pavement for the purpose of placing or maintaining a utility facility. 1.4.2.75 PAVEMENT STRUCTURE: The combination of subbase, base course, and surface course placed on a subgrade to support and distribute the traffic load to the roadbed. 1.4.2.76 PERMIT: The written document by which the Department regulates and/or gives approval of the use and occupancy of the SH ROW by utility facilities or private lines, and which sets forth the approved terms and conditions under which a utility or utility facility may be accommodated within SH ROW. A permit is permissive authority that does not convey any compensable property interest to the permittee. Permits shall be issued only to the actual facility owner. 1.4.2.77 PERMITTEE: The entity that owns and operates and maintains the utility facility, and that is responsible for fulfilling all the terms and conditions of the permit; or, as accepted by the Department, the utility owner’s designated representative, authorized by the owner, to carry out any or all permitted activities. 1.4.2.78 PIPE: A tubular product made as a production item and for sale as such.

Cylinders formed from plate in the course of fabrication of auxiliary equipment are not pipe as defined herein. 1.4.2.79 PLOWING: Direct burial of utility lines by means of a “plow” type mechanism which breaks the ground, places the utility line and closes the break in the ground in a single operation. 1.4.2.80 PORT OF ENTRY: Fixed or mobile weight stations operated by Port of Entry officers authorized by statute to engage in commercial vehicle size, weight and safety enforcement and to facilitate the enforcement and collection of applicable fees, licenses, or taxes imposed upon motor carriers and the owners and operators of motor vehicles using the public highways of the state of Colorado. 1.4.2.81 PRESSURE: Relative internal pressure in pounds per square inch (PSI) gauge. 1.4.2.82 PRIVATE LINE: Privately owned facilities, which convey or transmit commodities outlined in the definition herein for “utility facility,” but devoted exclusively for private use. 1.4.2.83 RECORD SET is a final set of design plans and specifications issued for construction which is sealed by a licensed professional engineer. The Applicant is responsible for determining if the design requires the oversight of a licensed professional engineer subject to the concurrence and approval by the Department. 1.4.2.84 REGION: A geographical subdivision of the state of Colorado established by the Department for administrative purposes. 1.4.2.85 RELOCATION: The adjustment of utility facilities required by the highway project or other highway purpose. It includes removing and reinstalling the facility, including necessary temporary facilities, acquiring necessary right of way on the new location, moving, rearranging or changing the type of existing facilities and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, the project economy, or sequence of highway construction. 1.4.2.86 REST AREA: A roadside area with parking facilities separated from the roadway provided for motorists to stop and rest for short periods. It may include drinking water, toilets, tables and benches, telephones, information and other facilities for travelers. 1.4.2.87 RETIREMENT: The cessation of use and operation of a utility facility that remains under the utility’s ownership. 1.4.2.88 RIGHT-OF-WAY (ROW): Department-controlled property, or interests therein, acquired, dedicated or reserved for the construction, operation, and maintenance of the State highway system. 1.4.2.89 ROADSIDE: A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside. 1.4.2.90 ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, “roadway” refers to any such roadway separately but not to all such roadways collectively. 1.4.2.91 ROADWAY TEMPLATE: The area of the constructed or proposed road embankment from road centerline across the traveled lane(s) and shoulder, then down to a drainage ditch, then up to an intercept with natural ground in a cut section, or from the shoulder down to an intercept with natural ground in a fill section. 1.4.2.92 RURAL AREA: Any segment of the State highway system not considered to be in an urban area. 1.4.2.93 SHOULDER: A portion of the roadway template immediately adjacent to the traveled lane. 1.4.2.94 SPECIAL PROVISIONS: Terms and conditions of a permit, imposed by the Department, which are consistent with but not otherwise set forth in the Code and which address unique or variable circumstances particular to a given installation. 1.4.2.95 STANDARD PROVISIONS: Standardized terms and conditions of a permit that reflect specific Code requirements and which apply in most situations. 1.4.2.96 STATE HIGHWAY (SH): A highway on the State highway system. 1.4.2.97 STATE HIGHWAY SYSTEM: All highways under Department jurisdiction and control and declared as such by the Commission pursuant to § 43-2-101, C.R.S. 1.4.2.98 STRUCTURE ATTACHMENT: A utility attached to or installed within a highway structure. 1.4.2.99 SURVEY PLAN: Includes all documents, plats, and reports resulting from the practice of land surveying that shall be identified with and bear the seal, the signature, and date of signature of the land surveyor in responsible charge. A professional land surveyor shall use a seal and signature when the work to which the seal is applied was prepared under the professional land surveyor's responsible charge pursuant to the Architects, Professional Engineers, and Professional Land Surveyors Rules and Regulations, 4 CCR 730-1. 1.4.2.100 TRAFFIC CONTROL PLAN (TCP): The planned utilization of MHT and of traffic control devices, as necessary, to ensure the safe and expeditious movement of traffic around and through the utility work site and the safety of the utility work force. 1.4.2.101 TRAFFIC CONTROL SUPERVISOR (TCS): The on-site person in direct responsible charge for implementing the TCP and shall be certified as a worksite traffic supervisor by either the American Traffic Safety Services Association or the Colorado Contractors Association, and shall have a current CDOT flagger certification card. 1.4.2.102 TRAVELED WAY: The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes. 1.4.2.103 TRENCHED: Installed in a narrow open excavation. 1.4.2.104 TRENCHLESS: Installed using a method where no trench is excavated, such as microtunneling, jacking or horizontal directional drilling. 1.4.2.105 UNDERGROUNDING: The act of burying a line, cable, or conduit, and in context may refer in particular to the act of replacing an existing aerial facility with a buried facility. 1.4.2.106 URBAN AREA: An area where residences or businesses are clustered, not necessarily within municipal boundaries, where frequent approaches, utility lines, and drainage facilities are likely to be encountered, and where potential exists for future widening of the road to accommodate anticipated traffic growth. 1.4.2.107 UTILITY or UTILITY FACILITY: Any privately, publicly or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. The term utility shall also mean the utility company inclusive of any substantially owned or controlled subsidiary. For the purposes of the Code, the term includes those utility-type facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use. The term utility includes those facilities used solely by the utility which are part of its operating plant. As the context provides, the term utility may also relate to an action or requirement of a “permittee.” 1.4.2.108 VARIANCE: A deviation from a specific requirement of the Code, requested by a utility owner or permittee, that if approved, is deemed consistent with the purpose and intent of the Code, and is reasonably necessary for the convenience, safety, and welfare of the public. 1.4.2.109 VENT: Apparatus to discharge all gaseous contaminants from a casing. 1.4.2.110 WET BORING/HORIZONTAL DIRECTIONAL DRILLING (HDD): To bore using water or slurry mix under pressure at the cutting auger to soften the earth and to sluice out the excavated material. 1.4.2.111 WORKING DAY: Any day that the permittee can perform a normal day of work, exclusive of delays which result from inclement weather, labor disputes, material shortages and other factors beyond the permittee’s control. It does not include any weekends or legal holidays. 1.5 Applicability and General Provisions 1.5.1 The Code shall apply only to utility accommodations on SH ROW. 1.5.2 The Department will issue a permit only if the utility accommodation complies with the Code, and is not otherwise detrimental to the highway facility or to the health, welfare and safety of the public. 1.5.3 The Department may include permit terms and conditions deemed reasonably necessary to give effect to the purpose, scope or requirements of the Code. 1.5.4 Where language of the Code requires particular action to be taken or omitted, but does not specifically identify the responsible party, such requirements shall apply to and be the sole responsibility of the utility owner, as the context provides. 1.5.5 Where the language of the Code does not impose a particular obligation, but expressly indicates that a requirement or condition “will be specified,” or “otherwise approved,” or “may be required,” or “may be necessary,” or that the “Department may require a utility to take further action,” the Code anticipates that such requirement or condition or action, if any, will be described by the Department in the permit. Such a requirement, condition or action will be applicable to the utility owner only if specifically described in the issued permit. 1.5.6 The Code does not invalidate utility permits or agreements issued or entered into prior to the effective date of the Code. However, to the extent the Code requires a utility to take reasonably necessary action in order to protect the public health, welfare and safety, or to prevent unreasonable interference with a State highway, existing utilities shall be subject to such requirements. The utility must take such actions upon written notice. 1.6 Material Incorporated by Reference The following regulations and standards are incorporated by reference pursuant to § 24-4-103(12.5), C.R.S.; such incorporation does not include later amendments or editions of any incorporated material.

As part of the Code and by this reference, such material is incorporated but only to the extent such material is consistent with the express provisions of the Code: 1.6.1 Federal Laws, Regulations, and Standards 1.6.1.1 23 C.F.R. § 1.23, “Rights of Way,” October 28, 2019 1.6.1.2 23 C.F.R. Subpart 645A, “Utility Relocations, Adjustments, and Reimbursement,” October 28, 2019 1.6.1.3 23 C.F.R. Subpart 645 B, “Accommodation of Utilities,” October 28, 2019 1.6.1.4 49 C.F.R. Part 192, “Transportation of Natural and Other Gas by Pipeline; Minimum Safety Standards” August 06,2020 1.6.1.5 49 C.F.R. Part 195, “Transportation of Liquids by Pipeline; Minimum Safety Standards”)

August 06, 2020 1.6.2 National and Industry Standards 1.6.2.1 “A Guide for Accommodating Utilities Within Highway Right-of-Way,” AASHTO, 4th edition, October 2005 1.6.2.2 “A Policy on the Accommodation of Utilities Within Freeway Right-of-Way,” AASHTO, 5th edition, October 2005 1.6.2.3 “Roadside Design Guide”, AASHTO, 4th edition, 2011, reprinted February 2012 1.6.2.4 “Recommended Practice for Liquid Petroleum Pipelines Crossing Railroads and Highways,” American Petroleum Institute, Division of Transportation, API Recommended Practice 1102, 7th edition, December 2007 with March 2014 errata 1.6.2.5 “Manual for Assessing Safety Hardware (MASH),” AASHTO, 2nd edition, 2016 Year Published 1.6.2.6 “Manual on Uniform Traffic Control Devices (MUTCD),” FHWA, 2009 edition with Revision Numbers 1 and 2 Incorporated, dated May 2012. 1.6.3 Copies of Incorporated Material Copies of the national and industry standards are maintained by the CDOT State Utilities Engineer and are available for public inspection during regular business hours at the Colorado Department of Transportation, 2829 W. Howard Pl., Denver, CO 80204. 1.6.3.1 Copies of the referenced United States Code may be obtained from the following address:

Office of the Law Revision Counsel U.S. House of Representatives H2-308 Ford House Office Building Washington, DC 20515 (202) 226-2411 https://uscode.house.gov/ 1.6.3.2 Copies of the referenced Code of Federal Regulations may be obtained from the following address:

U.S. Government Publishing Office 732 North Capitol Street, N.W.

Washington, DC 20401 (202) 512-1800 https://www.govinfo.gov/ 1.6.3.3 Copies of the MUTCD may be obtained from the following address:

Office of Transportation Operations Federal Highway Administration, Mail Stop: E84-402 1200 New Jersey Avenue, S.E.

Washington, DC 20590 https://mutcd.fhwa.dot.gov/ 1.6.3.4 Copies of AASHTO publications may be obtained from the following address:

AASHTO Publications Order Department P.O. Box 933538 Atlanta, GA 31193 (800) 231-3475 https://store.transportation.org/. 1.6.3.5 Copies of publications from the American Petroleum Institute may be obtained from the following address:

API 1220 L Street, NW Washington, DC 20005 (202) 682-8000 https://www.api.org/products-and-services/standards/purchase#tab-catalog 1.6.4 Conflict in Laws These Rules are written to comply with and implement the Colorado Revised Statutes and the federal regulations referenced herein. If any provision of these Rules or their application is held illegal, invalid, or unenforceable, no other provisions or applications of the Rules shall be affected and to this end the provisions of these Rules are severable. If these Rules conflict with relevant federal or state law, the federal or state law shall govern.

2.0 PROCEDURES 2.1 General 2.1.1 Local Agency Authority to Issue Permits in the SH ROW 2.1.1.1 The Department has the authority and primary responsibility to issue permits for utility accommodations on all SH ROW, including State highways that may also be local streets within the local agency jurisdiction. Any work outside of the roadway may require a separate permit from the local agency. 2.1.1.2 If an application requests utility accommodation on a State highway that is also a local street within the local agency jurisdiction, the Department shall, if requested by the local agency, consult with the local agency before the Department acts on the application and/or the terms and conditions of the permit. 2.1.1.3 The Department may, upon written request by a local agency and prior approval thereof by the Department, delegate the authority described in the above Section 2.1.1.2 to a local agency for State highways within its jurisdiction, subject to the following conditions: 2.1.1.3.1 The local agency’s written request must be executed by the person authorized to obligate the local agency on utility matters. 2.1.1.3.2 Under any delegation, the Department shall remain the sole issuing

authority for utility permits on all State highways designated as freeways or expressways. 2.1.1.3.3 Any permit issued by the local agency shall include all terms and conditions necessary to ensure compliance with the Code. 2.1.1.3.4 Upon written request from the local agency, the Department will assist with permit applications received by the local agency, including but not limited to reviewing an application, recommending permit action, and/or preparing a permit for local agency issuance. 2.1.1.3.5 If requested by the Department, the local agency shall promptly furnish the Department with copies of all permits issued, and of applications denied together with reasons for denial. 2.1.1.3.6 The local agency shall be responsible to ensure minimum Code compliance with all terms and conditions of any permit issued, and to hear and decide any appeals of its permitting decisions. 2.1.1.3.7 The permit shall expressly provide that the Department may, at any time, inspect the site of work authorized by the permit. 2.1.1.3.8 Any locally adopted utility accommodation standards that are imposed through a permit shall meet the minimum applicable requirements of the Code. 2.1.1.3.9 The permit shall expressly provide that the Department shall retain

authority to take immediate remedial action concerning permitted work to attain compliance with the Code or with permit conditions, or as otherwise required for the public health, welfare and/or safety. 2.1.1.3.10 The local agency may relinquish the delegated authority upon written notice to the Department, and the Department may withdraw its delegation of

authority upon written notice to the local agency. 2.1.1.3.11 The Department reserves the right to issue utility relocation permits. 2.1.2 Responsibility for Utility Accommodation Costs and Damages on Department Projects 2.1.2.1 The utility owner shall be responsible for all costs relating to the accommodation of its facilities within the SH ROW, or their relocation from the SH ROW and the Department shall have no responsibility for any costs of any utility accommodation, except as expressly provided otherwise in this Section or in a permit or written agreement. 2.1.2.2 The Department shall give written notice to the utility when the utility fails to fulfill any requirement of the Code or the provisions of its permit. The Department shall allow the utility the opportunity to remedy within the time set by the Department in its written notification. Extensions may be granted upon written request showing good cause. If a utility does not remedy the failure to comply with any requirement or provision, the Department, may elect in its discretion to perform the work by any other suitable means.

In that event, the utility shall be liable to the Department for all costs reasonably and actually incurred by the Department for that performance. All costs shall be itemized to the extent practicable. The utility shall pay that amount plus interest at the statutory rate to the Department not later than 30 days after receipt of the Department’s bill. Any such amounts not paid may be used to offset future fiscal Department obligations to the utility. 2.1.2.3 The utility company shall pay for damages caused by the company's delay in the performance of utility relocation work or interference with the performance of transportation project work done by others. Such damages may include, but are not limited to, payments made by the Department to any third party based on a claim that performance of the transportation project work was delayed or interfered with as a direct result of the utility company's failure to timely perform the utility relocation work. Project delay damages shall be tied to the project’s critical path schedule so as to demonstrate a timeline of events leading up to the utility’s failure to perform the work and subsequent delay to the project. This information will be provided to the utility in advance and is subject to the following additional provisions: 2.1.2.3.1 Damages resulting from delays in the performance of the utility company’s relocation work or interference with the transportation project work caused by Force Majeure or events beyond the utility company’s ability to reasonably foresee or control shall not be charged to the utility company. 2.1.2.3.2 If damages are charged against the utility, the Department may withhold issuance of a permit until such damage charges are paid, or deduct damage charges from any outstanding accounts for relocation reimbursement agreements with that utility company. 2.1.2.3.3 For utility relocations arranged through Design-Build Contracts, damage charges and the potential withholding of permits are subject to Part 14 of Title 43, 2.1.2.4 The Department will reimburse a utility for the costs of relocating its facility only where any of the following conditions exist: 2.1.2.4.1 the Utility has the right of occupancy in its existing location because it holds the fee, an easement, or other real property interest, the damaging or taking of which is compensable in eminent domain; or 2.1.2.4.2 the facilities are owned by a governmental subdivision of the State of Colorado or an abutting landowner, as provided in § 43-1-225, C.R.S.; or 2.1.2.4.3 the provisions of § 43-1-1411, C.R.S. apply with respect to certain relocation costs associated with a Design-Build Contract; or 2.1.2.4.4 the facilities exist to serve a highway purpose. 2.1.2.5 Except as otherwise provided in § 43-1-1411(5), C.R.S., when in the acquisition of new SH ROW, the Department overtakes a utility’s real property interest, the Department may: 2.1.2.5.1 acquire a replacement property interest for the utility or reimburse the utility for the reasonable cost of acquiring its own replacement interest, the reasonableness of which will be determined by the Department after consultation with the utility; or 2.1.2.5.2 where it is not necessary, by virtue of the nature of the transportation project to relocate utility facilities, the Department may enter into a common use agreement or other type of agreement with the utility that allows a property interest to exist within SH ROW; or 2.1.2.5.3 if the utility must relocate within the SH ROW and if a replacement interest is not acquired, the utility may be justly compensated to the extent allowable in accordance with Colorado eminent domain law and precedent for the value of its real property interest; or 2.1.2.5.4 if the relocation of a utility’s facility is necessitated by a transportation project and the utility elects to relocate its facilities within the SH ROW, the Department may enter into a common use agreement or a utility permit with the utility that allows reimbursement for future relocations of the utility’s facilities provided that the utility vacates all property interest that exists within the SH 2.2 Utility Permits and Utility Relocation Permits to the State Highway 2.2.1 Requirement to Obtain a Permit 2.2.1.1 Utility owners must obtain a permit from the Department prior to performing any utility accommodation work, including the initial installation, relocation, system upgrades, maintenance activities not covered under existing permit, or facilities removal. 2.2.1.2 The utility must obtain a new or revised permit for any work which is not expressly described in the language of the scope of work of an existing permit. The Department may issue an annual maintenance permit, depending upon the utility type, for planned or emergency maintenance activities, traffic and roadway characteristics. 2.2.1.3 Applications for utility permits and utility relocation permits, shall be on Departmentprescribed forms, unless issuing authority for permits has been delegated to a local agency. 2.2.1.4 The utility shall comply with all applicable requirements of the Code, and if a permit is issued, with all terms and conditions of that permit. 2.2.1.5 A utility shall not perform any utility accommodation work without first obtaining a permit issued by the Department or delegated issuing authority. 2.2.2 Application for a Utility Permit 2.2.2.1 An applicant must submit an application for a permit to the appropriate Region Utility Permit Office where the accommodation is requested. CDOT region offices are located in Denver, Durango, Grand Junction, Greeley, and Pueblo. For permitting purposes the Durango region is further subdivided into Durango and Alamosa offices. Contact names, addresses, phone/fax numbers and e-mail addresses are available online from the CDOT Utility Code website (https://www.codot.gov/business/permits/utilitiesspecialuse/permitprocess.html). 2.2.2.2 The application must be submitted through the Department’s prescribed CDOT Form #1233, which is available from the Department’s regional offices or online. The application must include a complete description of the purpose, nature and specific location of planned work, and the anticipated start and completion dates for that work.

The application must include a scope of the proposed activities to be covered by a permit, including type and size of utility facility, proposed utility plans, traffic control plans, insurance certificate, methods used to perform the work. The application must describe that information in sufficient detail to enable the Department to determine exactly what work is proposed. 2.2.2.3 Permits are only issued in the name of the utility owner. If the applicant is other than the utility owner, the application must include written evidence granting the applicant’s

authority to act as an agent for the utility owner. Such evidence will be on official utility owner letterhead, signed by the utility owner granting such authority. Such written evidence shall acknowledge that the utility owner understands that the permit will only be issued to the owner. 2.2.2.4 The applicant shall submit reasonably necessary additional items of information, if any, as requested by the Department in conjunction with a permit application, including but not limited to: highway and utility plan and profile information, utility facility design, existing and/or proposed locations of other facilities within the affected area, evidence of adequate, and current liability insurance coverage of the proposed work, and any available Global Positioning System (GPS) coordinates for all proposed work. 2.2.3 Action on the Application; Issuance of Permit 2.2.3.1 The Department may refuse to accept or consider any incomplete application that lacks necessary information or detail. Such permit is not denied but the Department may defer the administration, review, and processing until it is deemed complete. 2.2.3.2 When a completed application is received, the Department shall promptly evaluate and act on the application in accordance with the Code and any applicable federal and state laws. For any applications involving extraordinary circumstances, the Department shall negotiate additional reasonable time, as necessary, to completely review and act on an application. 2.2.3.3 If the Department denies the permit requested by the application per Section 2.2.6.1, a copy of the permit application marked “Denied,” together with a written explanation of the grounds for the denial shall immediately be provided. Retracted applications are not permit denials. 2.2.3.4 If the Department preliminarily approves the permit requested by the application, it will prepare and transmit to the applicant for signature a written permit containing standard provisions and applicable special provisions and other terms and conditions. The permit will be prepared using the Department’s prescribed form. The permittee must sign and return the permit to the Department in a timely manner. 2.2.3.5 The Department may issue a “conditional” permit that is subject to further resolution of such matters as work schedule, construction methods or other permit requirements, before the affected work may proceed. 2.2.3.6 The effective date of the permit shall be the date the Department signs the permit. A permit shall not be effective or valid until it is signed by the permittee and the Department, with the date of issuance properly affixed thereto. 2.2.3.7 If the permittee does not sign the permit, or does not agree to all the terms and conditions of the permit, or does not return the signed permit within that 60-day period, then the Department shall have no obligation to sign the permit or to take further action on the permit. 2.2.3.8 The Department will submit the Utility Relocation Permit to the Utility Owner for signature when a utility relocation is required for a transportation project. 2.2.4 Utility Permits Requiring Third Party Approval 2.2.4.1 The applicant must obtain the approval of a third party, and agree to terms and all conditions imposed by that third party, before the Department will issue a permit in certain circumstances, which may include but not be limited to: 2.2.4.1.1 applications wherein the proposed accommodation is on federal lands and the SH ROW grant is for highway purposes only. In such cases, the applicant must first obtain permission from, and comply with the requirements of, the federal agency having jurisdiction over the underlying land; or 2.2.4.1.2 proposed utility accommodation wherein others hold an overlapping easement or other real property interest in a portion of SH ROW. In such cases, the application must include written evidence that the overlapping easement or other real property interest owner concurs with the application; or 2.2.4.1.3 required FHWA concurrence when the proposed accommodation is on the ROW of a federal aid highway and either: 2.2.4.1.3.1 does not conform with applicable federal regulations; or 2.2.3.1.3.2 does not comply with the Code; or 2.2.4.1.3.3 involves longitudinal use of the SH ROW by a private line as described in Section 3.2.2.5; or 2.2.4.1.4 the proposed accommodation involves the joint use of another utility owner facility or facilities, or involves the co-location of two or more utility facilities in a common trench or conduit. 2.2.4.2 Any necessary FHWA approval under Section 2.2.4.1 above will be requested by the Department during the permit application review process. The applicant shall be solely responsible to request and obtain all other approvals required under Section 2.2.4.1 above. 2.2.4.3 The applicant must identify and address the need for any such third party approval in the application. The Department will advise the applicant of such needs that it is aware of, and will make the permit expressly subject to prior written approval of such third parties, or may require reasonable evidence of such approvals. 2.2.4.4 If a permit is issued, it will contain, or incorporate by reference, all terms and conditions required by such third parties. 2.2.4.5 Environmental clearances must be obtained as described in Section 3.1.7. 2.2.5 Variance Procedures 2.2.5.1 The applicant must submit a written request, as part of the permit application, if seeking a variance from any requirement of the Code. The request shall describe the proposed variance, and the specific reasons for the variance. 2.2.5.2 In determining whether to grant a variance the Department will consider all relevant factors, including whether: 2.2.5.2.1 a variance is reasonably necessary for the convenience, safety and/or welfare of the public; or 2.2.5.2.2 there is exceptional or undue financial burden or other hardship on the applicant, or a physical impracticability; or 2.2.5.2.3 a variance will not impair the highway, highway operations, maintenance, safety or otherwise conflict with the purposes of the Code; or 2.2.5.2.4 a variance would not be detrimental to the public health, welfare and/or safety. 2.2.6 Denial, Suspension, Modification or Revocation of Permit 2.2.6.1 The Department may deny a permit pursuant to § 24-4-104, C.R.S. if the requested utility accommodation does not comply with the Code or applicable law, or otherwise endangers the public health, safety and/or welfare. 2.2.6.2 The Department may suspend, limit, modify, revoke or refuse to renew or revise a previously issued permit pursuant to § 24-4-104(5), C.R.S. if: 2.2.6.2.1 The application contains any material misrepresentations, false information, or its approval was otherwise obtained fraudulently and/or in bad faith; or 2.2.6.2.2 The permitted work is performed in violation of the terms and/or conditions of the permit, the requirements of the Code or any other applicable law; or 2.2.6.2.3 The Permittee fails to satisfactorily perform, in a timely manner, any obligation imposed by the permit or the Code; or 2.2.6.2.4 Such action is necessary to protect the highway facility, or otherwise protect the public health, safety and/or welfare; or 2.2.6.2.5 The Permittee is currently in default on the conditions of a previously issued permit or is currently in arrears on payment of damages to the Department, as specified under Section 2.1.2.3. 2.2.6.3 The utility permit manager shall give the Permittee notice in writing pursuant to § 24-4- 104(3)(a), C.R.S., and afford the Permittee opportunity to submit a response and give the Permittee a reasonable opportunity to comply with all lawful requirements, except in cases of deliberate and willful violation or a substantial danger to public health and safety 2.2.6.4 Immediate Suspension of Permit. Pursuant to § 24-4-104(4)(a), C.R.S., where the utility permit manager has objective and reasonable grounds to believe and finds, upon a full investigation, that the Permittee has been guilty of deliberate and willful violation or that the public health, safety, or welfare imperatively requires emergency action and incorporates the findings in its order, the utility permit manager may summarily suspend the permit pending proceedings for suspension or revocation which shall be promptly instituted and determined. For purposes of immediately suspending a permit, full investigation means a reasonable ascertainment of the underlying facts on which the agency action is based. 2.2.6.5 Proceedings for Denial, Suspension, Modification or Revocation of Permit 2.2.6.5.1 Pursuant to § 24-4-104(3)(a), C.R.S., the utility permit manager shall give the applicant or Permittee: 2.2.6.5.1.1 Notice in writing that specifies in what respect the Applicant or Permittee has failed to comply with state and or federal law or these Rules; 2.2.6.5.1.2 If requested by the applicant or Permittee, a reasonable opportunity to comply with all lawful requirements; and 2.2.6.5.1.3 Notice of the right to request a hearing. 2.2.6.5.2 Pursuant to § 24-4-104(10), C.R.S., written notice of the denial, revocation, suspension, limitation, or modification of a permit and the grounds for the action shall be served promptly on the Permittee personally or by mailing by first-class mail to the last address furnished to the Department by the applicant or Permittee. The notice must also be sent on the same day via email to the applicant or Permittee's last known email address. 2.2.7 Hearings 2.2.7.1 The utility owner may request a hearing regarding the CDOT utility permit manager's decision respecting the renewal, denial, revocation, suspension, limitation or modification of a permit, pursuant to the provisions of § 24-4-104, C.R.S. 2.2.7.2 A request for hearing shall comply with the following provisions: 2.2.7.2.1 The request for an administrative hearing shall be submitted to the Chief Engineer within 60 days of receipt of personal service or first-class mail and email of written notice of denial or transmittal of the permit for signature. A request for a hearing shall be submitted to the Chief Engineer at the Colorado Department of Transportation. 2.2.7.2.2 Upon proper request by the utility owner, a hearing shall be held within ninety (90) days of the receipt of the request unless otherwise agreed upon. 2.2.7.3 Pursuant to § 24-4-105(2)(a), C.R.S., the Department shall give a Notice of Hearing to the utility owner of the time, place, and nature of the hearing, the legal authority and jurisdiction under which it is to be held, and the matters of fact and law asserted, at least 60 days prior to the hearing. The Notice of Hearing shall be served personally or by mailing by first-class mail to the last address provided to the Department. 2.2.7.4 The Chief Engineer shall appoint a Hearing Board consisting of three or more persons to preside over the hearing, at least one of which will have experience with utility issues within the SH ROW. Hearing Board members may serve on a Hearing Board more than once. The Chief Engineer shall select, from among the Hearing Board members, a chairperson who shall direct the proceedings, and shall assign a Department employee as a non-voting Hearing Board secretary, who will accomplish the Hearing Board’s administrative duties. 2.2.7.4.1 The Hearing Board shall have authority and the hearing shall be conducted pursuant to § 24-4-105, C.R.S. Each side shall have 30 minutes in which to present their case, beginning with the utility owner, and the utility owner shall have 15 minutes in which to rebut the Department’s presentation. The Hearing Board may opt to hear opening and closing statements, and may ask questions of either party. If requested, the Hearing Board may, but is not required to, extend the allotted times. Each party may have an attorney present their case, solely at their own expense. Any attorney who is a witness may not act as counsel for the party calling the attorney as a witness. 2.2.7.4.2 The Hearing Board shall electronically record the proceedings but must hold the hearing before a certified court reporter. 2.2.7.4.3 The utility shall have the burden of proof, by a preponderance of the evidence, relating to the Department’s decision regarding the utility permit. 2.2.7.4.4 Within 10 days of the hearing, the Hearing Board shall make a recommendation to the Chief Engineer regarding the validity of the Department’s action on the utility permit. The recommendation shall be in writing and contain a Statement of Findings and Conclusions upon all the material issues of fact, law or discretion presented by the record and shall enter an appropriate order sanctioning or denying relief. The recommendation shall not be binding on the Chief Engineer. 2.2.7.4.5 The Chief Engineer shall take the recommendation of the Hearing Board under advisement and shall make a final decision on the utility permit within 30 days of receipt of the recommendation. The decision of the Chief Engineer shall be in writing and sent to all parties via email and first class mail. The decision of the Chief Engineer shall be the final agency action of the Department pursuant to §§ 24-4-105 and 24-4-106, C.R.S. 2.2.7.4.6 Petitions for Declaratory Orders pursuant to § 24-4-105(11), C.R.S., may be considered by the Chief Engineer on any issues within the jurisdiction of the Commission and the Department. 2.3 Installation, Operation and Maintenance 2.3.1 Construction and Inspection 2.3.1.1 The permittee shall keep a copy of the completed utility permit, including accepted plans, accepted TCP, insurance and other required attachments at the accommodation work site at all times. All such documents and all the utility accommodation work shall be subject to Department review at all reasonable times. 2.3.1.2 Permittee shall not proceed with any work covered by a conditional permit pursuant to

Section 2.2.3.5 without express written Department permission. 2.3.1.3 An approved permit will specify the completion date for all the accommodation work, which work shall include final cleanup. The permittee shall not perform any work after that date without the prior written Department approval. A permit shall expire automatically if the construction work approved therein has not commenced within the timeframe established in the permit or approved time extensions(s). 2.3.1.4 The permittee shall provide notice to the Department at the following times: 2.3.1.4.1 at least two working days prior to commencing work, or resuming operations which have been suspended for five or more consecutive working days; and 2.3.1.4.2 promptly upon completion of the work; or 2.3.1.4.3 when otherwise specified in the permit or as ordered by the Department. 2.3.1.5 The Department may designate an inspector during permit operations, to assist with coordinating the work and inspect the work during progress and upon completion. 2.3.1.6 The Department shall determine the extent of necessary inspection services. 2.3.1.7 Remediation of any unacceptable work under the approved permit shall be as ordered by the Department and completed in a timely manner prior to any further work, as determined by the Department. 2.3.1.8 The permittee shall attend a final site inspection, as directed by the Department. 2.3.1.9 The permittee shall comply with all requirements related to the performance of planned or ongoing highway construction work in the same area of the SH ROW, in order to coordinate the performance of any such work and minimize public inconvenience and cost. 2.3.1.10 When utility operations encounter areas of previously unknown historical or ecological significance, the permittee shall immediately avoid any further disturbance thereof, and shall promptly notify and follow any subsequent Department and/or other applicable Federal, State or local agency rules and regulations. 2.3.1.11 If utility operations cause or observe hazardous materials spills or unauthorized discharges, the permittee shall immediately notify the Department and any other interested Federal, State and local agencies. If the utility construction causes an unauthorized discharge that may potentially enter into the Department’s Municipal Separate Storm Sewer System (MS4), operations must cease until the discharge has been properly contained and the appropriate corrective measures have been implemented. An unauthorized discharge is any discharge to a municipal separate storm sewer that is not composed entirely of stormwater, CDPS permitted discharges and allowable non-stormwater discharges. 2.3.1.12 If utility operations are not being carried out in compliance with the terms and conditions of the permit, the Department shall order the utility to perform whatever corrective measures are necessary to attain compliance. If there is an imminent danger to the public’s health, safety or welfare, the Department shall order the utility to cease all operations, and if necessary, to remove all equipment and facilities from the SH ROW. 2.3.1.13 If no permit has been issued for utility work in the SH ROW, the Department shall order the utility to immediately cease all operations until such time as a permit is obtained. If deemed by the Department to be necessary for the public’s health, safety or welfare, the Department shall order the utility to remove all equipment and/or facilities from the SH ROW. The permit issued for the work may include whatever terms and conditions necessary to correct any improperly performed work and attain Code compliance. 2.3.2 Plan Revisions or Altered Work 2.3.2.1 The permittee shall not revise the plans or methods of performing the work covered in the permit without prior written Department permission. 2.3.2.2 The permittee shall promptly notify the Department of any desired changes, or if site conditions are encountered which may require changes. 2.3.2.3 The Department may accept and/or order minor changes in the plans and/or methods that are within the scope of the existing permit. 2.3.2.4 The permittee must apply for, and receive a new or revised permit before performing any major change(s) in the work. Permittee will be required to provide the Department with “As-Constructed” plans when alterations are made as per Section 3.3.4.6 herein. 2.3.3 Operation and Maintenance 2.3.3.1 The permittee shall operate and maintain all utility facilities in SH ROW in accordance with the permit, either the initial permit or any subsequent individual or annual maintenance permit, and in a manner that does not impair traffic safety or unreasonably interfere with the operation and maintenance of the State highway or SH ROW. 2.3.3.2 A permit will describe the scope of work and conditions thereto, and of maintenance activities that may be performed without prior notice to and/or Department approval. The permittee shall provide written notice to, and if necessary obtain a new permit from, the Department before performing any maintenance not expressly covered in the permit. 2.3.3.3 The Department shall be given proper advance notice, as specified in the permit, whenever maintenance work will affect the movement and/or safety of traffic. 2.3.3.4 To determine if the permittee must obtain a new permit for maintenance activities, the Department shall consider all relevant factors, including: extent and duration of the work, traffic control requirements and required construction or excavation within SH ROW. 2.3.3.5 The permittee shall provide reasonable advance written notice before performing maintenance work which is confined to areas beyond the traveled way and contiguous shoulders, which does not require new excavation or construction, and which does not require the active control or rerouting of traffic, and temporary lane closures where utility facilities must be serviced from within the traveled way, provided that the traffic control plan in the original permit addresses such closures. Forty-eight (48) hours of notice is required for all non-emergency work requiring temporary lane closure(s). 2.3.3.6 Emergency repairs not affecting the movement or safety of traffic may be performed with reasonable notice to the Department as provided herein. The permittee shall notify the Department soon after the repairs are completed, and shall comply with the terms of the initial permit for the facility, as well as any subsequent permit issued to cover site restoration activities. If emergency repairs will affect the movement or safety of traffic, the permittee shall, before commencing such repairs, notify the Department and the appropriate law enforcement agency to coordinate traffic safety measures. The permittee shall notify the Department soon after the repairs are completed, and shall comply with the terms of the initial permit for the facility, as well as any subsequent permit issued to cover site restoration activities. 2.3.3.7 If the utility facility unreasonably interferes with or impairs any necessary highway function, the permittee shall, upon reasonable notice from the Department, shut off utility lines, remove combustible or hazardous materials from SH ROW, provide necessary temporary safeguards and take other appropriate actions as directed by the Department. 2.3.3.8 The permittee shall provide written notice to the Department and obtain written permission prior to any change in the carrying capacity of the utility’s facility before implementing such change. 2.3.3.9 The permittee shall contact the Department immediately if, during any operation and maintenance procedure, an illicit discharge or improper connection is observed. 2.3.4 Safety Corrective Measures 2.3.4.1 The permittee shall promptly perform any corrective safety measures that the Department, after consultation with the utility owner and others, deems necessary to protect the public health, safety or welfare and has notified the permittee in writing thereof. 2.3.4.2 The permittee’s performance of the safety corrective measures shall conform with the Code. 2.3.4.3 When the public health, safety or welfare require that any corrective measures be performed immediately, and if the permittee is unable or unwilling to take such action, the Department may perform those corrective measures, pending a determination of responsibility and an allocation of cost for that performance. 2.3.5 Utility Relocations Initiated by the Department 2.3.5.1 The utility shall relocate its existing facilities when the Department provides reasonable notice to the utility in writing that the relocation is necessary due to a transportation project or other transportation purpose. The notice shall include all available and relevant information including the Department’s planned timeframe within which the utility relocation work must be completed. If the relocation of the company’s facilities is necessitated by a transportation project, the Department shall provide written notice to the utility. 2.3.5.2 When the utility owner is required to relocate existing utility facilities, the utility owner shall assist the Department to develop schedules and alternatives concerning the new location of the facilities. The Department will consider the impact of new transportation projects on existing utilities during project development. 2.3.5.3 The utility shall relocate its facilities in compliance with all terms of the permit. The permit shall be prepared using the Department’s prescribed forms. 2.3.5.4 The utility shall perform the relocation at or within a time convenient to, and in proper coordination with, the project or transportation-related activity, to minimize public inconvenience and cost, as directed by the Department. 2.3.5.5 Every permit shall be contingent upon and subject to the right of the Department to require the utility, upon reasonable written notice, to relocate facilities as necessary for any transportation purpose. 2.3.5.6 Relocations associated with Design-Build Contracts shall conform to the provisions of

Part 14 of Article 1, Title 43, C.R.S. 2.3.5.7 Utility relocation cost responsibilities are described in Section 2.1.2. 2.3.6 Illegal or Nonconforming Installations or Activities 2.3.6.1 The utility owner shall, after receiving written notice from the Department: promptly remove any utility facility which was constructed, installed, revised or relocated without a utility permit or in violation of the terms of a permit after the effective date of the Code, immediately cease all unauthorized utility activities, promptly perform remedial actions to attain compliance with the terms and conditions of a permit that was issued after the effective date of the Code, and immediately suspend the permitted operation/maintenance of the facility when it is determined that the permittee has committed a deliberate and willful violation of the Code or permit and the public safety, health or welfare require emergency action. 2.3.6.2 Remedial actions, concerning utility accommodations that existed prior to the effective date of the Code, are subject to the provisions of Section 1.3.10. 2.3.7 Abandonment, Retirement, Change in Ownership 2.3.7.1 The utility shall notify the Department in writing of the planned inactivation of a facility or any portion thereof, including plans for removing the facility, or submit a request to retire or abandon the facility in-place. 2.3.7.2 The Department may allow a retired facility to remain in place. The retired facility shall remain the utility’s sole responsibility, and is subject to all provisions of the Code and all terms and conditions of the permit issued for that facility, including maintenance and relocation requirements. The Department shall notify the utility in writing when the facilities may be retired in place, along with any applicable special conditions. 2.3.7.3 The utility shall promptly remove all abandoned facilities from the SH ROW and promptly restore the SH ROW to pre-existing or other conditions prescribed by the Department unless the Department in writing expressly allows the facility to remain in place. Written notice from the Department, allowing an abandoned facility to remain in place, may include special conditions. 2.3.7.4 In determining whether to allow abandoned or retired facilities to remain in place, the Department may consider such factors as: present or potential congestion of utility installations, highway construction and/or maintenance requirements, cost and/or difficulty of removal, presence of hazardous materials such as asbestos, the potential for the facilities removal by the Department at some future date, and traffic and/or safety requirements. 2.3.7.5 The Department will notify the utility in writing of the determination if and/or when the facilities must be removed. 2.3.7.6 If utility facilities are retired or abandoned in place, the Department may require the utility to: cap, plug or fill lines, furnish suitable location records for any such buried facilities, maintain records of such facilities and respond to locate notices and requests from the UNCC or others. In providing such services, the utility shall indicate to the requesting entity whether or not the subject facilities are retired or abandoned, perform any other actions as deemed necessary by the Department to protect the transportation facility or the traveling public. 2.3.7.7 When transferring ownership of utility facilities, both the original permittee and the new owner shall notify the Department in writing prior to the change, and such notice shall indicate the planned date of change. The notice from the new owner shall include a written statement accepting all terms and conditions of the existing permit, effective upon the planned date of ownership change. 2.3.7.8 Utility facilities containing asbestos shall not be retired in-place without the express written permission of the Department with the utility owner retaining full legal responsibility for the facilities.

3.0 ACCOMMODATION STANDARDS 3.1 General 3.1.1 Use of Highways for Non-Highway Purposes - Utilities may only be accommodated within SH ROW when such accommodations do not adversely affect highway or traffic safety, or otherwise impair the highway or its aesthetic quality, and do not conflict with the provisions of Federal, State, or local laws or regulations. 3.1.2 Utilities Which Serve a Highway Purpose 3.1.2.1 The applicability of the Code’s location standards will be addressed in the service agreement. 3.1.2.2 The Department reserves the right to amend or waive Code requirements. 3.1.3 Joint Use Utility Facilities 3.1.3.1 Utilities shall implement joint use design alternatives where the Department determines it is necessary or prudent for the safe and efficient use of the SH ROW, especially in developing areas subject to a proliferation of individual utility installations. When so directed by the Department, the permittee is responsible for proper coordination with other affected utilities. Joint use facilities shall comply with all applicable industry guidelines and standards. 3.1.4 Utility Permit Standard and Special Provisions - Effect 3.1.4.1 Utility owner shall comply with all permit terms and conditions, including but not limited to, permit standard provisions, and any designated as special provisions. 3.1.5 Liability Insurance and Indemnification 3.1.5.1 The utility owner shall ensure that all permitted operations, whether performed by the utility owner or by subcontractors, are adequately and continuously covered by liability insurance. The types and minimum amounts of insurance acceptable to the Department will be specified in the permit application, and in the permit terms and conditions. It shall be the utility owner’s responsibility to ensure full compliance with this requirement and failure to do so shall constitute a violation of the permit conditions and expose the utility owner to damage claims resulting from the subcontractor’s operations within the SH 3.1.5.2 Policies shall name the Department, and the state of Colorado as an additional insured party, and provide for advance notification to both in the event of cancellation of coverage. This requirement is not applicable to other government entities. 3.1.5.3 Before commencing any work on any SH ROW, the utility owner shall furnish or cause to be furnished certificates of insurance in a form satisfactory to the Department certifying that the policies are in full force and effect. Insurance documentation shall be available on site at all times during the work. 3.1.5.4 Utilities that frequently operate within highway ROW may, with the Department’s concurrence, annually or semi-annually file appropriate insurance documentation which demonstrates adequate and continual coverage of all permit operations. 3.1.5.5 To the extent authorized by the law, the utility shall hold harmless the Department, its employees and agents, against any action for personal injury or property damage caused by or growing out of any act or omission regarding the use or occupancy of SH ROW by the utility owner or by the utility’s facilities. 3.1.6 Right of Way Considerations 3.1.6.1 In the location and design of its facilities, utility owners shall consider the need to conserve space for the future accommodation of other utility facilities, anticipate future expansion requirements and, when feasible, install additional carrying capacity to meet such needs. Utility owners shall enter into joint use arrangements with other utilities whenever feasible, and shall design facilities so as to minimize interference with the operation or maintenance of other pre-existing utility facilities. 3.1.6.2 The Department may deny a proposed utility use or occupancy of the SH ROW, based on highway user needs, safety or other criteria as set forth in 23 C.F.R. 645 B. 3.1.6.3 When the highway is adjacent to agricultural lands, the Department may deny a proposed utility use or occupancy of the SH ROW, but only when such denial is consistent with the provisions of 23 C.F.R. 645.211(c). 3.1.7 Environmental Compliance 3.1.7.1 The utility owner shall comply with the “Colorado Air Quality Control Act,” Title 25, Article 7, C.R.S., and regulations promulgated thereunder. 3.1.7.2 Utility operations shall comply with the maximum permissible noise levels and related requirements, prescribed in § 25-12-103, C.R.S. 3.1.7.3 The utility owner shall minimize the generation of hazardous wastes as defined in § 25- 15-101(9), C.R.S. resulting from permitted operations, shall promptly remove any such wastes from SH ROW, and shall arrange for the proper treatment, storage, reuse, and/or disposal of such wastes in accordance with the provisions of Title 25, Article 15, C.R.S., and regulations promulgated thereunder. 3.1.7.4 As directed, the utility shall perform an appropriate environmental site assessment to determine whether a proposed buried installation would facilitate the underground migration of hazardous wastes from a known site and, if so, shall employ construction methods, as directed or accepted by the Department, to prevent such migration. 3.1.7.5 The utility shall comply with the “Colorado Water Quality Control Act,” Title 25, Article 8, C.R.S.; the “Protection of Fishing Streams,” Title 33, Article 5, C.R.S.; the “Clean Water Act,” with promulgated regulations and certifications issued. Temporary erosion and sediment control shall be provided in accordance with Sections 3.4.7 and 3.4.8. 3.1.7.6 The utility shall comply with all requirements of an applicable permit and all special conditions thereto, issued by the US Army Corps of Engineers, when placing dredged or fill materials in waters of the US for utility line crossings, intake or outfall structures. 3.1.7.7 When directed by the Department, the utility shall perform advance natural resources investigations in the vicinity of all proposed buried or above-ground installation, as necessary, to comply with the Endangered Species Act the Migratory Bird Treaty Act, and the Bald and Golden Eagle Protection Act. Additionally, the utility shall coordinate with the Department and the Colorado Division of Parks and Wildlife a minimum of 90 days in advance of construction within or adjacent to active stream channels in order to ensure compliance with § 33-5-101, C.R.S. The Permittee and the Department will share information whenever possible to assist in the compliance with this rule. 3.1.7.8 The utility shall avoid construction or other activity in wetlands unless there is no practicable alternative to such construction or activity and provided that all practicable measures are taken to minimize harm to wetlands which may result from such use. The utility shall perform any permitted work in wetlands in accordance with the Code, Federal, State or local rules and regulations, and as directed by the Department. 3.1.7.9 When directed by the Department, the utility shall perform advance cultural resources investigations, as necessary for the Department to comply with the “Colorado Historical, Prehistorical, and Archaeological Resources Act,” § 24-80-401, C.R.S., and the “Colorado Register of Historical Places Act,” § 24-80.1-101, C.R.S., which are incorporated by reference herein. 3.1.7.10 Any cultural resources investigation required by Section 3.1.7.9 above shall be performed by a historian qualified through the Secretary of the Interior or an archaeologist possessing a valid permit from the Colorado Office of Archaeology and Historic Preservation, as required. Such investigations, and proposed mitigation if any, shall be subject to review and concurrence by the Colorado State Historic Preservation Officer. Any permit issued shall include all mitigation measures prescribed as a result of such investigations. 3.1.7.11 When directed by the Department, the utility shall perform advance paleontological resources investigations in the vicinity of a proposed buried installation, as necessary for the Department to comply with the Colorado Historical, Prehistorical, and Archaeological Resources Act, Title 24, Article 80, C.R.S. Any paleontological resources investigation required shall be performed by a paleontologist permitted by the Colorado Office of Archaeology and Historic Preservation. Such investigations, and proposed mitigation if any, shall be subject to review and concurrence by the Department. Any permits shall include all mitigations prescribed as a result of such investigations. 3.1.7.12 For utilities that lie within any MS4 permit boundaries, the owner of such utility shall contact the state or local entities that have been issued an MS4 permit regarding stormwater-related compliance requirements under the entity’s MS4 permit. 3.1.7.13 The utility shall comply with all applicable CDPHE water quality rules and regulations. The utility shall contact the CDPHE to obtain a CDPS permit, if required, for any type of discharge, including but not limited to the following: construction site stormwater runoff, stormwater from industrial sites, drainage from utility line casings, construction dewatering, hydrostatic testing water, equipment wash water or rinse operations water, effluent from industrial treatment plants, and effluent from municipal wastewater treatment facilities. 3.1.7.14 Prohibited non-storm water discharges that enter into the storm sewer system must be reported to the CDOT Water Quality Program Manager immediately upon discovery and repaired as soon as possible. Any spills which do not enter the storm sewer system shall be, at a minimum, referred to the Department. 3.1.7.15 The utility shall notify the Department of breaks or damage to any pipes owned by either the utility or by other entities, arising from the utility’s permitted operations. The utility shall notify CDPHE if the break may lead to contaminated material or pollutants entering the Department’s right of way and which may have the potential to reach State Waters. The utility shall be responsible for the prompt reconstruction and repair of damaged pipe, environmental cleanup, restoration and damages as required by the Department and CDPHE-WQCD, and any other regulatory agencies. 3.1.7.16 The utility shall perform concrete washout in accordance with approved Department guidelines, as explained in the Environmental Clearances Information Summary of the Permit. 3.1.7.17 Prohibited non-stormwater discharges include, but are not limited to, substances such as paint, automotive fluids, hydraulic fluids, solvents, oils or soaps. 3.1.7.18 The utility owner will comply with regulations established by the CDPHE, and/or policies established by the Department, pertaining to the handling and disposal of asbestos and asbestos-containing-materials, including applicable air quality permitting requirements, as explained in the Environmental Clearances Information Summary of the Permit. 3.1.7.19 If the utility owner is aware of the presence of mine tailings within the project site of a proposed facility installation, they shall so indicate on their permit application. If unexpected mine tailings are encountered during work, the utility shall immediately contact the Department. The utility owner shall comply with any special provisions pertaining to the handling, disposal, containment or monitoring of mine tailings as specified in their permit, or as directed by CDPHE or the Department. 3.1.7.20 It is the responsibility of utility owners to contact appropriate environmental regulatory agencies and obtain all environmental clearances and/or permits required for their activities. All required clearances or permits must be obtained prior to commencing work within the SH ROW. To the extent that the Department is made aware of any specific required environmental clearance or permit during the utility permit application review process, by either the permittee or the implementing environmental regulatory agency, the Department will include a special permit provision requiring that those specific clearances/permits be obtained prior to commencing work. 3.1.8 Aesthetic Considerations 3.1.8.1 Utility facility designs shall consider measures to preserve or enhance landscaping, vegetation, scenic and/or other aesthetic features of the highway and contiguous surroundings. 3.1.8.2 A utility installation shall not unreasonably detract from the scenic or aesthetic qualities inherent to the highway, and shall not block scenic views in any manner. 3.1.8.3 The utility shall utilize architectural considerations and colors that fit into the topography and blend with nature, as directed or approved by the Department. 3.1.8.4 New utility installations in scenic areas are subject to the criteria of Section 3.2.3 of the Code. 3.1.9 Closure Requirements 3.1.9.1 The submission of the As-Constructed plan shall meet all of the requirements set forth in

Section 3.3.4.6.2 absent express approval to be excluded from the requirement to submit plans in the specified electronic file format. 3.1.9.2 The submission of the As-Constructed plan shall be accompanied by an email notification from the Utility requesting that the Permit be closed. 3.1.9.3 The Department shall accept or not accept the work under the Permit upon inspection. 3.1.9.4 When accepted, the Department shall issue a final acceptance of the work by letter. 3.1.9.5 Permittee shall be responsible for continued maintenance responsibilities pursuant to

Section 3.4.8.8 for the elements of the highway facility impacted under the Permit until such time that the Department issues its final acceptance of the work pursuant to Section 3.1.9. 3.1.9.6 Final acceptance of the work shall begin the two-year warranty period and maintenance responsibilities pursuant to Section 3.4.8.8. 3.1.9.7 Failure to provide the Department with an “As-Constructed” plan when required as well as the Closure request will result in a delay of the final acceptance of the work. 3.1.9.8 Failure to provide the Department with an “As-Constructed” plan and the Closure request will: 3.1.9.8.1 Result in the delay other permit requests, see Section 2.1.2.3.2; and 3.1.9.8.2 Constitute a failure to perform an obligation imposed by the Permit or Code pursuant to Section 2.2.6.2.4. 3.2 Restricted Uses 3.2.1 New Above Ground Installations 3.2.1.1 New above ground utility installations on SH ROW shall be located as far as possible from the traveled way, preferably along the ROW line. 3.2.1.2 New above ground installations shall not be permitted within the clear zone, as determined in accordance with Section 3.3.3, unless the Department determines that undergrounding is unfeasible or unreasonably costly, and that no feasible alternatives exist. If permitted, the utility shall employ appropriate countermeasures to reduce hazards, as determined in accordance with Section 3.3.3.4. 3.2.1.3 Ground-mounted radio or telecommunication facilities including relay and repeater stations which must be housed in a building structure shall not be permitted on SH ROW unless the Department determines that feasible alternative locations are unavailable. The Department reserves the right to allow smaller, pole-mounted repeaters and telecommunications boosters within the highway right-of-way, subject to the same clear zone requirements applicable to other above-ground installations. 3.2.2 Accommodations on Expressway, Freeway and Interstate ROW 3.2.2.1 Utility accommodations within expressway, freeway and Interstate ROW shall be subject to additional requirements not generally applicable on other highways. 3.2.2.2 Utilities may be accommodated within frontage road areas of such ROW without complying with the requirements of this Section, if the frontage road areas can be accessed, for constructing and servicing the utility, from beyond the fully access controlled portion of that ROW. “Frontage road areas” will be delineated by a fence, access, or barrier line established between the frontage road and the expressway, freeway or Interstate mainline or ramps. 3.2.2.3 Except as provided in Section 3.2.2.6 below, utility accommodations within CDOT ROW shall comply with all applicable federal and state laws, local rules or regulations, and the requirements set forth in this Utility Code. 3.2.2.4 Utilities crossing freeway ROW, and all installations within or traversing interchange areas, shall conform with the requirements set forth by the FHWA, and with the following requirements: 3.2.2.4.1 Trenchless construction methods for buried line crossings shall be utilized for the full width between access lines, except that the Department may permit trenches within medians or beyond the outer roadway shoulders if it finds that other installation methods are impractical, and if adequate safeguards for workers and highway users are provided. 3.2.2.4.2 Pavement cuts shall not be permitted on freeways, expressways, or interstates, unless approved by the Department. 3.2.2.5 Except as provided in Section 3.2.2.6 below, new utilities shall not be permitted to be installed longitudinally within the access control lines of expressway, freeway, and Interstate ROW, unless special extenuating circumstances exist, as determined by the Department, and only under all of the following conditions: 3.2.2.5.1 The utility can be installed underground with minimal effort and disturbance, and will not require frequent maintenance. 3.2.2.5.2 The utility shall be installed along the outer edge of the ROW in a utility strip established by the Department. 3.2.2.5.3 Longitudinal utility installations shall not be permitted within the median. 3.2.2.6 Notwithstanding other provisions of this Section, and subject to the provisions of §§ 43-1- 1201, C.R.S., et. seq., the “Public Private Initiatives Program,” the Department's accommodation plan and the express approval of the Commission, and if it is on the interstate, also with the express approval of the FHWA, the Department may solicit and /or enter into agreement(s) with telecommunication provider(s) for the longitudinal installation of wireline and/or wireless telecommunication facilities within expressway, freeway or Interstate ROW. 3.2.2.7 Service connections to adjacent properties shall not be permitted from longitudinal utility installations located within the access control lines of an expressway, freeway, and interstate ROW. Service connections across the full width between access control lines may be permitted in areas where utility services are not available within reasonable distance along the side of the freeway where the service is needed. 3.2.2.8 Access for constructing and servicing utilities shall conform with permit conditions and the following Code requirements: 3.2.2.8.1 If access to or from the through roadways or connecting ramps is permitted, the permit must include provisions for vehicles to safely enter or leave the traveled way without impairing the flow of traffic. At interchange areas, such access shall be only from along lower-speed ramp sections. 3.2.2.8.2 Temporary lane closures may be permitted only when no other feasible alternative exists, and only as allowed by Region lane closure policy. 3.2.2.8.3 A locked gate along the freeway, expressway, and interstate fence may be permitted to meet periodic service access needs if the Department determines that other access alternatives are impractical and that the gate does not interfere with freeway, expressway, and interstate operations. If permitted, such gate shall be secure from unauthorized use and shall under no circumstance be utilized for direct access to or from the freeway, expressway, and interstate mainline or ramps. If a gate is to be located along the freeway, expressway, and interstate ROW line, the utility must also obtain and comply with the terms of a temporary access crossing license issued by the Department pursuant to § 43-2-147, 3.2.2.9 The utility shall not access any area within freeway, expressway, and interstate ROW without prior notification and written approval of the Department. 3.2.3 New Installations Within or Adjacent to Scenic and Historic Areas and Byways 3.2.3.1 A new utility installation on a highway, or on land acquired or improved with highway funds, which is located within or adjacent to areas of scenic enhancement or natural beauty, may be permitted. Such installation shall not require extensive removal or alteration of trees or other natural features visible to the highway user or impair the visual quality of lands being traversed. For a proposed new aerial installation, the Department must find that other locations are not available or are unusually difficult and costly, are less desirable from the standpoint of aesthetic quality, that undergrounding is not feasible or is unreasonably costly, and that the proposed installations will be made at a location and employ suitable designs and materials which give the greatest weight to the aesthetic qualities of the area to be covered. 3.2.3.2 Areas of scenic enhancement or natural beauty may include but are not limited to scenic strips, overlooks, rest areas, landscaped areas, public park and recreation lands, wildlife and waterfowl refuges, native roadside trees, and historic districts and sites. 3.2.4 Private Lines 3.2.4.1 Private line crossings of SH ROW may be permitted, subject to the same location and design requirements of the Code applicable to utility line crossings. 3.2.4.2 Longitudinal installations of private lines shall be subject to a determination by the Department and the FHWA that the proposed accommodation is in the public interest and will not impair the highway or interfere with the free and safe flow of traffic thereon. 3.2.4.3 For private crossings, shut-offs may be required adjacent to the ROW in case of emergency. Private line owners shall have markers on the shut-offs with an emergency contact number. 3.2.4.4 For maintenance work on line crossings or longitudinal installations of private lines, the private line owner shall obtain a permit from the Department. 3.3 Location and Design Requirements 3.3.1 General Location Requirements 3.3.1.1 The utility shall locate all facilities in accordance with the horizontal and vertical clearance requirements set forth in the Code. 3.3.1.2 The utility shall locate longitudinal installations on a reasonably uniform alignment as near as practical to the SH ROW line. Except as otherwise provided in Sections 3.3.1.3 and 3.3.1.4 below, the utility shall not locate longitudinal installations within median areas, traveled ways, shoulders, or under curbs or sidewalks. 3.3.1.3 Except as provided in Section 3.3.1.4 below, the utility shall locate a buried longitudinal installation not less than 15 feet beyond the edge of pavement or back of curb to avoid potential conflict with highway signs, guardrail, or other appurtenances. If there is no feasible alternative to longitudinal placement outside of this 15 foot zone, the Department may, as a condition of approval, specify from among the following safeguards: increased cover depth to 60 inches in lieu of additional mechanical protection, require a concrete cap, Class B or better, with a minimum 4 inches thickness, the full width of the installation trench, require concrete encasement, Class B or better, minimum 2 inches on all sides, or require encasement in 0.25 inch wall thickness steel conduit, or other acceptable material. 3.3.1.4 The Department may allow longitudinal placement of buried utility lines beneath present and planned median areas, traveled ways, shoulders, or under curbs or sidewalks, when the State highway is also part of a local street system, subject to municipal regulations, and/or when the State highway is within an urban area as defined by the Code. 3.3.1.5 Where utility facilities are permitted to cross the highway, the utility shall install the facilities on a line perpendicular to the highway alignment. 3.3.1.6 The utility owner shall not install underground facilities in the following locations: in deep cuts, ditch flow lines, near footings of bridges and retaining walls, across intersections at grade or ramp terminals, at cross drains where flow of water, drift or stream bed may be obstructed, or within basins drained by a pump in wet or rocky terrain and difficult to attain minimum cover. 3.3.2 General Design Requirements 3.3.2.1 The utility owner shall be responsible for the design of all utility facilities to be installed within SH ROW, subject to the provisions of the Code. 3.3.2.2 The utility shall design its facilities to avoid unreasonable conflict with planned or programmed changes to existing highway facilities, as directed by the Department, so as to avoid such conflict. 3.3.2.3 The utility facility shall be of durable materials in conformity with accepted practice or industry standards, designed for long service life and relatively free from routine servicing or maintenance. 3.3.2.4 The utility shall design all utility installations to, at a minimum, meet the following requirements as applicable: electric power or communication facilities shall conform with all applicable Federal, State, and local jurisdiction codes, pipelines shall conform with the applicable provisions of industry standards and Federal and State rules and regulations, liquid petroleum pipelines shall conform with the recommended practice of the American Petroleum Institute for pipelines crossing under highways and railroads, pipelines carrying natural or other gas shall conform to the rules and regulations of the US Department of Transportation, Title 49, C.F.R., Part 192 which is incorporated herein by reference, and any pipeline carrying hazardous liquids shall conform to the rules and regulations of the US Department of Transportation governing the transportation of such materials, Title 49, C.F.R., Part 195, which is incorporated herein by reference. 3.3.2.5 The utility owner shall design and construct all buried facilities, including pipelines, conduits and casings to withstand the full range of expected internal and external pressures and loads, including internal pressures ranging from maximum expected pressure to zero pressure, and external loads from the highway and superimposed vehicle loads. Pipelines shall also be designed and constructed to resist internal and external corrosion. 3.3.2.6 All new utility facilities shall be free of asbestos and asbestos containing materials. 3.3.2.7 The utility shall design and construct all utility facilities in conformance with the applicable provisions of all Federal and State laws. The utility also has the responsibility to determine whether any local jurisdiction codes apply. 3.3.3 Clear Zone Requirements 3.3.3.1 The utility shall maintain a clear zone in accordance with the AASHTO Roadside Design Guidelines unless otherwise permitted by the Department. 3.3.3.2 The utility shall not keep, store, stockpile or allow to remain, either in the traveled way or in the clear zone of SH ROW, any utility accommodation work equipment, material or excavation or any other nontraversable hazard or fixed object. 3.3.3.3 The clear zone shall be as follows: 3.3.3.3.1 In urban areas with barrier or vertical curbs and design speeds of 40 MPH or less, a clear zone of fifteen (15) feet shall be provided wherever feasible.

Where fifteen (15) feet cannot be provided, the clear zone shall extend beyond any adjacent sidewalks. In variance situations, the clear zone shall be not less than 2 feet beyond the front face of the curb for frangible objects and not less than 4’ beyond the front face of curb for rigid objects. Placement of utility related appurtenances shall likewise take into consideration the ADA lateral offset requirements for handicap accessibility which requires a minimum unobstructed sidewalk width of 48”. 3.3.3.3.2 In all areas without curbs, or with mountable curbs, and with design speeds of 40 MPH or less, a minimum clear zone of fifteen (15) feet shall be provided, unless otherwise permitted by the Department. 3.3.3.3.3 In all areas with design speeds of 45 MPH or greater, the AASHTO “Roadside Design Guide” shall be used to determine clear zone width. 3.3.3.4 If the Department determines, in accordance with Section 3.2.1.2, that a new above ground installation may be permitted within the clear zone, the utility shall provide countermeasures as directed by the Department in the permit. Countermeasures may include: installation in locations which minimize exposure to out-of-control vehicles, use of breakaway features, use of impact attenuation devices, and use of delineation and/or shielding. High crash and/or high risk spot locations of fixed utility appurtenances within the clear zone shall not be permitted, such as along ditch flow lines and turning radii of intersecting roads or along the outside edge of horizontal curves. 3.3.3.5 The location and design of traffic barriers and countermeasures shall comply with the AASHTO “Roadside Design Guide” as well as the Manual for Assessing Safety Hardware (MASH). 3.3.3.6 All excavations shall be closed at the end of daily operations, and no unattended open excavation will be allowed within the clear zone after dark, unless otherwise permitted by the Department. 3.3.4 Utility Plans 3.3.4.1 Along with a completed utility permit application and other associated documents, the utility shall submit detailed plans or detailed work sketch showing the location, character, dimensions and details of proposed construction. See 3.3.4.6 below. 3.3.4.2 Any permit shall be subject to utility owner’s compliance with the plans accepted by the Department. 3.3.4.3 A Boring permit application shall include plan and profile information at the request of the Department, which may include vertical and horizontal offsets to all existing utilities, ROW line, and face of curb. 3.3.4.4 The Department may issue a conditional permit if certain details of the plans must be completed after permit work starts, but the utility shall not start any work related to such details until accepted by the Department. 3.3.4.5 After a permit is issued, all plan revisions shall conform with Section 2.3.2.3.3.4.6 Required Documentation. 3.3.4.6.1 Record Set. When the engineering design requires the oversight of a licensed professional engineer, a sealed Record Set is required to be submitted to CDOT prior to the start of construction. The Architects, Professional Engineers, and Professional Land Surveyors Rules and Regulations, 4 CCR 730- 1, govern the sealing requirements of engineering documents. 3.3.4.6.2 As-Constructed Plan. The Department shall require the utility to submit “As-Constructed” plans within forty-five (45) days of completion of the work, which shows actual final surface and subsurface utilities, including location, alignment, profile, and depth. Such plans shall be of an electronic format compatible with Department software. The plans shall be in electronic PDF file format, 300 dpi, page aligned, searchable, compressed, and compliant with ISO PDF/A-1b or 1a. Additionally, geodetic datum of each structure shall be provided and include the depth of underground utilities, as specified in the Special Provisions of each Permit. Exceptions to this electronic submission requirement must be agreed upon by the Department in writing. 3.3.4.6.3 Survey Utility Plan Set. CDOT may require Survey Plans (as that term is defined above) for utility work. 3.3.5 Aerial and Ground-Mounted Electric and Communications Facilities 3.3.5.1 The utility shall locate, where feasible, poles, guys, anchors, and related ground-mounted appurtenances near the ROW line and beyond embankment slopes. The utility shall not locate guy wires and stub poles between a pole and the traveled way where either guy wires or stub poles encroach upon the clear zone. 3.3.5.2 Aerial longitudinal installations in SH ROW shall be limited to single pole construction.

The Department shall not permit duplication of pole line construction on the same side of the highway. The utility must arrange for the joint use of single pole construction for aerial longitudinal locations where two or more utilities must utilize aerial facilities on the same side of the highway. 3.3.5.3 The Department shall review and accept utility plans with respect to location, the manner in which the utility facility is to be installed, measures taken to preserve safe and free flow of traffic, structural integrity of the roadway, highway structure or appurtenance, aesthetic quality of the highway, ease of maintenance, future roadway expansion, and integrity of the utility facility. 3.3.5.4 The vertical clearance for overhead power and communication lines above the highway, structure or ROW surface, and the lateral and vertical clearance from bridges shall conform with the clearances as shown below in Table 1. 3.3.5.5 The utility shall install overhead wires, conductors, and cables above the ROW surface in compliance with industry standards and Federal and State requirements referenced herein. The utility must also determine whether any local jurisdiction codes may apply at the time of design or installation. 3.3.5.6 The minimum overhead clearance shall apply to conductors at maximum final sag conditions with specified thickness of ice at 32°F (no wind displacement), at 120°F (no wind displacement), or maximum conductor temperature for which the line was designed to operate, whichever produces the largest final sag. Additionally, the minimum overhead clearance must be maintained at the point where the conductor is nearest the roadway or ground surface, taking both sag of the line and variations in ground surface elevation into account. The minimum vertical clearances between the conductor and the structure, bridge, roadway or ground surface within the ROW shall be as listed in Table 1.

TABLE 1

Minimum Vertical Clearance Within Right-of-Way Type of Conductor, Cable & Voltage Over Roadway Template Outside Roadway Template Insulated communication conductors & cables; messengers; grounded or effectively insulated guys; effectively grounded neutral conductors; 230C1 supply cables. 24 ft. 20 ft.

Noninsulated communication conductors; supply cables 0-750 Volts (multiplex wire) 24 ft. 20.5 ft.

Open Supply Conductors 0 - 750 Volts 24 ft. 21 ft.

Open Supply Conductors >750 Volts to 22 kVolts 25 ft. 23 ft.

Voltages exceeding 22 kVolts to 50 kVolts 25 ft.* 23 ft.* Voltages exceeding 50 kVolts 25.5 ft.** 23 ft.** * plus 0.4 inch per 1,000 Volts in excess of 22 kVolts ** plus [0.4 inch per 1,000 Volts in excess of 22 kVolts] X [1.0 + (.03 per 1,000 feet above 3,300 feet above sea level)] or alternate method for voltages exceeding 98 kVolts Voltages are phase to ground for effectively grounded circuits and those other circuits where all ground faults are cleared by promptly de-energizing the faulted section, both initially and following subsequent breaker operations 3.3.5.7 The utility may locate ground-mounted components of aerial facilities crossing the highway in highway median areas beyond the clear zone for both directions of travel with Department approval. 3.3.6 Underground Electric and Communications Facilities 3.3.6.1 The utility shall place buried facilities in conduit at a cover depth of a minimum of 48 inches or as otherwise directed by the Department. 3.3.6.2 Where the Department reasonably anticipates the utility will need to expand its future line capacity along the same alignment as the permitted facilities, the utility shall place spare conduit or duct, when directed in the permit, to accommodate such future needs and to avoid possible future disturbance to the highway or to traffic. 3.3.6.3 The utility shall locate pedestals, or other ground mounted appurtenances to a buried facility as near as practicable to the ROW line or any applicable clear zone requirements. 3.3.6.4 If the Department approves a variance for less than the minimum cover depth specified in

Section 3.3.6.1 above, the utility shall provide sufficient protective measures to include encasement, capping, or sleeving of the facilities as provided in 3.3.11. 3.3.7 Water, Sanitary Sewer, Natural Gas, and Hydrocarbon Pipeline Facilities 3.3.7.1 The utility shall install pipeline facilities at not less than the following minimum depths of cover: 3.3.7.1.1 water and sanitary sewer pipelines—4 feet 6 inches or the local frost penetration depth, whichever is greater, or as directed by the Department in the permit; and 3.3.7.1.2 natural gas transmission lines, mains, and service lines, and liquid hydrocarbon pipelines—48 inches, or as directed by the Department in the permit. 3.3.7.2 The utility shall reroute, or protect the pipeline, as determined by the Department in accordance with Section 3.3.11, where less than the minimum cover described above is available for any reason, including conflict with other utilities, water table, or local codes. 3.3.7.3 Joints in all pipelines operating under pressure shall be of mechanical or welded, or other leak-proof type of construction. The utility shall not use mortar, grout, or other Portland cement materials as pipeline joint sealants. 3.3.7.4 The utility shall construct sanitary sewers of materials and install them in a manner that will minimize the potential for any leakage. Such sewer lines shall be located below and at a minimum of ten (10) feet horizontal separation between pipes from all water lines and storm sewer lines. Where sanitary sewers are located such that any leakage that might occur could reach surface waters, the utility shall establish a schedule for routine inspection of the sewer line. Any observed leaks from sanitary sewers within the SH ROW shall be reported to the CDOT Water Quality Manager and the Department immediately upon discovery and repaired as soon as possible. 3.3.7.5 Sanitary sewers larger than 24 inches, lift stations, and other certain wastewater treatment facilities are subject to the design criteria, design review and approval of the CDPHE-WQCD. Other Federal, State and local jurisdiction codes may also apply. 3.3.7.6 Potable water treatment facilities and certain related distribution system facilities are subject to the design criteria, design review and approval of the WQCD. Other Federal, State and local jurisdiction codes may also apply. 3.3.7.7 Thrust blocks or mechanical joint restraints shall be required on all vertical and horizontal bends in pressure pipes. 3.3.8 Irrigation and Drainage Pipes, Ditches, Canals, Gravity-Fed Systems, and Stormwater Drainage Facilities 3.3.8.1 Irrigation and drainage pipelines shall meet the applicable requirements of Section 3.3.7.

The utility shall locate Gravity-Fed Systems, open ditches, and canals in conformance with the requirements of Sections 3.2.1 and 3.3.3 for above ground utility accommodations. 3.3.8.2 Irrigation facilities shall be constructed as directed by the Department. 3.3.8.3 Drainage pipelines carrying any type of wastewater effluent must be approved and receive a CDPS permit from the CDPHE-WQCD. 3.3.8.4 Stormwater Drainage Facilities: The Code’s definition of “utility” includes “storm water not connected with highway drainage.” Stormwater facilities constructed within the SH ROW which carry stormwater originating outside of the SH ROW and pass through the SH ROW without any connection to highway drainage are subject to the provisions of the Code, including all permitting requirements. 3.3.8.5 When a Department utility permit must be obtained to install or perform maintenance on storm drainage facilities, the design and construction of such facilities shall conform to Department standards and specifications. All plans must be accepted by the Department.

Detailed design or construction requirements may be specified in the utility permit. 3.3.8.6 Stormwater originating outside of the SH ROW which flows into the SH ROW and mixes with highway drainage is not a utility under the Code. 3.3.8.7 Connections of other stormwater drainage systems to the Department highway drainage system shall be approved by the Department. A utility special use permit shall be required for the construction or maintenance of such facilities. 3.3.9 Highway Lighting Facilities 3.3.9.1 Highway lighting facilities shall be designed in accordance with current standards, as directed by the Department. 3.3.9.2 When operation and/or maintenance responsibilities for proposed SH ROW lighting will rest with a utility or local agency pursuant to law or agreement, the lighting facility shall be compatible with that entity’s system and inventories. 3.3.10 Highway Structure Attachments 3.3.10.1 Utility facilities shall not be attached to highway structures, including but not limited to bridges, culverts, lighting supports, traffic signal poles, sign supports, or sign bridges without Department approval. Gas lines, sewer lines, or waterline connections, such as valves, shall not be allowed inside of box girders, tub girders, or within the concrete for concrete box culverts. 3.3.10.2 The utility shall design the proposed structure attachment individually for a specific highway structure. The Department’s Staff Bridge permission shall be required for all attachments to all bridges and structures in the SH ROW. Any attachment or modification shall not diminish the structural capacity or integrity of the structure.

Attachments shall not inhibit the ability to inspect the bridge or its components. 3.3.10.3 The utility shall locate the entire utility installation on a highway bridge or structure so as to not reduce the vertical or horizontal clearance otherwise available between the bridge or structure and any stream, pavement or rails. On water crossings by means of a bridge attachment, the utility line shall be no lower than the bottom of a stringer, and shall be located on the downstream side. 3.3.10.4 The utility shall insulate, ground, and carry communication and electric power line attachments in protective conduit or pipe from below the point of ground exit to below the point of ground re-entry. Carrier pipe and casing pipe shall be insulated from electric power lines. 3.3.10.5 Structure attachments shall conform with applicable protection requirements of

Section 3.3.11. 3.3.11 Encasement and Related Protection of Utility Lines 3.3.11.1 The utility shall protect buried utility lines and structure attachments, as follows: 3.3.11.1.1 Buried facilities which are subject to damage from construction or maintenance operations, as determined by the Department, may require additional protective measures, such as: a concrete cap, Class B or better, minimum 4 inches thickness, the full width of the installation trench; concrete encasement, Class B or better, minimum 2 inches on all sides; sleeving in 0.25 inch wall thickness steel conduit, or other acceptable material; and/or a tunnel or gallery. 3.3.11.1.2 Where metal pipelines are installed in a corrosive environment and encasement is not employed, the utility shall demonstrate that the welded steel carrier pipe will provide sufficient strength to withstand the internal design pressure and the dead and live loads of the pavement structure and traffic.

Additional protective measures shall include: heavier wall thickness, higher factor of safety in design, or both, adequate coating and wrapping in accordance with industry standards, cathodic protection, and the use of Barlow’s formula regarding maximum allowable operating pressure and wall thickness as specified in 49 C.F.R. Part 192.105. Corrosion protection shall be required for all steel carrier pipes. Cathodic protection shall be mandatory for natural gas and hazardous material pipelines in accordance with 49 C.F.R. Parts 192 and 195. 3.3.11.1.3 At locations subject to settlement or displacement, including but not limited to: areas of unstable ground, near highway structure footings, where the method of installation or use of flexible pipe may result in subsidence or reduced pavement support, a cradle or wall, casing pipe, concrete encasement, extra strength or heavy wall thickness pipe, or leak-proof construction shall be required. 3.3.11.1.4 Where water, high-pressure gas, or hazardous material pipelines are either in or suspended from a highway structure, a casing pipe may be required. 3.3.11.2 The utility shall utilize casing pipe when necessary to facilitate bored or jacked installations, to protect coated carrier pipes from damage during insertion, as a means of conveying leaking fluids or gases to points safely beyond the traveled way, when necessary to provide for the future adjustment, removal or replacement of the carrier line, or unless otherwise directed by the Department. 3.3.11.3 Where a casing is required and the use of a metal casing could defeat the cathodic protection circuit applied to a carrier pipe, the utility shall take the protective measures determined by the Department to be appropriate in the circumstances, including: use of non-metallic casings, or use of carrier/ casing insulation systems, or cathodically protecting casing and carrier pipes as a unit. 3.3.11.4 The utility shall use tunnels or galleries when determined by the Department to be appropriate, such as where several utility lines must share a crossing location, as a provision for future increase in line size or additional lines, or as a means of inspecting carrier lines in the crossing. 3.3.11.5 On highway crossing installations, the utility shall extend any required protection at a minimum: beyond slope and ditch lines on uncurbed sections, or beyond the outer curbs on curbed sections or the full width between access control lines on expressways, freeways and Interstates. For installations other than crossings, the utility shall extend the protection as specified by the Department. 3.3.12 Vents, Drains, Manholes, Valves and Appurtenances 3.3.12.1 The utility shall locate vents at the high end of casings that are less than one hundred and fifty (150) feet long. The utility shall locate vents at both ends of casings that are longer than one hundred and fifty (150) feet. The utility shall locate vent standpipes at a fence line or ROW line. 3.3.12.2 The utility shall provide drains for casings, tunnels, or galleries which enclose carriers of liquid, liquefied gas, or heavy gas. Drains for allowable non-stormwater discharges may outfall into roadside ditches or natural watercourses at locations approved by the Department, and as allowed by the CDPHE-WQCD. At outfalls for unallowable non-stormwater drains, the utility shall take all additional measures that are determined by the Department and the CDPHE-WQCD to be suitable to protect against possible soil and/or water contamination, such as construction of dikes or liner installation. Outfalls shall not be used as a wasteway for purging the carrier. 3.3.12.3 The utility shall not locate manholes in the present or planned traveled way or shoulder areas, except: 3.3.12.3.1 in municipal streets, provided that manholes shall not be located at street intersections nor in the wheel paths of traffic lanes; and 3.3.12.3.2 where manholes are essential parts of existing lines. 3.3.12.4 The utility shall install shutoff valves on pressurized or hazardous materials pipelines at the following locations: 3.3.12.4.1 near the ends of highway structures to which such lines are attached, unless the pipeline is equipped with nearby shutoff valves or operates under effective control by automatic devices; and 3.3.12.4.2 near unusual hazards, such as unstable ground, structure footings, or locations subject to disturbance by construction and/or maintenance operations, unless the affected line segment can be isolated by other sectionalizing devices within a reasonable distance. 3.3.12.5 The utility shall install permitted structural elements, such as manholes, vaults or anchor blocks, so that the high point of the element is at or below the grade of the traveled way or shoulder surface. Manhole covers located in the traveled way or shoulder shall be not less than one-quarter inch, or more than one-half inch, below the finished pavement grade. 3.3.12.6 Meters shall not be placed on SH ROW except within local jurisdiction where any local jurisdiction codes may require such use. 3.4 Construction Requirements 3.4.1 Access for Constructing or Servicing Utility Facilities 3.4.1.1 The utility shall access the work site only at locations and by means acceptable to the Department. 3.4.1.2 The utility shall not work at night or on Saturdays, Sundays, or holidays, except as approved by the Department. The Department may specify and/or restrict the utility’s access to construct or service utility facilities in accordance with each region’s lane closure policy, during peak traffic flow or due to adverse weather, insufficient visibility, or other conditions not conducive to safe and efficient traffic operations. 3.4.1.3 To gain access to the SH ROW from abutting properties at other than established, approved locations, the utility must obtain and comply with the terms of an access permit issued pursuant to § 43-2-147, C.R.S. 3.4.2 Traffic Control and Work Zone Safety Requirements 3.4.2.1 The utility shall develop and submit a TCP to the Department for any work that will affect traffic movement or safety. The utility shall implement the TCP and utilize traffic control devices to ensure the safe and expeditious movement of traffic around and through the work zone and the safety of the utility work force. 3.4.2.2 The utility shall develop the TCP, and MHT in conformance with Department standards.

The TCP shall include provisions for the passage of emergency vehicles through the work zone, and shall conform to all Federal, State and local agency rules and regulations.

The TCP and MHT shall contain sufficient detail to demonstrate conformity with all applicable requirements. 3.4.2.3 At CDOT’s direction, the utility shall have a TCS at the work site at all times in direct responsible charge of implementing the TCP. If the scope of the utility project necessitates a flagger, the utility shall have the appropriate number of certified flaggers at the work site in accordance with the TCP. 3.4.2.4 The utility shall not start the permitted work before the Department accepts the TCP. 3.4.2.5 The Department may review and order changes to the TCP and MHT during performance of the work, as required. 3.4.2.6 The utility shall comply with the TCP at all times during performance of the work. 3.4.2.7 The utility shall maintain the TCP at the work site at all times during performance of the work, and make available to the Department upon request. 3.4.2.8 The TCP shall ensure that closure of intersecting streets, road approaches and other access points is minimized. On heavily traveled highways, the Department shall not permit utility operations that interfere with traffic during periods of peak traffic flow. 3.4.2.9 When utility operations coincide with highway construction or maintenance operations or other permitted activities, the utility shall develop and implement the TCP in cooperation and coordination with the highway agency and/or its contractors, and as otherwise directed by the Department in the permit. 3.4.2.10 All flaggers shall have a current CDOT flagger certification card, and shall be capable of effectively communicating with the traveling public and others at the work site. 3.4.2.11 All utility employees working within the SH ROW shall comply with any applicable OSHA regulations. 3.4.2.12 Personal protective equipment (e.g. head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work being performed, and as specified in all applicable Federal, State and local rules and regulations. 3.4.3 Utility Owner Notification 3.4.3.1 The utility will comply with the applicable requirements of Article 1.5 of Title 9, C.R.S., including any requirement to participate in the State’s Notification Association pursuant to § 9-1.5-105, C.R.S. All owners of underground utilities within the SH ROW must become members of the UNCC. 3.4.3.2 Pursuant to § 9-1.5-103, C.R.S., and except as provided for emergency or other special circumstances in that statute, the permittee shall not make or begin excavation without first notifying the UNCC. The Department shall be notified of planned excavation as specified in the permit. If known by the utility permittee to exist, underground utility owners who have not yet become members of the UNCC shall be contacted directly.

Notice of commencement, extent, and duration of the excavation work shall be given at least two business days prior thereto, not including the day of actual notice. 3.4.4 Pavement Cuts and Repairs 3.4.4.1 The utility shall install buried facilities crossing the highway only by trenchless methods, except as provided by this Section. 3.4.4.2 The utility may install buried facilities by open cut of the pavement structure only if it demonstrates to the Department that: trenchless methods are not feasible due to soil conditions, or space limitations or other considerations preclude trenchless construction, and/or removal and replacement of the pavement structure will be concurrent with or closely precede a project to construct or reconstruct the affected roadway. 3.4.4.3 When the Department permits pavement cuts, the utility shall comply with the following conditions: no more than half the width of the roadbed may be opened at any time, the utility must replace any removed pavement to a design equal to or greater than the surrounding, undisturbed pavement structure, and the utility must saw or wheel-cut to a neat line, or as otherwise specified in the permit, any pavement removed. On trenched installations, unless otherwise specified by the Department, the utility shall implement additional cutback of base and surfacing to a minimum of 2 feet beyond normal trench limits, replace excavated portions of the base and subgrade with flowable backfill, trim all overbreaks or incidental damage of existing pavement back to a neat line before patching, repair all surface gouges or other minor damage, and restore all pre-existing pavement markings in and adjacent to resurfaced areas. 3.4.5 Trenched Construction and Backfill 3.4.5.1 The utility shall construct vertical-sided trenches, of uniform width, and no wider than the line diameter plus three feet, unless the utility demonstrates to the Department’s satisfaction that such construction is impracticable. 3.4.5.2 Shoring or bulkheading shall conform with all applicable Federal, State and local jurisdiction construction and safety standards. 3.4.5.3 The utility shall provide drainage from excavation areas. 3.4.5.4 The utility shall not perform construction or compaction by means of jetting, puddling, or water flooding within SH ROW; however, a limited amount of puddling may be allowed up to the springline of the pipe when free-flowing granular backfill materials are used, when necessary to obtain proper compaction of pipeline bedding. 3.4.5.5 Unless otherwise directed or approved by the Department, the utility shall replace excavated material with flowable backfill as specified by the Department within toes of slopes or place backfill in 6 inch layers, each consolidated by mechanical tamping and controlled addition of moisture to a density equal to or greater than that of the surrounding undisturbed soil outside toes of slopes. 3.4.6 Trenchless Installations 3.4.6.1 Portal limits of trenchless crossings shall be established safely beyond the highway surface and clear zone, and in no case shall the lateral distance from the surfaced area of the highway to the boring or jacking pit be less than the vertical difference in elevation between such surface and the bottom of the pit. 3.4.6.2 Shoring or bulkheading shall conform with applicable Federal, State and local jurisdiction construction and safety standards. 3.4.6.3 The utility shall not use water jetting or tunneling, but water-assisted or wet boring may be permitted if determined by the Department to not result in excessive erosion or unacceptable moisture conditions in the roadway subgrade. 3.4.6.4 The boring hole shall be oversized to the minimum amount required to allow pull-through of the conduit being installed, based upon equipment and product manufacturer’s specifications. If the oversize excavation is not already filled by the drilling slurry after product pull through, the void shall be grouted to the satisfaction of the Department.

Grout or other approved backfill material shall be used for pipe of 12 inches or more in diameter, and for overbreaks, unused holes or abandoned pipe. The composition of the grout shall be a cement mortar, a slurry of fine sand or fine granular materials, subject to Department approval. 3.4.6.5 The utility shall follow any applicable manufacturer’s guidelines and industry standards for equipment set-up and operation. The utility shall assess soil conditions to determine the most appropriate installation technique. Underground borepaths or tunnels shall be tracked and recorded by the utility. Failed bores shall be appropriately abandoned by the utility. 3.4.6.6 Drilling fluids shall be prepared and used according to fluid and drilling equipment manufacturer guidelines. The utility shall use fluid containment pits at both bore entry and exit points, and shall use appropriate operational controls in order to avoid heaving or loss of drilling fluids from the bore. 3.4.6.6.1 Antifreeze additives shall be non-toxic and biodegradable products. 3.4.6.6.2 Depending upon chemical composition or the specific method of disposal, improperly disposed drilling fluids may be classified as solid wastes or unauthorized discharges per Section 3.1.7, and in general, shall be pumped or vacuumed from the construction area, removed from the SH ROW and disposed of at permitted facilities that specifically accept such wastes. 3.4.6.6.3 Disposal of drilling fluids into storm drains, storm sewers, roadside ditches or any other type of man-made or natural waterway is expressly prohibited. 3.4.6.6.4 Small quantities of drilling fluid solids (less than 1 cubic yard of solids) may be left on-site after either being separated from fluids or after infiltration of the water, provided: 3.4.6.6.4.1 the drilling fluid consists of only water and bentonite clay; or 3.4.6.6.4.2 if required for proper drilling properties, small quantities of polymer additives that are approved for use in drinking water well drilling; and 3.4.6.6.4.3 the solids are fully contained in a pit, and are not likely to pose a nuisance to future work in the area; and 3.4.6.6.4.4 the solids covered and the area restored as required by permit requirements. 3.4.7 Utility Installations Near Drainage Ways and Watercourses 3.4.7.1 The utility shall not install any facility along or across the ROW of an irrigation ditch or canal company without first obtaining the written approval of such company. 3.4.7.2 The utility shall install facilities that cross a stream or other drainage only at a point beneath the bed of that watercourse and only at a depth that adequately allows for scour or ditch maintenance requirements. The utility shall also take the added measures to protect such lines that the Department deems necessary in areas subject to erosion or other disturbance. 3.4.7.3 In establishing the depth of cover below an unpaved channel, the Department will consider potential scour, ditch maintenance operations and/or future needs to increase the channel capacity. The utility line shall be installed a minimum of three feet below the lowest expected level of scour or degradation. 3.4.7.4 Utility construction operations within or near live streams, ditches, wetlands or other bodies of water shall include adequate provision to protect or maintain surface and/or ground water quality, and may require appropriate clearances as described in Section 3.1.7. 3.4.7.5 The utility shall not install utility lines within culverts where the primary purpose of that culvert is to carry drainage. For culverts or culvert-like structures where the primary

purpose of the culvert is something other than drainage, such as providing passage for stock, wildlife, pedestrians or vehicles, utility installations shall be addressed through

Section 3.3.10. 3.4.7.6 In order to avoid any interference with the operations or maintenance of either utility lines or of drainage structures, the utility shall not install utility lines inside any such drainage structure or inside the trench that surrounds any drainage structure, and shall maintain a horizontal and vertical clearance from any such drainage structure or surrounding trench if further directed to do so by the Department in the utility permit. 3.4.8 Protection, Construction and Restoration of Highway Property 3.4.8.1 The utility shall avoid disturbing or damaging all highway property, and shall be responsible for the prompt reconstruction, alteration, repair or maintenance of highway property, to repair any damage caused by the utility work, and to restore the SH ROW to pre-existing or better conditions as may be specified in the permit. 3.4.8.2 Cleated or tracked equipment shall not work on or move over paved surfaces without mats or pads on tracks. 3.4.8.3 The utility shall not spray, cut or trim trees, or other landscaping elements, or remove any landscaping material, unless such work is specifically described in the permit application and approved in the permit. 3.4.8.4 The utility shall employ erosion and sediment control measures, to protect storm water quality, in conformance with current Federal, State and local jurisdiction codes and Department standards. At a minimum, the utility shall employ the following measures, as applicable: 3.4.8.4.1 minimize the length of open trench; and 3.4.8.4.2 minimize the area of disturbance to ground cover and vegetation; and 3.4.8.4.3 manage necessary stockpiles in accordance with the permit requirements and appropriate CDOT Specification; and 3.4.8.4.4 protect all inlets accepting flow from the impacted area; and 3.4.8.4.5 seed and permanently stabilize the disturbed area to prevent erosion. 3.4.8.5 The utility may be required to obtain a storm water permit from the CDPHE per Section 3.1.7.13 and 3.1.7.20. 3.4.8.6 The utility shall perform any required construction or restoration of highway property in conformance with the Code, permit requirements, and with Department standard specifications and standard plans adopted by the Commission pursuant to § 43-2-107(1), C.R.S., as directed and provided to the utility by the Department. Material removed from any portion of the roadway template must be replaced in like kind with better or equal compaction. Segregation of material is not permitted. 3.4.8.7 All utility construction or restoration work shall be subject to Department approval, and the utility shall promptly replace all unsatisfactory work as determined by the Department. 3.4.8.8 The utility shall maintain any such finished work for a period of twenty-four (24) months following completion and acceptance, and must post a bond to assure the adequacy of construction or maintenance. 3.4.8.9 The utility shall remove all debris, refuse, waste, salvage, and surplus materials resulting from utility accommodation work from SH ROW in a safe and expedient manner, daily during installation and upon completion of such work. 3.4.8.10 The utility shall restore ditch flow lines and shall reseed or re-sod, as conditions dictate, all areas which are denuded of vegetation during utility operations. The seed species, origin and application rates required for each location shall be as approved by the Department. Seed mixtures and mulch must be certified free of noxious weed seeds.

The utility shall clean equipment before transporting it into or out of the State in order to prevent the migration of noxious weeds. 3.4.9 Markers, Location Aids and Location Assistance 3.4.9.1 All new underground facilities must be electronically locatable when installed, including laterals up to the structure or the building being served. 3.4.9.2 All plowed or trenched installations must include appropriate color-coded warning tape placed not less than 12 inches vertically above the top of the line. The warning tape shall be surface-detectable if needed to facilitate detection of the line. 3.4.9.3 The utility shall place readily identifiable markers at the ROW line where it is crossed by pipelines carrying transmittants which are flammable, corrosive, expansive, energized, or unstable, except where a vent will serve as a marker. 3.4.9.4 The utility shall place markers for longitudinal underground facilities vertically above the facilities or at a known horizontal offset, unless otherwise approved in writing by the Department. Each marker shall provide a foresight and backsight to succeeding and preceding markers. Markers shall be installed at suitable intervals along tangent sections, at angle points or points of curvature, and at reasonable intervals along curves. 3.4.9.5 The utility shall maintain any markers required by the Code for the life of the installation. 3.4.9.6 In addition to complying with Section 3.4.3 of the Code and the provisions of Article 1.5 of Title 9 C.R.S. in response to the Department’s notification of planned excavations, utility owners shall surface-mark their buried utility facilities that are located within the SH ROW in order to facilitate Department engineering and design activities, upon reasonable request from the Department, and at no cost to the Department. The permittee shall respond to such request within a reasonable timeframe acceptable to the Department, but no longer than 14 days from the date of request, and the accuracy of the surface marking shall be within 18 inch of either side of the actual location of the buried facility. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/30/2009.

Entire rule eff. 01/14/2021.

2 CCR 601-19 Rules Concerning the Implementation of the Safe Routes to School Program {#sec-2-ccr-601-19 omnilex-key=us-co-regs-official--department-21--2 CCR 601-19}

DEPARTMENT OF TRANSPORTATION

Division of Transportation Development RULES CONCERNING THE IMPLEMENTATION OF THE SAFE ROUTES TO SCHOOL PROGRAM 2 CCR 601-19 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ I. PURPOSE A. The purpose of these Rules is to prescribe procedures for application and disbursement of federal or state moneys to political subdivisions of the State, for projects to improve safety for pedestrians and bicyclists in School Areas, as authorized by § 43-1-1601 et seq., C.R.S.

B. The Department promulgated these Rules in order to carry out the purposes of § 43-1-1601 et seq., concerning the “Safe Routes to School” program. The Rules were adopted for the following reasons: (1) to comply with § 43-1-1604 C.R.S.; (2) to establish the procedures to review and award grants; (3) to define essential terms; (3) to determine additional criteria and procedures under which the program will be managed.

II. STATEMENT OF BASIS AND SPECIFIC STATUTORY AUTHORITY

A. Statement of Basis Sections 43-1-1601 et seq. C.R.S. was enacted in June 2004. Section 43-1-1604 C.R.S. directs the Department to promulgate Rules for the implementation of a grant based program awarding federal funds to political subdivisions of Colorado to improve safety for pedestrians and bicyclists in School Areas.

The Department promulgated the Rules in May 2005. The Department initiated the rulemaking process to amend the existing Rules in June 2007. The first amendment was needed to revise the contact person to be in compliance with job duties and responsibilities within the Department of Transportation, and Section 1404 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy of Users Act of 2005. The second amendment was necessary to attain continuity of services and leadership on the Advisory Committee.

The Department amended the Rules in 2012 as part of a Department-wide initiative to update Rules where warranted, eliminate unnecessary language and lessen restrictions on local government when possible. This initiative was in keeping with the Governor’s Executive Order D2011-005 and Executive Order 2012-002.

The Department amended the Rules in 2014 as a result of HB14-1301. This bill made state general funds available for FY15 for the Safe Routes to Schools Program, and specified that all of the grants awarded using the funds resulting from HB14-1301 must be for non-infrastructure projects. The bill also provides that if the Safe Routes to Schools Program received federal dollars in FY15, general funds appropriated for the program will be reduced by the amount of the federal moneys received. Finally, the bill eliminated the need to distribute projects by geographic distribution of the student population. Instead, the bill requires that the Department consider schools having greater than fifty percent of the students eligible for free or reduced-priced lunch as one of the criteria for awarding grants.

The Department amended the Rules in 2017 as a result of changes enacted in HB14-1301 which were only in effect for one year. The state general funds available in FY15 for Safe Routes to School are no longer available for the grant program. All other aspects of Safe Routes to School Program required by the bill remain in effect.

B. Specific Statutory Authority These Rules are promulgated by the Department pursuant to the specific statutory authority of §§43-1- 110 (2) and 43-1-1604 C.R.S. and conform to the requirements of PL 114-94 (“Fixing America's Surface Transportation Act” or “FAST Act”) signed into law on December 4, 2015, 23 U.S.C. 101 (29)(B); 23 U.S.C. 213(b)(3) and 23 U.S.C. 403 and its implementing regulations; “SAFETEA-LU” 23 U.S.C. 402, and its implementing regulations; “National Goals and Performance Management Measures” 23 U.S.C. § 150; the National School Lunch Act, 42 U.S.C. § 1751 et seq. and its implementing regulations, 7 CFR 245.

Pursuant to § 24-4-105(11), C.R.S., the Department may entertain petitions for declaratory orders.

1.00 DEFINITIONS 1.01 “Advisory Committee” means the committee appointed by the Executive Director as established in § 43-1-1601(4) C.R.S. and Section 2.00 of these Rules. 1.02 “Applicant” means a political subdivision of the State of Colorado that applies for an award under these Rules. 1.03 “Commission” means the Colorado Department of Transportation Commission established pursuant to § 43-1-106 C.R.S. 1.04 “Department” means the Colorado Department of Transportation established pursuant to § 43-1- 101 C.R.S. 1.05 “Executive Director” means the Executive Director of the Colorado Department of Transportation pursuant to § 43-1-103 C.R.S. 1.06 “Free or Reduced-Priced Lunch” means a lunch served to a child from a household eligible for such benefits as provided by 7 CFR 245, and the National School Lunch Act, 42 U.S.C. § 1751 et seq. 1.07 “MPO” means a Metropolitan Planning Organization located in urban areas with a population over 50,000. An MPO is a federally-designated entity established by agreement between the Governor and the units of local government responsible for transportation planning processes. 1.08 “Non-System Road or Trail” means a road or trail that is not part of the State highway system. 1.09 “On-System Road or Trail” means a road that is part of the State highway system. 1.10 “Rural Area” for purposes of these Rules means an area outside an MPO boundary. 1.11 “School Areas” means the area within a two mile radius of a school. 1.12 “STAC” means Statewide Transportation Advisory Committee as created in § 43-1-1104, C.R.S. 1.13 “STIP” means the Statewide Transportation Improvement Program that is the federally required, four-year program of planned transportation projects. The STIP is developed in coordination with planning partners throughout the state through the Project Priority Programming Process. The STIP incorporates the Transportation Improvement Programs (TIPs) from each MPO. 1.14 “TIP” means the Transportation Improvement Programs (TIPs) that identify all current federally funded transportation projects to be completed in a Metropolitan Planning Organization (MPO) region over a four-year period. 1.15 “TPR” means a Transportation Planning Region. TPRs are geographically designated areas of the state with similar transportation needs and commonalities, pursuant to the provisions of § 43- 1-1102 and 1103 C.R.S.

2.00 ADVISORY COMMITTEE 2.01 The Executive Director shall appoint an Advisory Committee in conformance with § 43-1-1601(4)

C.R.S. 2.02 In addition, the Advisory Committee shall include representatives of the STAC, who shall serve a two year term. The STAC shall choose their designees, with the approval of the Executive Director. STAC representatives to the Advisory Committee shall consist of: 2.02.1 Two STAC representatives of Metropolitan Planning Organizations or their designee; 2.02.2 Two STAC representatives of rural Transportation Planning Regions or their designee.

3.00 APPLICATION INFORMATION 3.01 The Department will notify city and county governments, schools, and school districts of the potential availability of Safe Routes to School funds, requirements for requesting an application package, and the deadline to submit an application to the Department for Safe Routes to School funds. 3.02 The application package, to be developed and periodically updated by the Advisory Committee, will contain instructions and guidelines for completion of the application, as determined by the Advisory Committee and the Department. Instructions and guidelines may not be in conflict with § 43-1-1601 et seq., C.R.S.

4.00 THRESHOLD CRITERIA FOR APPLICANT ELIGIBILITY 4.01 The purpose of this section is to describe the threshold criteria the Department and Advisory Committee will use to determine if an Applicant will be eligible for funding An Applicant must comply with all threshold criteria. 4.01.1 Applicants must be political subdivisions of the state. 4.01.2 A political subdivision of the state that receives money under this Part 16 of Article 1 of Title 43, may not use such moneys as a substitute for funds currently being used to support similar activities. 4.01.3 In order for a political subdivision of the state to be eligible for the funds, the political subdivision must show that it has established an agreement with the school in the area where the project will occur. Such agreement of the improvement project must be documented and signed by an official of the school. 4.01.4 An Applicant must submit the application to the Advisory Committee through CDOT’s Safe Routes to School Program Manager. 4.01.5 An Applicant must ensure that all forms, assurances, and resolutions required by the application are signed by the appropriate officer or individual with authority to legally bind the Applicant. 4.01.6 If the project is not located on CDOT right of way, maintenance shall be the responsibility of the Applicant. If the project is located on CDOT right of way, maintenance agreements shall be in place prior to construction. 4.01.7 If required by the program, a local match must be demonstrated. 4.01.8 On-System projects must not conflict with the State and Regional Transportation Plans available on the Department website found at https://www.codot.gov/programs/coloradotransportation-matters 4.01.9 Applicant eligibility is contingent upon compliance with all state and federal laws and regulations. Applicants that fail to comply with all applicable federal and state laws, regulations and requirements will not be considered eligible under these Rules.

Compliance by an Applicant with all threshold eligibility criteria does not obligate the Commission to award funds, but only allows the Applicant to be evaluated by the Department and Advisory Committee for consideration for available funding based upon the evaluation criteria described in Section 5.00. of the Rules.

5.00 EVALUATION CRITERIA 5.01 The purpose of this section is to describe the basic evaluation criteria used by the Department to determine whether an eligible Applicant will be funded and to assist in determining the level of funding to be awarded. Guidelines, instructions, and details concerning such evaluation criteria shall be described fully in the application package. 5.02 The Advisory Committee shall create a scoring procedure utilizing the criteria described in this

section. 5.03 The Department and Advisory Committee will include the following criteria to evaluate eligible Applicants: 5.03.1. The demonstrated need of the Applicant; 5.03.2. The potential of the proposed project to reduce injuries and fatalities among children; 5.03.3. The potential of the proposed project to encourage walking and bicycling to school; 5.03.4. The extent to which the application identifies existing safety hazards; 5.03.5. The extent to which the application identifies existing and potential walking and bicycling routes and the extent to which the proposed project would improve or connect them; 5.03.6. Support for the proposed project from local school-based associations, traffic engineers, elected officials, law enforcement agencies, and school officials; 5.03.7. Consideration for implementation of Safe Routes to Schools in communities with schools having greater than fifty percent of the students eligible for Free or Reduced-Priced Lunch; and 5.03.8. Other criteria allowed or required by applicable federal laws or regulations. 5.04 If the project request is located in an MPO boundary, the application must be certified by the MPO. The certification shall demonstrate that all actions necessary to include the project(s) in the Transportation Improvement Program (TIP) for that MPO will be taken before the application may be approved.

6.00 FUNDING 6.01 The Department shall allocate to the Safe Routes to School Program any funds received from the federal or state government that designates funds for such program. 6.02 Applicants applying for funds through the Safe Routes to School program may also be eligible for other federal funds, but must compete for those funds using the criteria established under that program. 6.03 Costs of the Project exceeding the amount of the grant shall be borne by the Applicant. 6.04 Project funds that have not been encumbered within 2 years will be considered inactive and the remaining unencumbered funds may be revoked and returned to the program.

7.00 INCORPORATION BY REFERENCE

The Rules are intended to be consistent with and not be a replacement for the federal requirements contained in the National School Lunch Act, 42 U.S.C. § 1751 et seq. November 10, 1989, and its implementing regulations, 7 CFR 245, December 13, 2007, which are hereby incorporated into the Rules by this reference, and do not include any later amendments. All referenced laws and regulations shall be available for copying or public inspection during regular business hours from the Office of Policy and Government Relations, Colorado Department of Transportation, 2829 W. Howard Pl., Denver, Colorado 80204, or by contacting staff at https://www.codot.gov/business/rules. Copies of the referenced United States Code may be obtained from the following address: Office of the Law Revision Counsel, U.S.

House of Representatives, H2-308 Ford House Office Building, Washington, DC 20515, or by phone at (202) 226-2411. Copies of the referenced Code of Federal Regulations may be obtained from the following address: U.S. Government Publishing Office, 732 North Capitol Street, N.W., Washington, DC 20401, or by phone at (202) 512-1800. _________________________________________________________________________ Editor’s Notes

History Entire rule recodified from 2 CCR 602-4 eff. 06/30/2012.

Entire rule emer. rule eff. 09/04/2014; expired 01/02/2015.

Entire rule eff. 01/30/2015.

Rules II, 1.13-1.15, 4.01.8, 5.04, 7.00 eff. 04/16/2018.

2 CCR 601-20 Rules Governing Authorized Service Vehicles on Public Streets, Highways, and Roadways {#sec-2-ccr-601-20 omnilex-key=us-co-regs-official--department-21--2 CCR 601-20}

DEPARTMENT OF TRANSPORTATION

Transportation Commission RULES GOVERNING AUTHORIZED SERVICE VEHICLES ON PUBLIC STREETS, HIGHWAYS, AND ROADWAYS 2 CCR 601-20 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose and Statutory Authority These rules are promulgated pursuant to the authority granted to the Department of Transportation pursuant to § 42-4-214(5) C.R.S. (2011).

The purpose of these amendments is to update existing rules in conformance with current practice and statute concerning Authorized Service Vehicles. Section 42-4-214 (5) C.R.S. (2011) authorizes the Department of Transportation to promulgate rules with regard to Authorized Service Vehicles.

These rules apply to all Authorized Service Vehicles when operating in Colorado on or along a highway, roadway or public street. 1.00 Definitions 1.01 "Authorized Emergency Vehicle" shall mean such vehicles of the fire department, police vehicles, ambulances, and other special-purpose vehicles as are publicly owned and operated by or for a government agency to protect and preserve life and property in accordance with state laws regulating emergency vehicles; said term also means the following if equipped and operated as emergency vehicles in the manner prescribed by state law:

(a) Privately owned vehicles as are designated by the state motor vehicle licensing agency necessary to the preservation of life and property; or (b) Privately owned tow trucks approved by the public utilities commission to respond to vehicle emergencies. See § 42-1-102(6) C.R.S. (2011). 1.02 "Authorized Service Vehicle" shall mean such highway or traffic maintenance vehicle as is publicly owned and operated on a highway by or for a governmental agency the function of which requires the use of service vehicle warning lights as prescribed by state law and such other vehicles having a public service function, including, but not limited to, public utility vehicles and tow trucks, as determined by the Department of Transportation under § 42-4-214(5) C.R.S. (2011). Some vehicles may be designated as both an Authorized Emergency Vehicle and an Authorized Service Vehicle. See § 42-1-102(7) C.R.S. (2011). 1.03 "Department" shall mean the Department of Transportation created by §43-1-102(2) C.R.S. (2011). 2.00 Authority to Designate as Authorized Service Vehicle 2.01 The Department's Chief Engineer or his/her designee is authorized to determine which vehicles should be designated as Authorized Service Vehicles. 2.02 The Chief Engineer or his/her designee shall make the determination upon the advice and recommendation of the Department’s Maintenance and Operations Branch and Staff Traffic Branch. 2.03 The Department may designate as Authorized Service Vehicles both publicly owned and operated or privately owned vehicles having a public service function, including public service vehicles and tow trucks. 2.04 The Department shall determine which types of vehicles render an essential public service when operating on or along a roadway and warrant designation as Authorized Service Vehicles under specified conditions, including, without limitation, vehicles that sell or apply chains or other equipment to motor vehicles necessary to enable compliance with § 42-4-106 C.R.S. (2011).

See § 42-4-215(5) C.R.S. (2011). 2.05 Local government entities shall have the authority to designate Authorized Service Vehicles within their jurisdictions. 3.00 Types of Vehicles Which May be Designated an Authorized Service Vehicle 3.01 Authorized Service Vehicles may include, but not be limited to: 3.01.1 Any vehicle designated as an Authorized Service Vehicle by the Department; 3.01.2 Vehicle Recovery Units (including commercially operated vehicles and identified by insignia or equipment); 3.01.3 Pilot Escort vehicles escorting mobile homes, oversize equipment or wide loads as defined in §42-4-510 and 511C.R.S.; 3.01.4 Public utility vehicles operated by companies described in § 39-4-101, C.R.S. such as those providing power, light, telephone and sanitation services; 3.01.5 Tow trucks or wreckers; 3.01.6 Tree service equipment; or 3.01.7 Land Surveyor Vehicles 4.00 Requirements for Warning Lights 4.01 Every Authorized Service Vehicle shall, in addition to any other required equipment, be equipped with: 4.01.1 One or more warning lamps mounted as high as possible, capable of displaying in all directions one or more flashing, oscillating, or rotating yellow lights. 4.01.2 Only yellow and white lamps and no other color or combination of colors shall be used as a warning lamp on an Authorized Service Vehicle. White lamps may be used on a light bar to heighten the visibility of the yellow lamps. 4.01.3 With regard to 7.01.1 above, a snowplow designated as an Authorized Service Vehicle operated by a general purpose government may also be equipped with and use no more than two flashing, oscillating, or rotating blue lights as warning lamps. 4.01.4 Lighted directional signs used by police and highway departments to direct or control traffic need not be visible except to the front or rear. 4.01.5 Lights shall have sufficient intensity to be visible at 500 feet in normal sunlight. 4.02 Only Authorized Emergency Vehicles shall be authorized to use a red light or lights alone or in combination with blue, white, or blue in combination with white. 4.03 Authorized Service Vehicles determined to operate also as Authorized Emergency Vehicles shall be equipped to comply with signal requirements for Authorized Emergency Vehicles. 5.00 Penalties 5.01 Any person who violates any provision of these rules commits a class B traffic infraction. _________________________________________________________________________

Editor's Notes

History Entire rule recodified from 2 CCR 602-2 eff. 04/14/2012.

2 CCR 601-21 Law Enforcement Assistance Fund (leaf) {#sec-2-ccr-601-21 omnilex-key=us-co-regs-official--department-21--2 CCR 601-21}

DEPARTMENT OF TRANSPORTATION

Transportation Commission LAW ENFORCEMENT ASSISTANCE FUND (LEAF)

2 CCR 601-21 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose and Statutory Authority

Section 43-4-403 C.R.S. (2011) provides the Department of Transportation with the authority to promulgate rules regarding the Law Enforcement Assistance Fund.

These Rules became effective on March 2, 1983 with the enactment of § 43-4-401 et. seq. C.R.S. creating the Law Enforcement Assistance Fund ("LEAF"). The rules have not been amended since inception. While at present the department of transportation does not receive any of the collected funds, the Department is amending the rules in order to update them to conform to changes in statute and to eliminate any unnecessary language, in the event the program receives funding in the future.

The purpose of the LEAF is to:

1. Increase and improve the enforcement of the laws pertaining to Impaired Driving offenses;

2. Increase public awareness of the problems and impacts created by impaired Driving and the consequences resulting from arrest and conviction of Impaired Driving - offenses; and 3. Coordinate the efforts of a municipality, county or city and county within its own jurisdiction and with other jurisdictions in establishing and administering a qualified program. 1.00 Definitions 1.01 "Impaired Driving" shall mean driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. See § 42-4- 1301(g) C.R.S. (2011). 1.02 "Department of Transportation" ("Department" or "CDOT") shall mean the department created pursuant to § 24-1-128.7 C.R.S. (2011). 1.03 "Office of Transportation Safety" ("OTS") shall mean the Office at the Department of Transportation pursuant to § 24-42-101 et seq. C.R.S. (2011). 2.00 Application Requirements and criteria for funding allocations 2.01 Eligible applicants are Colorado municipalities, city and counties, or counties which establish a qualified program to coordinate efforts to prevent impaired driving and enforce laws pertaining to Impaired Driving. 2.02 The OTS will review each application and evaluate which applicants can most effectively demonstrate that an award of funds from the LEAF shall have the greatest impact on impaired driving related crashes, injuries and fatalities. The application shall be evaluated based on the following elements: 2.02.1 A complete description of proposed program activities, goals and objectives to be achieved. 2.02.2 Project Goals: Provide A broad statement about what the program expects to achieve.

The goal is the description of the final anticipated outcome or result. 2.02.3 Objectives: Include objectives which are clear, realistic, specific and measurable.

Objectives expound on how the goal(s) will be met. 2.02.4 Activities Include Activities which will comprise the plan of operation for the project. In a detailed and concise way describe how the activities will achieve each objective. 2.02.5 Community Collaboration and Support: The Application should demonstrate that partnerships exist or are being developed. Identify partnerships and planning groups that were included in the planning and implementation of this program. 2.02.6 Agency Qualifications:- Describe the applicant agency's resources and skills to adequately manage the project. 2.02.7 Project Evaluation: Describe the evaluation strategy that will be used to show project effectiveness and document successful activities. An evaluation plan should be designed so that an independent observer can confirm or measure whether or not the objectives have been met and progress was made toward the goal(s). 2.02.8 A statement of how the applicant will educate the public regarding impaired driving offenses. 2.02.9 Budget Narrative: Provide a detailed justification and explanation of budget items. 3.00 Application Procedures 3.01 The OTS will make application forms available through an announcement on the Department's website. 3.02 Applications must be received by the OTS annually on or before the third Friday of April. 3.03 Applications received after the deadline shall not be considered. 3.04 Each applicant will receive written notification of the action taken on its application. 4.00 Fiscal and Accounting Requirements 4.01 Reimbursement to entities shall be made on a quarterly basis for costs incurred as specified in the agreement between the OTS and the entity. 4.02 The entities must present itemized accountings to the OTS with billings and other records and receipts as required to support each item claimed. The OTS shall provide reimbursement forms on request. 4.03 Capital equipment purchased with funds from the LEAF must be used for LEAF purposes throughout the useful life of the equipment and maintained in accordance with the rules and guidelines established and approved by the Colorado Department of Transportation. If the equipment is used for other purposes, the value of the equipment at that time it is no longer used for its intended purpose shall be repaid to the LEAF. _________________________________________________________________________

Editor's Notes

History Entire rule eff. 04/14/2012.

2 CCR 601-22 Rules Governing Statewide Transportation Planning Process and Transportation Planning Regions {#sec-2-ccr-601-22 omnilex-key=us-co-regs-official--department-21--2 CCR 601-22}

DEPARTMENT OF TRANSPORTATION

RULES GOVERNING STATEWIDE TRANSPORTATION PLANNING PROCESS AND

TRANSPORTATION PLANNING REGIONS

2 CCR 601-22 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

STATEMENT OF BASIS AND PURPOSE, STATUTORY AUTHORITY AND PREAMBLE

The purpose of the Rules Governing the Statewide Transportation Planning Process and Transportation Planning Regions (Rules) is to prescribe the statewide transportation planning process through which a long-range Multimodal, comprehensive Statewide Transportation Plan will be developed, integrated, updated, and amended by the Colorado Department of Transportation (Department or CDOT), in cooperation with local governments, Metropolitan Planning Organizations (MPOs) , Regional Planning Commissions, Indian tribal governments, relevant state and federal agencies, the private sector, transit and freight operators, and the general public. This cooperative process is designed to coordinate regional transportation planning, guided by the statewide transportation policy set by the Department and the Transportation Commission of Colorado (“Commission”), as a basis for developing the Statewide Transportation Plan. The result of the statewide transportation planning process shall be a long-range, financially feasible, environmentally sound, Multimodal transportation system plan for Colorado that will reduce traffic, air pollution, and smog while providing for efficient, resilient, and safe movement of people, goods and services.

Further, the purpose of the Rules is to define the state’s Transportation Planning Regions for which longrange Regional Transportation Plans are developed, and to prescribe the process for conducting and initiating transportation planning in the non-MPO Transportation Planning Regions and coordinating with the MPOs for planning in the metropolitan areas. Memoranda of Agreement (MOA) that serve as the Metropolitan Planning Agreements (MPAs) pursuant to 23 C.F.R. § 450 between the Department, each MPO, and applicable transit provider(s) further prescribe the transportation planning process in the MPO Transportation Planning Regions. In addition, the purpose of the Rules is to describe the organization and function of the Statewide Transportation Advisory Committee (STAC) as established by § 43-1-1104, Colorado Revised Statutes (C.R.S.).

The Rules are promulgated to meet the intent of both the U.S. Congress and the Colorado General Assembly for conducting a continuing, cooperative, and comprehensive statewide performance-based Multimodal transportation planning process for producing a Statewide Transportation Plan and Regional Transportation Plans that address the transportation needs of the State. This planning process, through comprehensive input, results in systematic project prioritization and resource allocation.

The Rules, governing the statewide planning process, emphasize Colorado’s continually greater integration of Multimodal, cost-effective, and environmentally sound means of transportation which leads to cleaner air and reduced traffic. The Rules reflect the Commission’s and the Department’s focus on Multimodal transportation projects including highways, transit, rail, bicycles, and pedestrians. Section 8 of these Rules establishes an ongoing administrative process for identifying, measuring, confirming, and verifying those best practices and their impacts, so that CDOT and MPOs can easily apply them to their plans in order to achieve the pollution reduction levels required by these Rules.

The Rules are promulgated by the Commission pursuant to the specific statutory authority in § 43-1-1103 (5), C.R.S., and § 43-1-106 (8)(k), C.R.S.

Preamble for 2018 Rulemaking In 2018, rulemaking was initiated to update the rules to conform to recently passed federal legislation, update expired rules, clarify the membership and duties of the STAC pursuant to HB 16-1169 and HB 16- 1018, and to make other minor corrections.

Preamble for 2021 Rulemaking Overview

Section 8 of these Rules establishes Greenhouse Gas (GHG) pollution reduction planning levels for transportation that will improve air quality, reduce smog, and provide more sustainable options for travelers across Colorado. The purpose of these requirements is to limit the GHG pollution and provide more transportation mobility options. This is accomplished by requiring CDOT and MPOs to establish plans that meet GHG reduction levels through a mix of projects that limit and mitigate air pollution and improve quality of life and Multimodal options. CDOT and MPOs will be required to demonstrate through travel demand modeling and the Environmental Protection Agency MOtor Vehicle Emission Simulator (MOVES) approved air quality modeling that statewide and regional aggregate emissions resulting from its state or regional plans do not exceed a specified emissions level in total. In the event that a plan fails to comply, CDOT and MPOs have the option to implement GHG Mitigation Measures that provide travelers with cleaner and more equitable transportation options. Examples of these types of mitigations, which also benefit quality of place and the economic resilience of communities, will include but not be limited to: adding bus rapid transit facilities and services, enhancing first-and-last mile connections to transit, bicycle transportation infrastructure as well as adding bike-sharing services including electric bikes, improving pedestrian facilities like sidewalks and safe accessible crosswalks, investments that support vibrant downtown density and local zoning decisions that favor sustainable building codes and inclusive multi-use facilities downtown, reductions in bus and vehicle idling, bus queue jumps, and more.

The method of identifying and approving mitigations will be established by a policy process that allows for ongoing innovations from MPOs, local governments, and other partners to be considered on an iterative

basis. CDOT will provide assistance to MPOs when requested. Such policy shall include a process for assigning a larger value for mitigations located within a Disproportionately Impacted Community. Because the assigned values for different project types are expected to be valuable not just for GHG Mitigation Measures but for determining the composition and makeup of plans that will comply with this rule, the process described above is intended as an incentive for investments that provide more mobility options for DI communities. This value shall be informed and adjusted by a subsequent analysis conducted by CDOT’s Environmental Justice and Equity Branch to be described as part of the mitigation policy directive.

Further, it is expected that CDOT, MPOs and others shall consider these investments at the time a project is developed and submitted into a transportation plan. For example, applicants of interchange access requests that go to the CDOT Chief Engineer or Transportation Commission for approval should expect to articulate how they intend to mitigate the impacts of the request, such as the induced demand created in the area of the interchange being proposed.

If compliance still cannot be demonstrated, even after committing to GHG Mitigation Measures, the Commission shall restrict the use of certain funds, requiring that dollars be focused on projects and approved GHG Mitigation Measures that reduce GHG. These requirements address the Colorado General Assembly’s directive to reduce statewide GHG pollution in § 25-7-102(2)(g), C.R.S., as well as the directive for transportation planning to consider environmental stewardship and reducing GHG emissions, § 43-1-1103(5), C.R.S.

Context of Section 8 of these Rules Within Statewide Objectives The passage of House Bill (HB)19-1261 set Colorado on a course to dramatically reduce GHG emissions across all sectors of the economy. In HB 19-1261, now codified in part at §§ 25-7-102(2) and 105(1)(e), C.R.S., the General Assembly declared that “climate change adversely affects Colorado’s economy, air quality and public health, ecosystems, natural resources, and quality of life[,]” and acknowledged that “Colorado is already experiencing harmful climate impacts[,]” and that “many of these impacts disproportionately affect” certain Disproportionately Impacted Communities. see § 25-7-102(2), C.R.S.

The General Assembly also recognized that “[b]y reducing [GHG] pollution, Colorado will also reduce other harmful air pollutants, which will, in turn, improve public health, reduce health care costs, improve air quality, and help sustain the environment.” see § 25-7-102(2)(d), C.R.S.

Since 2019, the State has been rigorously developing a plan to achieve the ambitious GHG pollution reduction goals in § 25-7-102(2)(g), C.R.S. In January 2021, the State published its Greenhouse Gas Pollution Reduction Roadmap (Roadmap). The Roadmap identified the transportation sector as the single largest source of statewide GHG pollution as of 2020, with passenger vehicles the largest contributor within the transportation sector. Additionally, the Roadmap determined that emissions from transportation are a “significant contributor to local air pollution that disproportionately impacts lower-income communities and communities of color.” see Roadmap, p. XII.

A key finding in the Roadmap recognized that “[m]aking changes to transportation planning and infrastructure to reduce growth in driving is an important tool” to meet the statewide GHG pollution reduction goals. see Roadmap, p. 32. Section 8 of these Rules also advances the State’s goals to reduce emissions of other harmful air pollutants, including ozone.

Why the Transportation Commission is Taking This Action Senate Bill 21-260, signed into law by the Governor on June 17, 2021, and effective upon signature, includes a new § 43-1-128, C.R.S., which directs CDOT and MPOs to engage in an enhanced level of planning, modeling, and other analysis to minimize the adverse environmental and health impacts of planned transportation capacity projects. Section 43-1-128, C.R.S. also directs CDOT and the Commission to take steps to account for the impacts of transportation capacity projects on GHG pollution and Vehicle Miles Traveled and to help achieve statewide GHG pollution targets established in § 25-7- 102(2)(g), C.R.S.

Under Colorado law governing transportation planning, CDOT is charged with and identified as the proper body for “developing and maintaining the state transportation planning process and the state transportation plan” in cooperation with Regional Planning Commissions and local government officials. see § 43-1-1101, C.R.S.

The Commission is responsible for formulating policy with respect to transportation systems in the State and promulgating and adopting all CDOT financial budgets for construction based on the Statewide Transportation Improvement Programs. see § 43-1-106(8), C.R.S. The Commission is statutorily charged “to assure that the preservation and enhancement of Colorado’s environment, safety, mobility and economics be considered in the planning, selection, construction and operation of all transportation projects in Colorado.” see § 43-1-106(8)(b), C.R.S. In addition, the Commission is generally authorized “to make all necessary and reasonable orders, rules and regulations in order to carry out the provisions of this part . . .” see § 43-1-106(8)(k), C.R.S.

As such, CDOT and the Commission are primarily responsible for ensuring compliance with GHG reductions in transportation planning.

What Relevant Regulations Currently Apply to Transportation Planning Transportation planning is subject to both state and federal requirements. Under federal law governing transportation planning and federal-aid highways, it is declared to be in the national interest to promote transportation systems that accomplish a number of mobility objectives “while minimizing transportationrelated fuel consumption and air pollution through metropolitan and statewide transportation planning processes...” see 23 U.S.C. § 134; see also 23 U.S.C. § 135(a)(1). In the metropolitan planning process, consideration must be given to projects and strategies that will “protect and enhance the environment, promote energy conservation, improve the quality of life...” see 23 U.S.C. § 134(h)(1)(E); see also 23 C.F.R. Part 450, Subpart B (federal regulations governing statewide transportation planning and programming). The same planning objective applies to statewide transportation planning. see 23 U.S.C. § 135(d)(1)(E); see also 23 C.F.R. Part 450, Subpart C (governing metropolitan transportation planning and programming). Further, the Statewide Transportation Plan shall be developed, as appropriate, in consultation with State...local agencies responsible for...environmental protection...” see 23 U.S.C. § 135(f)(2)(D)(i).

Under conforming Colorado law, the Statewide Transportation Plan is developed by integrating and consolidating Regional Transportation Plans developed by MPOs and regional transportation planning organizations into a “comprehensive statewide transportation plan” pursuant to rules and regulations promulgated by the Commission. see § 43-1-1103(5), C.R.S. The Statewide Transportation Plan must address a number of factors including, but not limited to, “environmental stewardship” and “reduction of greenhouse gas emissions.” see § 43-1-1103(5)(h) and (j), C.R.S.

Regional Transportation Plans must account for the “expected environmental, social, and economic impacts of the recommendations in the transportation plan, including... [a] full range of reasonable transportation alternatives...in order to provide for the transportation and environmental needs of the area in a safe and efficient manner.” see § 43-1-1103(1)(d), C.R.S. Further, in developing Regional Transportation Plans, MPOs “[s]hall assist other agencies in developing transportation control measures for utilization in accordance with state...regulations...and shall identify and evaluate measures that show promise of supporting clean air objectives.” see § 43-1-1103(1)(e), C.R.S.

Putting Section 8 of these Rules into Perspective

Section 8 establishes GHG regulatory requirements that are among the first of their kind in the U.S.

However, from an air pollutant standpoint, connecting transportation planning to emissions is not a new policy area. In fact, transportation conformity provisions within the Clean Air Act approach ozone much the same way. Transportation conformity ensures that federally funded or approved highway and transit activities within a Nonattainment Area are consistent with or “conform to” a state’s plan to reduce emissions. Colorado’s front range has been in ozone nonattainment for many years, which has required the North Front Range and the Denver Regional Council of Governments’ MPOs to demonstrate conformity with each plan adoption and amendment.

However, because the transportation sector encompasses the millions of individual choices people make every day that have an impact on climate, a variety of strategies are necessary to achieve the State’s climate goals. Section 8 of these Rules is one of many steps needed to achieve the totality of reduction goals for the transportation sector.

Addressing Disproportionately Impacted Communities Historically, communities have been impacted unequally by transportation project design and construction, including a lack of access and connectivity. Negative impacts -- both to air quality by virtue of proximity to highways as well as limited non-driving options in neighborhoods proximate to highways -have often concentrated in Disproportionately Impacted Communities, often minority neighborhoods in urban and industrial areas. These rules are an important opportunity to ensure CDOT’s planning process and greenhouse gas requirements fully consider these communities and this history. To that end, many provisions were amended and added in the December 2021 update to these rules. Section 4 requires that CDOT’s statewide transportation plan include an analysis of impacts on Disproportionately Impacted Communities and, further, that CDOT seek to exchange information with, increase involvement in, and consider the transportation needs of these communities in the transportation planning process. Section 8 stipulates that Mitigation Action Plans include an accounting of the amount of mitigation dollars directly spent in--or designed to serve--Disproportionately Impacted Communities. These plans must also include an explanation of how any GHG Mitigation Measures delayed or canceled in these areas may still be achieved (or their equivalent). Together these provisions strengthen the role of Disproportionately Impacted Communities in selecting transportation projects through the planning process and ensures that appropriate attention and transparency be given to the opportunity provided by greenhouse gas mitigation investments.

Purpose of GHG Mitigation Measures The transportation modeling conducted for this rulemaking may demonstrate that certain projects increase GHG pollution for a variety of reasons. These reasons may include factors such as induced demand as a result of additional lane mileage attracting additional vehicular traffic, or additional traffic facilitated by access to new commercial or residential development in the absence of public transit options or bicycle/pedestrian access that provides consumers with other non-driving options.

Transportation infrastructure itself can also increase or decrease GHG and other air pollutants by virtue of factors like certain construction materials, removal or addition of tree cover that captures carbon pollution, or integration with vertical construction templates of various efficiencies that result in higher or lower levels of per capita energy use. The pollution impacts of various infrastructure projects will vary significantly depending on their specifics and must be modeled in a manner that is context-sensitive to a range of issues such as location, footprint of existing infrastructure, design, and how it fits together with transportation alternatives.

Furthermore, other aspects of transportation infrastructure can facilitate reductions in emissions and thus serve as mitigations rather than contributors to pollution. For example, the addition of transit resources in a manner that can displace Vehicle Miles Traveled (VMT) can reduce emissions. Moreover, improving downtown pedestrian and bike access, particularly in areas that allow individuals to shift multiple daily trips for everything from work to dining to retail, can improve both emissions and quality of life. All told, a reduction in VMT has numerous societal co-benefits including reduced fatal and serious injury crashes, wildlife mortality, and traffic congestion and improvements to public health, worker productivity, and Colorado’s economy.

There is an increasing array of proven best practices for reducing pollution and smog and improving economies and neighborhoods that can help streamline decision-making for state and local agencies developing plans and programs of projects. Additionally, the following core principles will guide the selection and delivery of mitigations: ● Valuing Benefits to Disproportionately Impacted Communities: Mitigation investments are an important opportunity to provide localized benefits to Disproportionately Impacted Communities and connecting vulnerable populations with jobs, education, and community services to ensure access to opportunity. ● Geographic Nexus with Impacts: Where regionally significant projects are projected to increase net greenhouse gas emissions, those emissions should be offset with project-specific GHG Mitigation Measures that benefit communities that will be impacted by the project. This principle is especially important for ensuring that Disproportionately Impacted Communities that have often, historically, borne a significant share of the negative impacts of highway projects, are able to achieve direct project benefits associated with meeting mitigation requirements. ● Holistic Air Quality Planning: CDOT and MPOs should be able to demonstrate how they have supported the GHG Mitigation Measures included in a Mitigation Action Plan, through funding, technical assistance, or other forms of support. All proposed GHG Mitigation Measures must be evaluated in a context-sensitive manner to confirm their efficacy to reduce GHG emissions and reviewed periodically for actual performance. ● Verification: The mitigations should be able to be tracked, verified, and reported publicly to ensure real reductions in greenhouse gas emissions. ● Reasonable Scale: CDOT and MPOs are expected to strive for a reasonable relationship between the scale of mitigation required and what is implemented, but are not expected to achieve a precise match. In some cases it also may not be possible, given current tools and models, to determine an exact ton reduction in GHGs. The Department intends to develop a scoring rubric over the coming months, with input from stakeholders, to provide a way to rate the relative effectiveness of measures and align the scale of mitigation needed with the deficit in million metric tons (MMT) needed to achieve the Rule’s GHG Reduction Levels. 1.00 Definitions. 1.01 Accessible - ensure that reasonable efforts are made that all meetings are reachable by persons from households without vehicles and that the meetings will be accessible to persons with disabilities in accordance with the Americans with Disabilities Act (ADA), and also accessible to persons with Limited English Proficiency. Accessible opportunities to comment on planning related matters include those provided on the internet and through such methods as telephone town halls. 1.02 Applicable Planning Document - refers to MPO Fiscally Constrained RTPs, TIPs for MPOs in NAAs, CDOT’s 10-Year Plan and Four-Year Prioritized Plan in Non-MPO areas, and amendments to the MPO RTPs and CDOT’s 10-Year Plan and Four-Year Prioritized Plan in Non- MPO areas that include the addition of Regionally Significant Projects. 1.03 Attainment Area - any geographic region of the United States that meets the national primary or secondary National Ambient Air Quality Standards (NAAQS) for the pollutants as defined in the Clean Air Act (CAA) (Amendments of 1990). 1.04 Baseline – For each MPO area and for the Non-MPO areas of the state, for each of the model years 2025, 2030, 2040, and 2050: the GHG emissions, in million metric tons (MMT), produced by the most recently adopted model for that area, together with the current EPA-approved version of MOVES or its successors in the format currently run by APCD, resulting from modeling the MPO RTP or CDOT 10-year plan adopted as of January 30, 2022. 1.05 Carbon Dioxide Equivalent (CO2e) - a standard unit for comparing the emissions from various GHG based upon the 100-year global warming potential (GWP). CO2e is calculated by multiplying the mass amount of emissions (metric tons per year), for each GHG constituent by that gas’s GWP, and summing the resultant values to determine CO2e (metric tons per year).

This calculation allows comparison of different greenhouse gases and their relative impact on the environment over different standard time periods. 1.06 Commission - the Transportation Commission of Colorado created by § 43-1-106, C.R.S. 1.07 Congestion Mitigation and Air Quality (CMAQ) - a federal funding program established in 23 U.S.C § 149 to improve air quality in Nonattainment and Maintenance Areas for ozone, carbon monoxide, and particulate matter. References related to this program include any successor programs as established by the federal government. 1.08 Corridor - a transportation system that includes all modes and facilities within a described geographic area. 1.9 Corridor Vision - a comprehensive examination of a specific transportation Corridor, which includes a determination of needs and an expression of desired state of the transportation system that includes Transportation Modes and facilities over a planning period. 1.10 Department or CDOT - the Colorado Department of Transportation created by § 43-1-103, C.R.S. 11.11 Disproportionately Impacted Communities - defined in §24-4-109, C.R.S. as a community that is described in § 24-4-109(2)(b)(II)(G) or (2)(b)(II)(H), C.R.S. or that is in a census block group, as determined in accordance with the most recent five-year United States bureau of the census American community survey and meets one or more of the following criteria. 1.11.1 The proportion of the population living in households that are below two hundred percent of the federal poverty level is greater than forty percent; 1.11.2 The proportion of households that spend more than thirty percent of household income on housing is greater than fifty percent; 1.11.3 The proportion of the population that identifies as people of color is greater than forty percent; 1.11.4 The proportion of the population that is linguistically isolated is greater than twenty percent; 1.11.5 A statewide agency determines, after a community presents evidence of being and requests to be classified as a disproportionately impacted community, that the population is disproportionately impacted based on evidence, presented in a relevant statewide agency decision-making process, that a census block group is disproportionately impacted because it has a history of environmental racism perpetuated through redlining or through anti-indigenous, anti-immigrant, anti-Latino, or anti-Black laws, policies, or practices and that present-day demographic factors and data demonstrate that the community currently faces environmental health disparities; 1.11.6 The community is identified by a statewide agency as being one where multiple factors, including socioeconomic stressors, vulnerable populations, disproportionate environmental burdens, vulnerability to environmental degradation or climate change, and lack of public participation may act cumulatively to affect health and the environment and may contribute to persistent disparities; 1.11.7 The community is a mobile home park, as defined in section 38-12-201.5 (6), regardless of whether the mobile home park is a census block group; or 1.11.8 The community is located on the Southern Ute or Ute Mountain Ute Indian reservation, regardless of whether the community is a census block group. 1.12 Division - the Division of Transportation Development within CDOT. 1.13 Division Director - the Director of the Division of Transportation Development. 1.14 Fiscally Constrained - the financial limitation on transportation plans and programs based on the projection of revenues as developed cooperatively with the MPOs and the rural TPRs and adopted by the Commission that are reasonably expected to be available over the long-range transportation planning period and the TIP and STIP programming periods. 1.15 Four-Year Prioritized Plan - a four-year subset of the 10-Year Plan consisting of projects prioritized for near-term delivery and partial or full funding. 1.16 Greenhouse Gas (GHG) – pollutants that are anthropogenic (man-made) emissions of carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, nitrogen trifluoride, and sulfur hexafluoride. 1.17 Greenhouse Gas (GHG) Reduction Level - the amount of the GHG expressed as CO2e reduced that CDOT and MPOs must attain through transportation planning. 1.18 Greenhouse Gas (GHG) Mitigation Measures - non-Regionally Significant Project strategies that reduce transportation GHG pollution and help meet the GHG Reduction Levels. 1.19 Intergovernmental Agreement - an arrangement made between two or more political subdivisions that form associations for the purpose of promoting the interest and welfare of said subdivisions. 1.20 Intermodal Facility - a site where goods or people are conveyed from one mode of transportation to another, such as goods from rail to truck or people from passenger vehicle to bus. 1.21 Land Use - the type, size, arrangement, and use of parcels of land. 1.22 Limited English Proficiency - individuals who do not speak English as their primary language and who have a limited ability to read, speak, write, or understand English. 1.23 Long-Range Planning - a reference to a planning period with a minimum 20-year planning horizon. 1.24 Maintenance Area - any geographic region of the United States previously designated by the U.S.

Environmental Protection Agency (EPA) as a Nonattainment Area pursuant to the Clean Air Act (CAA) Amendments of 1990 and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under § 175A of the CAA, as amended in 1990. 1.25 Memorandum of Agreement (MOA) - a written agreement between two or more parties on an intended plan of action. 1.26 Metropolitan Planning Agreement (MPA) - a written agreement between the MPO, the State, and the providers of public transportation serving the Metropolitan Planning Area that describes how they will work cooperatively to meet their mutual responsibilities in carrying out the metropolitan planning process. 1.27 Metropolitan Planning Area - a geographic area determined by agreement between the MPO for the area and the Governor, in which the metropolitan transportation planning process is carried out pursuant to 23 U.S.C. § 134. 1.28 Metropolitan Planning Organization (MPO) - an organization designated by agreement among the units of general purpose local governments and the Governor, charged to develop the RTPs and programs in a Metropolitan Planning Area pursuant to 23 U.S.C. § 134. 1.29 Mitigation Action Plan - an element of the GHG Transportation Report that specifies which GHG Mitigation Measures shall be implemented that help achieve the GHG Reduction Levels. 1.30 Mobility - the ability to move people, goods, services, and information among various origins and destinations. 1.31 MOVES Model - U.S. Environmental Protection Agency’s most recent version of the MOtor Vehicle Emission Simulator (or MOVES) model that quantifies GHG emissions from on-road transportation, or its successor, that is required for transportation conformity analyses per federal

regulation. 1.32 MPO Models - one (1) or more of the computer-based models maintained and operated by the MPOs which depict the MPO areas’ transportation systems (e.g., roads, transit, etc.) and development patterns (i.e., number and location of households and jobs) for a defined year (i.e., past, present, or forecast) and produce estimates of roadway VMT, delays, operating speeds, transit ridership, and other characteristics of transportation system use. 1.33 Multimodal - an integrated approach to transportation that takes into account all modes of travel, such as bicycles and walking, personal mobility devices, buses, transit, rail, aircraft, and motor vehicles. 1.34 Multimodal Transportation and Mitigation Options Fund (MMOF) - a program created in the State Treasury pursuant to § 43-4-1103, C.R.S. which funds bicycle, pedestrian, transit and other Multimodal projects as defined in § 43-4-1102(5), C.R.S. and GHG Mitigation projects as defined in § 43-4-1102(4.5), C.R.S. 1.35 National Ambient Air Quality Standards (NAAQS) - are those established by the U.S.

Environmental Protection Agency for air pollutants considered harmful to public health and environment. These criteria pollutants are: carbon monoxide, lead, nitrogen dioxide, ozone, particulate matter, and sulfur dioxide. 1.36 Nonattainment Area - any geographic region of the United States which has been designated by the EPA under section 107 of the CAA for any pollutants for which a NAAQS exists. 1.37 Non-Metropolitan Area - a rural geographic area outside a designated Metropolitan Planning Area. 1.38 Plan Integration - a comprehensive evaluation of the statewide transportation system that includes all modes, an identification of needs and priorities, and key information from other related CDOT plans. 1.39 Planning Partners - local and tribal governments, the rural TPRs and MPOs. 1.40 Project Priority Programming Process - the process by which CDOT adheres to 23 U.S.C. § 135 and 23 C.F.R. Part 450 when developing and amending the STIP. 1.41 Regional Planning Commission (RPC) - a planning body formed under the provisions of § 30-28- 105, C.R.S., and designated under these Rules for the purpose of transportation planning within a rural TPR. 1.42 Regionally Significant Project - a transportation project that is on a facility which serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., or transportation terminals as well as most terminals themselves) and would normally be included in the modeling of a metropolitan area's transportation network or state transportation network, including at a minimum all principal arterial highways and all fixed guideway transit facilities that offer an alternative to regional highway travel. Modifications of this definition shall be allowed if approved by the State Interagency Consultation Team. If the MPOs have received approval from the EPA to use a different definition of regionally significant project as defined in 40 C.F.R. § 93.101, the State Interagency Consultation Team will accept the modified definition.

Necessary specificity for MPO Models or the Statewide Travel Model will be approved by the State Interagency Consultation Team. 1.43 Regional Transportation Plan (RTP) - a long-range plan designed to address the future transportation needs for a TPR including, but not limited to, Fiscally Constrained or anticipated funding, priorities, and implementation plans, pursuant to, but not limited to, § 43-1-1103, C.R.S. and 23 C.F.R. Part 450. All rural and urban TPRs in the state produce RTPs. 1.44 State Interagency Consultation Team - consists of the Division Director or the Division Director’s designee, the Colorado Department of Public Health and Environment (CDPHE) Director of Air Pollution Control Division or the Director’s designee, the Director of each MPO or their designee, and the Colorado Energy Office Director or Director’s designee. The Division Director shall appoint a rural TPR Chair with experience with and representing rural planning interests and may appoint this member and additional member(s) from outside of these organizations to renewable terms of three (3) years. The State Interagency Consultation Team works collaboratively and consults appropriately to approve modifications to Regionally Significant definitions, and address classification of projects as Regionally Significant, modeling assumptions, and projects that reduce GHG emissions. 1.45 State Transportation System - refers to all state-owned, operated, and maintained transportation facilities in Colorado, including, but not limited to, interstate highways, other highways, and aviation, bicycle and pedestrian, transit, and rail facilities. 1.46 Statewide Transportation Advisory Committee (STAC) - the committee created by § 43-1-1104, C.R.S., comprising one representative from each TPR and one representative from each tribal government to review and comment on RTPs, amendments, and updates, and to advise both the Department and the Commission on the needs of the transportation system in Colorado. 1.47 Statewide Transportation Improvement Program (STIP) - a Fiscally Constrained, multi-year, statewide, Multimodal program of transportation projects which is consistent with the Statewide Transportation Plan and planning processes, with Metropolitan Planning Area plans, Transportation Improvement Programs and processes, and which is developed pursuant to 23 U.S.C. § 135. 1.48 Statewide Travel Model - the computer-based model maintained and operated by CDOT which depicts the state’s transportation system (roads, transit, etc.) and development scale and pattern (number and location of households, number and location of firms/jobs) for a selected year (past, present, or forecast) and produces estimates of roadway VMT and speed, transit ridership, and other characteristics of transportation system use. 1.49 Statewide Transportation Plan - the long-range, comprehensive, Multimodal statewide transportation plan covering a period of no less than 20 years from time of adoption, developed through the statewide transportation planning process described in these Rules and 23 U.S.C. § 135, and adopted by the Commission pursuant to § 43-1-1103, C.R.S. 1.50 Surface Transportation Block Grant (STBG) - a flexible federal funding source established under 23 U.S.C. § 133 for state and local transportation needs. Funds are expended in the areas of the State based on population. References related to this program include any successor programs established by the federal government. 1.51 System Continuity - includes, but is not limited to, appropriate intermodal connections, integration with state modal plans, and coordination with neighboring RTPs, and, to the extent practicable, other neighboring states’ transportation plans. 1.52 Traditionally Underserved - refers to groups such as seniors, persons with disabilities, low-income households, minorities, and student populations, which may face difficulties accessing transportation systems, employment, services, and other amenities. 1.53 Transit and Rail Advisory Committee (TRAC) - an advisory committee created specifically to advise the Executive Director, the Commission, and the Division of Transit and Rail on transit and rail-related activities. 1.54 Transportation Commonality - the basis on which TPRs are established including, but not limited to: Transportation Commission Districts, the Department's Engineering Regions, Travelsheds, Watersheds, geographic unity, existing Intergovernmental Agreements, and socioeconomic unity. 1.55 Transportation Improvement Program (TIP) - a staged, Fiscally Constrained, multi-year, Multimodal program of transportation projects developed and adopted by MPOs, and approved by the Governor, which is consistent with an MPO’s RTP and which is developed pursuant to 23 U.S.C. § 134. 1.56 Transportation Mode - a particular form of travel including, but not limited to, bus, motor vehicle, rail, transit, aircraft, bicycle, pedestrian travel, or personal mobility devices. 1.57 Transportation Planning and Programming Process - all collaborative planning-related activities including the development of regional and Statewide Transportation Plans, the Department's Project Priority Programming Process, and development of the TIPs and STIP. 1.58 Transportation Planning Region (TPR) - a geographically designated area of the state, defined by

section 2.00 of these Rules in consideration of the criteria for Transportation Commonality, and for which a regional transportation plan is developed pursuant to the provisions of § 43-1-1102 and 1103, C.R.S. and 23 U.S.C. § 134. The term TPR is inclusive of these types: non-MPO TPRs, MPO TPRs, and TPRs with both MPO and non-MPO areas. 1.59 Transportation Systems Planning - provides the basis for identifying current and future deficiencies on the state highway system and outlines strategies to address those deficiencies and make improvements to meet Department goals. 1.60 Travelshed - the region or area generally served by a major transportation facility, system, or Corridor. 1.61 Tribal Transportation Improvement Program (TTIP) - a multi-year Fiscally Constrained list of proposed transportation projects developed by a tribe from the tribal priority list or tribal longrange transportation plan, and which is developed pursuant to 25 C.F.R. Part 170. The TTIP is incorporated into the STIP without modification. 1.62 Urbanized Area - an area with a population of 50,000 or more designated by the Bureau of the Census. 1.63 Vehicle Miles Traveled (VMT) - the traffic volume of a roadway segment or system of roadway segments multiplied by the length of the roadway segment or system. 1.64 Watershed - a land area that drains to a common waterway, such as a stream, lake, estuary, wetland, or ultimately the ocean. 1.65 10-Year Plan - a vision for Colorado's transportation system that includes a specific list of projects categorized across priority areas as identified in the Statewide Transportation Plan. 2.00 Transportation Planning Regions (TPR). 2.01 Transportation Planning Region Boundaries. TPRs are geographically designated areas of the state with similar transportation needs that are determined by considering transportation commonalities. Boundaries are hereby established as follows: 2.01.1 The Pikes Peak Area TPR comprises the Pikes Peak Area Council of Governments' metropolitan area within El Paso and Teller counties. 2.01.2 The Greater Denver TPR, which includes the Denver Regional Council of Governments’ planning area, comprises the counties of Adams, Arapahoe, Boulder, Broomfield, Clear Creek, Denver, Douglas, Gilpin, Jefferson, and parts of Weld. 2.01.3 The North Front Range TPR comprises the North Front Range Transportation and Air Quality Planning Council's metropolitan area within Larimer and Weld counties. 2.01.4 The Pueblo Area TPR comprises Pueblo County, including the Pueblo Area Council of Governments' metropolitan area. 2.01.5 The Grand Valley TPR comprises Mesa County, including the Grand Valley Metropolitan Planning Organization's metropolitan area. 2.01.6 The Eastern TPR comprises Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Phillips, Sedgwick, Washington, and Yuma counties. 2.01.7 The Southeast TPR comprises Baca, Bent, Crowley, Kiowa, Otero, and Prowers counties. 2.01.8 The San Luis Valley TPR comprises Alamosa, Chaffee, Conejos, Costilla, Mineral, Rio Grande, and Saguache counties. 2.01.9 The Gunnison Valley TPR comprises Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel counties. 2.01.10 The Southwest TPR comprises Archuleta, Dolores, La Plata, Montezuma, and San Juan counties, including the Ute Mountain Ute and Southern Ute Indian Reservations. 2.01.11 The Intermountain TPR comprises Eagle, Garfield, Lake, Pitkin, and Summit counties. 2.01.12 The Northwest TPR comprises Grand, Jackson, Moffat, Rio Blanco, and Routt counties. 2.01.13 The Upper Front Range TPR comprises Morgan County, and the parts of Larimer and Weld counties, that are outside both the North Front Range and the Greater Denver (metropolitan) TPRs. 2.01.14 The Central Front Range TPR comprises Custer, El Paso, Fremont, Park, and Teller counties, excluding the Pikes Peak Area Council of Governments' metropolitan area. 2.01.15 The South Central TPR comprises Huerfano, and Las Animas Counties. 2.02 Boundary Revision Process. 2.02.1 TPR boundaries, excluding any MPO-related boundaries, will be reviewed by the Commission at the beginning of each regional and statewide transportation planning process. The Department will notify counties, municipalities, MPOs, Indian tribal governments, and RPCs for the TPRs of the boundary review revision requests. MPO boundary review shall be conducted pursuant to 23 U.S.C. § 134 and 23 C.F.R. Part 450

Subpart B and any changes shall be provided to the Department to update the Rules. All boundary revision requests shall be sent to the Division Director, and shall include: 2.02.1.1 A geographical description of the proposed boundary change. 2.02.1.2 A statement of justification for the change considering transportation commonalities. 2.02.1.3 A copy of the resolution stating the concurrence of the affected RPC. 2.02.1.4 The name, title, mailing address, telephone number, fax number and electronic mail address (if available) of the contact person for the requesting party or parties. 2.02.2 The Department will assess and STAC shall review and comment (as set forth in these Rules) on all Non-Metropolitan Area TPR boundary revision requests based on transportation commonalities and make a recommendation to the Commission concerning such requests. The Department will notify the Commission of MPO boundary changes. The Commission may initiate a rule-making proceeding under the Colorado Administrative Procedure Act, § 24-4-103, C.R.S. to consider a boundary revision request. Requests received for a MPO or non-metropolitan TPR boundary revision outside of the regularly scheduled boundary review cycle must include the requirements identified above. 2.02.3 In the event that the Commission approves a change to the boundary of a TPR that has a RPC, the RPC in each affected TPR shall notify the Department of any changes to the Intergovernmental Agreement governing the RPC as specified in these Rules. 2.03 Transportation Planning Coordination with MPOs. 2.03.1 The Department and the MPOs shall coordinate activities related to the development of RTPs, the Statewide Transportation Plan, TIPs, and the STIP in conformance with 23 U.S.C. § 134 and 135 and § 43-1-1101 and § 43-1-1103, C.R.S. The Department shall work with the MPOs to resolve issues arising during the planning process. 2.04 Transportation Planning Coordination with Non-MPO RPCs. 2.04.1 The Department and RPCs shall work together in developing RTPs and in planning future transportation activities. The Department shall consult with all RPCs on development of the Statewide Transportation Plan; incorporation of RTPs into the Statewide Transportation Plan; and the inclusion of projects into the STIP that are consistent with the RTPs. In addition, the Department shall work with the RPCs to resolve issues arising during the planning process. 2.05 Transportation Planning Coordination among RPCs. 2.05.1 If transportation improvements cross TPR boundaries or significantly impact another TPR, the RPC shall consult with all the affected RPCs involved when developing the RTP. In general, RPC planning officials shall work with all Planning Partners affected by transportation activities when planning future transportation activities. 2.06 Transportation Planning Coordination with the Southern Ute and the Ute Mountain Ute Tribal Governments. 2.06.1 Regional transportation planning within the Southwest TPR shall be coordinated with the transportation planning activities of the Southern Ute and the Ute Mountain Ute tribal governments. The long-range transportation plans for the tribal areas shall be integrated in the Statewide Transportation Plan and the RTP for this TPR. The TTIP is incorporated into the STIP without modification. 2.07 Expectations for consistency and transparency of RPC governing documents. To ensure consistency and transparency among TPRs that conduct transportation planning and develop RTPs under Rule 4.00, the governing documents of RPCs must include the following information. 2.07.1 The name of the organization, and the membership, including transit membership consistent with and required under 43-1-1103. 2.07.2 The duties of the organization, and the ability to spend and receive funds, sue and be sued, and enter into contracts. 2.07.3 The ability to terminate and amend its governing documents. 2.07.4 An overview of general meeting cadence and locations. 2.07.5 A list of officers, process for the elections of officers, and the length of term of officers. 2.07.6 What shall constitute a quorum and what the voting structure shall be. 2.07.7 An assurance that meetings are open to the public and must be publicly noticed. 2.07.8 An assurance that agendas and meeting minutes are available and accessible to the public. 2.07.9 An assurance that regularly scheduled meetings shall allow time for public comment on the agenda. 2.07.10 The process for identifying how the TPR’s STAC representative is chosen. 2.07.11 A statement on how the TPR arranges for administrative support for its activities and responsibilities. 2.07.12 The inclusion of a Conflict of Interest Statement. 2.07.13 An assurance that TPR information can be found on the internet. 2.08 TPRs that have governmental jurisdictions that are represented within multiple TPRs are encouraged to work together to ensure no political jurisdiction represents more than one TPR on STAC. 3.00 Statewide Transportation Advisory Committee (STAC). 3.01 Duties of the STAC. Pursuant to § 43-1-1104 C.R.S. the duties of the STAC shall be to meet as necessary and provide advice to both the Department and the Commission on the needs of the transportation system in Colorado including, but not limited to: budgets, TIPs of the MPOs, the STIP, transportation plans, and state transportation policies.

The STAC shall review and provide to both the Department and the Commission comments on: 3.01.1 All RTPs, amendments, and updates as described in these Rules. 3.01.2 Transportation related communication and/or conflicts which arise between RPCs or between the Department and a RPC. 3.01.3 The integration and consolidation of RTPs into the Statewide Transportation Plan. 3.01.4 Colorado's Mobility requirements to move people, goods, services, and information by furnishing regional perspectives on transportation problems requiring interregional and/or statewide solutions. 3.01.5 Improvements to modal choice, linkages between and among modes, and transportation system balance and System Continuity. 3.01.6 Proposed TPR boundary revisions. 3.02 Notification of Membership 3.02.1 Each RPC and tribal government shall select its representative to the STAC pursuant to § 43-1-1104(1), C.R.S. The Ute Mountain Ute Tribal Council and the Southern Ute Indian Tribal Council each appoint one representative to the STAC. Each TPR and tribal government is also entitled to name an alternative representative who would serve as a proxy in the event their designated representative is unable to attend a STAC meeting and would be included by the Department in distributions of all STAC correspondence and notifications. The Division Director shall be notified in writing of the name, title, mailing address, telephone number, and electronic mail address (if available) of the STAC representative and alternative representative from each TPR and tribal government within thirty (30) days of selection. 3.02.2 The chairperson of the Transit and Rail Advisory Committee (TRAC) shall be a nonvoting member of STAC and is entitled to name an alternative representative in the event the chairperson is unable to attend a STAC meeting and both individuals shall be included by the Department in distributions of all STAC correspondence and notifications.

The Division Director shall be notified in writing of the name, title, mailing address, telephone number, and electronic mail address of the STAC representative and alternative representative within thirty (30) days of selection. 3.03 Administration of STAC 3.03.1 STAC recommendations on Regional and Statewide Transportation Plans, amendments, and updates shall be documented in the STAC meeting minutes, and will be considered by the Department and Commission throughout the statewide transportation planning process. 3.03.2 The STAC shall establish procedures to govern its affairs in the performance of its advisory capacity, including, but not limited to, the appointment of a chairperson and the length of the chairperson's term, meeting times, and locations. 3.03.2.1 In establishing procedures for the appointment of a chairperson and vice chairperson, STAC shall include a provision for term limits for each office so that no individual may serve in either position for more than two consecutive two-year terms. 3.03.2.2 To ensure the STAC’s leadership represents both rural and urban Colorado, STAC is encouraged to require that when the chairperson is chosen from a rural TPR or tribe, the vice chairperson shall be chosen from an urban MPO area, and each position shall rotate so that no consecutive chairpersons or vice chairpersons come from either a rural TPR or tribe, or urban MPO area consecutively. 3.03.3 The Division Director will provide support to the STAC, including, but not limited to: 3.03.3.1 Notification of STAC members and alternates of meeting dates. 3.03.3.2 Preparation and distribution of STAC meeting agendas, supporting materials, and minutes. 3.03.3.3 Allocation of Department staff support for STAC-related activities. 4.00 Development of Regional and Statewide Transportation Plans. 4.01 RPCs, MPOs, and the Department shall comply with all applicable provisions of 23 U.S.C. § 134 and § 135, 23 C.F.R. Part 450, and § 43-1-1103, C.R.S. and all applicable provisions of Commission policies and guidance documents in development of regional and statewide transportation plans, respectively. 4.02 Public Participation 4.02.1 The Department, in coordination with the RPCs of the rural TPRs, shall provide early and continuous opportunity for public participation in the transportation planning process. The process shall be proactive and provide timely information, adequate public notice, reasonable public access, and opportunities for public review and comment at key decision points in the process. The objectives of public participation in the transportation planning process include: providing a mechanism for public perspectives, needs, and ideas to be considered in the planning process; developing the public’s understanding of the problems and opportunities facing the transportation system; demonstrating explicit consideration and response to public input through a variety of tools and techniques; and developing consensus on plans. The Department shall develop a documented public participation process pursuant to 23 C.F.R. Part 450. 4.02.2 Statewide Plans and Programs. Pursuant to 23 C.F.R. Part 450 Subpart B, the Department is responsible, in cooperation with the RPCs and MPOs, for carrying out public participation for developing, amending, and updating the Statewide Transportation Plan, the STIP, and other statewide transportation planning activities. 4.02.3 MPO Plans and Programs. Pursuant to 23 C.F.R. Part 450 Subpart C, the MPOs are responsible for carrying out public participation for the development of RTPs, TIPs and other related regional transportation planning activities for their respective Metropolitan Planning Areas. Public participation activities carried out in a metropolitan area in response to metropolitan planning requirements shall by agreement of the Department and the MPO, satisfy the requirements of this subsection. 4.02.4 Non-MPO TPR Plans and Programs. RPCs for non-MPO TPRs are responsible for public participation related to regional planning activities in that TPR, in cooperation with the Department. Specific areas of cooperation shall be determined by agreement between the RPC and the Department. 4.02.5 Public Participation Activities. Public participation activities at both the rural TPR and statewide level shall include, at a minimum: 4.02.5.1 Establishing and maintaining for the geographic area of responsibility a list of all known parties interested in transportation planning including, but not limited to: elected officials; municipal and county planning staffs; affected public agencies; local, state, and federal agencies eligible for federal and state transportation funds; local representatives of public transportation agency employees and users; freight shippers and providers of freight transportation services; public and private transportation providers; representatives of users of transit, bicycling and pedestrian, aviation, and train facilities; private industry; environmental and other interest groups; Indian tribal governments and the U.S.

Secretary of the Interior when tribal lands are involved; and representatives of persons or groups that may be underserved by existing transportation systems, such as minority, low-income, seniors, persons with disabilities, and those with Limited English Proficiency; and members of the general public expressing such interest in the transportation planning process. 4.02.5.2 Providing reasonable notice and opportunity to comment through mailing lists and other various communication methods on upcoming transportation planning-related activities and meetings. Reasonable notice for Disproportionately Impacted Communities requires the notice be translated in the primary languages spoken in the community. 4.02.5.3 Utilizing reasonably available internet or traditional media opportunities, including minority and diverse media, to provide timely notices of planningrelated activities and meetings to members of the public, including Limited English Proficiency individuals, and others who may require reasonable accommodations. Methods that will be used to the maximum extent practicable for public participation could include, but not be limited to, use of the internet; social media, news media, such as newspapers, radio, or television, mailings and notices, including electronic mail and online newsletters. 4.02.5.4 Seeking out those persons groups and communities Disproportionately Impacted or Traditionally Underserved by existing transportation systems including, but not limited to, seniors, persons with disabilities, minority groups, low-income, and those with Limited English Proficiency, for the purposes of exchanging information, increasing their involvement, and considering their transportation needs in the transportation planning process. Pursuant to § 43-1- 601, C.R.S., the Department shall prepare a statewide survey identifying the transportation needs of seniors and of persons with disabilities. 4.02.5.5 Consulting, as appropriate, with RPCs, and federal, state, local, and tribal agencies responsible for land use management, natural resources, environmental protection, conservation, cultural resources, and historic preservation concerning the development of long-range transportation plans. 4.02.5.6 Providing reasonable public access to, and appropriate opportunities for public review and comment on criteria, standards, and other planning-related information. Reasonable public access includes, but is not limited to, Limited English Proficiency services and access to ADA-compliant facilities, as well as to the internet. 4.02.5.7 Where feasible, scheduling the development of regional and statewide plans so that the release of the draft plans may be coordinated to provide for the opportunity for joint public outreach. 4.02.5.8 Documentation of Responses to Significant Issues. RPCs and the Department shall respond in writing to all significant issues raised during the review and comment period on transportation plans, and make these responses available to the public. 4.02.5.9 Review of the Public Involvement Process. All interested parties and the Department shall periodically review the effectiveness of the Department’s public involvement process to ensure that the process provides full and open access to all members of the public. When necessary, the process will be revised and allow time for public review and comment per 23 C.F.R. Part 450. 4.03 Transportation Systems Planning. RPCs, and the Department, shall use an integrated Multimodal Transportation Systems Planning approach in developing and updating the long-range RTPs and the long-range Statewide Transportation Plan for a minimum 20-year forecasting period. RPCs shall have flexibility in the methods selected for Transportation Systems Planning based on the complexity of transportation problems and available resources within the TPR. The Department will provide guidance and assistance to the RPCs regarding the selection of appropriate methods. 4.03.1 Transportation Systems Planning by RPCs and the Department shall consider the results of any related studies that have been completed. RPCs and the Department may also identify any Corridor(s) or sub-area(s) where an environmental study or assessment may need to be performed in the future. 4.03.2 Transportation Systems Planning by RPCs shall consider needs and desired state of the transportation system including existing and future land use and infrastructure, major activity centers such as industrial, commercial and recreation areas, economic development, environmental protection, and modal choices. 4.03.3 Transportation Systems Planning by RPCs shall include operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and Mobility of people goods, and services. 4.03.4 Transportation Systems Planning by the Department should include capital, operations, maintenance and management strategies, investments, procedures, and other measures to ensure the preservation and most efficient and effective use of the State Transportation System. 4.03.5 Transportation Systems Planning by the Department shall consider and integrate all modes into the Statewide Transportation Plan and include coordination with Department modal plans and modal committees, such as the TRAC. 4.03.6 Transportation Systems Planning by the Department shall provide for the establishment and use of a performance-based approach to transportation decision-making to support the national goals described in 23 U.S.C. § 150 (FAST Act, P.L. 114-94). Performance targets that the Department establishes to address the performance measures described in 23 U.S.C. § 150, where applicable, are to be used to track progress towards attainment of critical outcomes for the state. The state shall consider the performance measures and targets when developing policies, programs, and investment priorities reflected in the Statewide Transportation Plan and STIP. 4.04 Regional Transportation Plans (RTP). Long-range RTPs shall be developed, in accordance with federal (23 U.S.C. § 134 and § 135) and state (§ 43-1-1103 and § 43-1-1104, C.R.S.) law and implementing regulations. Department selection of performance targets that address the performance measures shall be coordinated with the relevant MPOs to ensure consistency, to the maximum extent practicable. 4.04.1 Content of RTPs. Each RTP shall include, at a minimum, the following elements: 4.04.1.1 Transportation system facility and service requirements within the MPO TPR over a minimum 20-year planning period necessary to meet expected demand, and the anticipated capital, maintenance and operating cost for these facilities and services. 4.04.1.2 State and federal transportation system planning factors to be considered by RPCs and the Department during their respective Transportation Systems Planning shall include, at a minimum, the factors described in § 43-1- 1103 (5), C.R.S., and in 23 U.S.C. § 134 and § 135. 4.04.1.3 Identification and discussion of potential environmental mitigation measures, Corridor studies, or Corridor Visions, including a discussion of impacts to minority and low-income communities. 4.04.1.4 A discussion of potential environmental mitigation activities and potential areas to carry out these activities, including activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan. 4.04.1.5 For rural RTPs, the integrated performance-based Multimodal transportation plan based on revenues reasonably expected to be available over the minimum 20-year planning period. For metropolitan RTPs, a Fiscally Constrained financial plan. 4.04.1.6 Identification of reasonably expected financial resources developed cooperatively among the Department, MPOs, and rural TPRs for Long-Range Planning purposes, and results expected to be achieved based on regional priorities. 4.04.1.7 Documentation of the public notification and public participation process pursuant to these Rules. 4.04.1.8 A resolution of adoption by the responsible MPO or the RPC. 4.04.2 Products and reviews 4.04.2.1 Draft Plan. TPRs shall provide a draft of the RTP to the Department through the Division. 4.04.2.2 Draft Plan Review. Upon receipt of the draft RTPs, the Department will initiate its review and schedule the STAC review (pursuant to these Rules). The Department will provide its comments and STAC comments to the TPR within a minimum of 30 days of receiving the draft RTP. RTPs in metropolitan areas completed pursuant to the schedule identified in 23 C.F.R. § 450.322 shall be subject to the provisions of this section prior to being submitted to the Department for consideration as an amendment to the Statewide Transportation Plan. 4.04.2.3 Final Plan. TPRs shall provide the final RTP to the Department through the Division. 4.04.2.4 Final Plan Review. Upon receipt of the final RTP, the Department will initiate its review and schedule the STAC review (pursuant to these Rules) of the final RTPs to determine if the plans incorporate the elements required by the Rules. If the Department determines that a final RTP is not complete, including if the final RTP does not incorporate the elements required by these Rules, then the Department will not integrate that RTP into the statewide plan until the TPR has sufficiently revised that RTP, as determined by the Department with advice from the STAC. The Department will provide its comments and STAC comments to the TPR within a minimum of 30 days of receiving the final RTP. TPRs shall submit any RTP revisions based on comments from the Department and STAC review within 30 days of the Department’s provision of such comments. RTPs in metropolitan areas completed pursuant to the schedule identified in 23 C.F.R. § 450.322 shall be subject to the provisions of this section prior to being submitted to the Department for consideration as an amendment to the Statewide Transportation Plan. 4.05 Maintenance and Nonattainment Areas. Each RTP, or RTP amendment, shall include a section that: 4.05.1 Identifies any area within the TPR that is designated as a Maintenance or Nonattainment Area. 4.05.2 Addresses, in either a qualitative or quantitative manner, whether transportation related emissions associated with the pollutant of concern in the TPR are expected to increase over the Long-Range Planning period and, if so, what effect that increase might have in causing a Maintenance Area for a NAAQS pollutant to become a Nonattainment Area, or a Nonattatinment Area to exceed its emission budget in the approved State Implementation Plan. 4.05.3 If transportation related emissions associated with the pollutant are expected to increase over the Long-Range Planning period, identifies which programs or measures are included in the RTP to decrease the likelihood of that area becoming a Nonattainment Area for the pollutant of concern. 4.06 Statewide Transportation Plan. The RTPs submitted by the RPCs shall, along with direction provided through Commission policies and guidance, form the basis for developing and amending the Statewide Transportation Plan. The Statewide Transportation Plan shall cover a minimum 20year planning period at the time of adoption and shall guide the development and implementation of a performance-based Multimodal transportation system for the State. 4.06.1 The Statewide Transportation Plan shall: 4.06.1.1 Integrate and consolidate the RTPs and the Department’s systems planning, pursuant to these Rules, into a long-range 20-year Multimodal transportation plan that presents a clear, concise path for future transportation in Colorado. 4.06.1.2 Include the long-term transportation concerns of the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe in the development of the Statewide Transportation Plan. 4.06.1.3 Coordinate with other state and federal agencies responsible for land use management, natural resources, environmental protection, conservation, and historic preservation. 4.06.1.4 Include a discussion of potential environmental mitigation activities and potential areas to carry out these activities that may have the greatest potential to restore and maintain the environmental functions affected by the plan developed in consultation with federal, state, and tribal wildlife, land management and regulatory agencies. 4.06.1.5 Include a comparison of transportation plans to state and tribal conservation plans or maps and to inventories of natural or historical resources. 4.06.1.6 Provide for overall Multimodal transportation system management on a statewide basis. 4.06.1.7 The Statewide Transportation Plan shall be coordinated with metropolitan transportation plans pursuant to 23 C.F.R. Part 450, § 43-1-1103 and § 43-1-1105, C.R.S. Department selection of performance targets shall be coordinated with the MPOs to ensure consistency, to the maximum extent practicable. 4.06.1.8 Include an analysis of how the Statewide Transportation Plan is aligned with Colorado’s climate goals and helps reduce, prevent, and mitigate GHG and other air pollutants throughout the State. 4.06.1.9 Include an analysis of impacts on Disproportionately Impacted Communities. 4.06.1.10 Include the 10-Year Plan as an appendix. 4.06.2 Content of the Statewide Transportation Plan. At a minimum, the Statewide Transportation Plan shall include priorities as identified in the RTPs, as identified in these Rules and pursuant to federal planning laws and regulations. The Statewide Transportation Plan shall be submitted to the Commission for its consideration and approval. 4.06.3 Review and Adoption of the Statewide Transportation Plan. 4.06.3.1 The Department will submit a draft Statewide Transportation Plan to the Commission, the STAC, and all interested parties for review and comment. The review and comment period will be conducted for a minimum of 30 days. The Statewide Transportation Plan and appendices will be available in physical form upon request, and made available on the internet. 4.06.3.2 The Department will submit the final Statewide Transportation Plan to the Commission for adoption. 5.00 Updates to Regional and Statewide Transportation Plans. 5.01 Plan Update Process. The updates of RTPs and the Statewide Transportation Plan shall be completed on a periodic basis through the same process governing development of these plans pursuant to these Rules. The update cycle shall comply with federal and state law and be determined in consultation with the Commission, the Department, the STAC and the MPOs so that the respective update cycles will coincide. 5.02 Notice by Department of Plan Update Cycle. The Department will notify RPCs and the MPOs of the initiation of each plan update cycle, and the schedule for completion. 6.00 Amendments to the Regional and Statewide Transportation Plans. 6.01 Amendment Process 6.01.1 The process to consider amendments to RTPs shall be carried out by rural RPCs and the MPOs. The amendment review process for RTPs shall include an evaluation, review, and approval by the respective RPC or MPO. 6.01.2 The process to consider amendments to the Statewide Transportation Plan shall be carried out by the Department, either in considering a proposed amendment to the Statewide Transportation Plan from a requesting RPC or MPO or on its own initiative. 6.01.3 The process to consider amendments to the 10-Year Plan shall be carried out by CDOT in coordination with the rural RPCs and the MPOs. 7.00 Transportation Improvement Programs (TIPs) and Statewide Transportation Improvement Program (STIP). 7.01 TIP development shall occur in accordance with 23 C.F.R. Part 450, Subpart C. The Department will develop the STIP in accordance with 23 C.F.R. Part 450, Subpart B. 7.02 The Department will work with its Planning Partners to coordinate a schedule for development and adoption of TIPs and the STIP. 7.03 A TIP for an MPO that is in a Nonattainment or Maintenance Area must first receive a conformity determination by FHWA and FTA before inclusion in the STIP pursuant to 23 C.F.R. Part 450. 7.04 MPO TIPs and Colorado’s STIP must be Fiscally Constrained. Under 23 C.F.R. Part 450, each project or project phase included in an MPO TIP shall be consistent with an approved metropolitan RTP, and each project or project phase included in the STIP shall be consistent with the long-range Statewide Transportation Plan. MPO TIPs shall be included in the STIP either by reference or without change upon approval by the MPOs and the Governor. 8.00 GHG Emission Requirements 8.01 Establishment of Regional GHG Transportation Planning Reduction Levels 8.01.1 The GHG emission reduction levels within Table 1 apply to MPOs and the Non-MPO area within the state of Colorado as of the effective date of these Rules. 8.01.2 Regional GHG Transportation Planning Reduction Levels Table 1: GHG Transportation Planning Reduction Levels in MMT of CO2e Regional Areas DRCOG 0.27 0.82 0.63 0.37 NFRMPO 0.04 0.12 0.11 0.07 PPACG N/A 0.15 0.12 0.07 GVMPO N/A 0.02 0.02 0.01 PACOG N/A 0.03 0.02 0.01 CDOT/Non-MPO 0.12 0.36 0.30 0.17 TOTAL 0.43 1.5 1.2 0.7 8.02 Process for Determining Compliance 8.02.1 Emissions Analysis Requirements When Adopting or Amending an Applicable Planning Document. Each MPO and CDOT shall conduct a GHG emissions analysis using MPO Models or the Statewide Travel Model, and the MOVES Model, to estimate total CO2e emissions. Such analysis shall include, at a minimum the existing transportation network and future completed Regionally Significant Projects contained in the Applicable Planning Document. The emissions analysis must estimate total CO2e emissions in million metric tons (MMT) for each year in Table 1 as long as the year is not in the past and compare these emissions to the Baseline. When adopting a TIP that is included in the definition of an Applicable Planning Document, the required emissions analysis will apply to one year corresponding with the last year of the TIP, using interpolation between Table 1 years if the last year of the TIP does not correspond to a designated year in Table 1. This provision shall not apply to MPO TIP amendments. 8.02.2 Agreements on Modeling Assumptions and Execution of Modeling Requirements. Each MPO, prior to the adoption of the next RTP, shall enter into an Intergovernmental Agreement with CDOT and CDPHE which outlines each agency’s responsibilities for development and execution of MPO Models or the Statewide Travel Model, and MOVES Model. 8.02.2.1 MPOs and CDOT shall prepare and publish (on a publicly accessible website) a calibration and validation report for their respective travel model. The report shall document model components and key parameters and should address how models account for induced travel demand associated with changes to the transportation system. 8.02.3 The State Interagency Consultation Team shall meet as needed to address any questions on the classification of projects as Regionally Significant, modeling assumptions, and projects that reduce GHG emissions. 8.02.4 By May 1, 2022, CDOT in consultation with the MPOs shall establish an ongoing administrative process and guidelines, through a public process, for selecting, measuring, confirming, verifying, and reporting GHG Mitigation Measures. CDOT and MPOs may incorporate one or more GHG Mitigation Measures into their plans in order to assist in meeting the Regional GHG Planning Reduction Levels in Table 1. Such a process and guidelines shall include, but not be limited to, how CDOT and MPOs should determine the relative benefits and impacts of GHG Mitigation Measures, and measure and prioritize localized benefits to communities and Disproportionately Impacted Communities in particular. The mitigation credit awarded to a specific solution shall consider both regional and community benefits. 8.02.5 Timing for Determining Compliance 8.02.5.1 By October 1, 2022, CDOT shall update their 10-Year Plan and DRCOG and NFRMPO shall update their RTPs and meet the reduction levels in Table 1 or MMOF will be restricted pursuant to § 43-4-1103, C.R.S. and the restrictions set forth in Rule 8.02.6.4, as applicable, shall also apply. 8.02.5.2 CDOT must for each Applicable Planning Document adopted or amended after October 1, 2022, meet either the reduction levels within Table 1 for Non-MPO areas or the requirements as set forth in Rule 8.02.6.4.1. 8.02.5.3 MPOs must for each Applicable Planning Document adopted or amended after October 1, 2022, meet either the corresponding reduction levels within Table 1, or the relevant MPO and CDOT each must meet the requirements as set forth in Rule 8.02.6.4.2 or Rule 8.02.6.4.3, as applicable. This provision shall not apply to MPO TIP Amendments. 8.02.6 Demonstrating Compliance. At least thirty (30) days prior to adoption or amendment of any Applicable Planning Document except amendments to MPO TIPs, CDOT for Non- MPO areas, and the MPOs for their areas shall provide to the Commission a GHG Transportation Report containing the following information: 8.02.6.1 GHG emissions analysis and, if applicable, a GHG Mitigation Action Plan demonstrating that the Applicable Planning Document is in compliance with the GHG Reduction Levels in MMT of CO2e for each compliance year in Table 1 or that the requirements in Rule 8.02.6.4 have been met. 8.02.6.2 Identification and documentation of the MPO Model or the Statewide Travel Model and the MOVES Model used to determine GHG emissions in MMT of CO2e. 8.02.6.3 If GHG Mitigation Measures are needed to count toward the GHG Reduction Levels in Table 1, the MPO or CDOT may submit a Mitigation Action Plan that identifies GHG Mitigation Measures, if any, needed to meet the GHG Reduction Levels within Table 1. The Mitigation Action Plan shall include: 8.02.6.3.1 The anticipated start and completion date of each measure. 8.02.6.3.2 An estimate, where feasible, of the annual GHG emissions reductions in MMT of CO2e achieved per year by any GHG Mitigation Measures. 8.02.6.3.3 Quantification of specific co-benefits where feasible including reduction of co-pollutants (PM2.5, NOx, etc.) as well as travel impacts (changes to VMT, pedestrian/bike use, transit ridership numbers, etc. as applicable). 8.02.6.3.4 Description of benefits to Disproportionately Impacted Communities including an estimate of the total mitigation project spent in or designed to serve Disproportionately Impacted Communities. 8.02.6.4 If an Applicable Planning Document does not meet the GHG Reduction Levels as described in Rule 8.02.6.1, the GHG Transportation Report may be deemed in compliance if certain funds are restricted as applicable in this section. 8.02.6.4.1 In Non-MPO areas the Department shall award 10-Year Plan funds anticipated to be expended on Regionally Significant Projects on projects or approved GHG Mitigation Measures that reduce GHG emissions as necessary to achieve the GHG Reduction Levels in MMT of 8.02.6.4.2 In MPO areas that are not in receipt of federal suballocations pursuant to the CMAQ and/or STBG programs, the Department shall award 10-Year Plan funds on projects or approved GHG Mitigation Measures as necessary to achieve the GHG Reduction Levels in MMT of 8.02.6.4.3 In MPO areas that are in receipt of federal suballocations pursuant to the CMAQ and/or STBG programs, the MPO shall award those funds anticipated to be expended on projects or approved GHG Mitigation Measures that reduce GHG emissions, and the Department shall award 10-Year Plan funds on projects or approved GHG Mitigation Measures as necessary to achieve the GHG Reduction Levels in MMT of 8.02.6.4.4 The restrictions in Rule 8.02.6.4 do not apply to projects which have been advertised for construction with funding identified prior to the adoption of the Applicable Planning Document or are not contained in an Applicable Planning Document. 8.02.6.4.5 The restrictions in 8.02.6.4 do not apply to funding sources where adherence to those restrictions would violate federal or state statutory requirements for those funding sources. 8.02.7 Reporting on Compliance. Following the submission of a GHG Transportation Report containing a Mitigation Action Plan, CDOT and MPOs must provide a status report for each GHG Mitigation Measure identified to the Commission annually by April 1 on an approved form. CDOT will provide support to MPOs when requested. The status report will contain the following items: 8.02.7.1 The implementation timeline; 8.02.7.2 The current status; 8.02.7.3 For measures that are in progress or completed, quantification of the benefit or impact of such measures; and 8.02.7.4 For measures that are delayed, cancelled, or substituted, an explanation of why that decision was made and, if located in a Disproportionately Impacted Community, how these measures or the equivalent could be achieved. 8.03 GHG Mitigation Measures. When assessing compliance with the GHG Reduction Levels, CDOT and MPOs shall have the opportunity to utilize approved GHG Mitigation Measures as set forth in Rules 8.02.4 and 8.02.6.3 to offset emissions and demonstrate progress toward compliance.

Illustrative examples of potential GHG Mitigation Measures include, but are not limited to: 8.03.1 The addition of transit resources in a manner that can displace VMT including in rural areas and other parts of the state where the public may travel to a community for work but live outside that area due to affordability of housing. 8.03.2 Improving pedestrian and bike access, particularly in areas that allow individuals to reduce multiple daily trips and better access transit. 8.03.3 Certain proven traffic management strategies such as bus queue jumps, traffic signal synchronization and preference, and roundabouts, in certain contexts while factoring in induced demand and safety. 8.03.4 Encouraging local adoption of more effective forms of vertical development and zoning plans that integrate mixed use in a way that links and rewards transportation project investments with the city making these changes. 8.03.5 Improving first-and-final mile access to transit stops and stations that make transit resources safer and more usable by consumers. 8.03.6 Improving the safety and efficiency of crosswalks and multi-use paths for pedestrians, bicyclists, and other non-motorized vehicles, including to advance compliance with the ADA. 8.03.7 Adopting or encouraging the adoption of locally driven changes to parking policies and physical configuration that encourage more walking, bicycling, and transit trips. 8.03.8 Incorporating medium/heavy duty vehicle electric charging and hydrogen refueling infrastructure -- as well as upgrading commensurate grid improvements -- into the design of key freight routes to accelerate truck electrification. 8.03.9 Establishing policies for clean construction that result in scalable improvements as a result of factors like lower emission materials, recycling of materials, and lower truck emissions during construction. 8.03.10 Implementing or encouraging the adoption of transportation demand management practices that reduce VMT. 8.03.11 Encouraging local adoption or expansion of school bus programs or school carpool programs to reduce private vehicle trips. 8.03.12 Electrifying loading docks to allow transportation refrigeration units and auxiliary power units to be plugged into the electric grid at the loading dock instead of running on diesel. 8.04 Air Pollution Control Division (APCD) Confirmation and Verification 8.04.1 At least forty-five (45) days prior to adoption of any Applicable Planning Document, CDOT for Non-MPO areas and the MPOs for their areas shall provide to APCD for review and verification of the technical data contained in the draft GHG Transportation Report required per Rule 8.02.6. If APCD has not provided written verification within thirty (30) days, the document shall be considered acceptable. The APCD shall submit any written verification to the agency adopting the Applicable Planning Document and to the Commission. 8.04.2 At least forty-five (45) days prior to adoption or amendment of policies per Rule 8.02.4, CDOT shall provide APCD the opportunity to review and comment. If APCD has not provided written comment within thirty (30) days, the document shall be considered acceptable. 8.05 Compliance. The Commission, within thirty (30) days of receipt of a GHG Transportation Report or at the next regularly scheduled Commission meeting, whichever is later, shall determine whether the applicable GHG Reduction Levels in Table 1 have been met and the sufficiency of any GHG Mitigation Measures needed for compliance. 8.05.1 If the Commission determines the requirements of Rule 8.02.6 have been met, the Commission shall, by resolution, accept the GHG Transportation Report. 8.05.2 If the Commission determines, by resolution, the requirements of Rule 8.02.6 have not been met, the Commission shall restrict the use of funds pursuant to Rule 8.02.6.4, as applicable, to projects and approved GHG Mitigation Measures that reduce GHG emissions. Prior to the implementation of such restriction, an MPO, CDOT (upon concurrence with the applicable MPO) or a TPR in a Non-MPO area, may, pursue one or both of the following actions. 8.05.2.1 Request a waiver from the Commission imposing restrictions on specific projects not expected to reduce GHG emissions. 8.05.2.1.1 By April 1, 2022, CDOT staff in consultation with the MPOs shall develop a waiver form for use by CDOT, MPOs, or TPRs when requesting a waiver. 8.05.2.1.2 A waiver may be requested at any time, including concurrently with the submission of a GHG Transportation Report. 8.05.2.1.3 The Commission may waive the restrictions on specific projects when applicants use CDOT’s waiver form that specifies the GHG Transportation Report reflected significant effort and priority placed, in total, on projects and GHG Mitigation Measures that reduce GHG emissions. 8.05.2.1.4 In no case shall a waiver be granted if such waiver results in a substantial increase in GHG emissions when compared to the required GHG Reduction Levels in this Rule. 8.05.2.2 Request reconsideration of a non-compliance determination by the Commission and provide written explanation of how the requirements of Rule 8.02.6 have been met. 8.05.3 The Commission shall act, by resolution, on a waiver or reconsideration request within thirty (30) days of receipt of the waiver or reconsideration request or at the next regularly scheduled Commission meeting, whichever is later. 8.05.4 Notwithstanding any other provision of this Rule, CDOT, DRCOG and NFRMPO must meet the requirements of § 43-4-1103, C.R.S. 8.06 Reporting. 8.06.1 Beginning July 1, 2025, and every 3 years thereafter, the Executive Director on behalf of CDOT shall prepare for the Transportation Commission and Air Quality Control Commission a comprehensive publicly released report on statewide transportation GHG reduction accomplishments. 8.06.2 Beginning October 1, 2022, and annually thereafter, CDOT shall provide to the Transportation Commission a report which shall include relevant factors such as economic conditions, population growth, latest available data on the number of electric vehicles registered in Colorado, transit ridership, bicycle use data, and total estimated VMT per capita within the MPO areas and statewide for the past calendar year. The Commission shall review annually the report during a publicly noticed meeting and shall assess whether the directional change in any of the metrics warrant consideration of policy changes. 8.07 Future Rule Updates. The Transportation Commission may identify parts of this Rule that need to be updated or revised. To adapt the Rule to changing information and conditions, the Commission may consider opening the Rule to such revisions. 9.00 Materials Incorporated by Reference 9.01 The Rules are intended to be consistent with and not be a replacement for the federal transportation planning requirements in Rule 9.01.1 and federal funding programs in Rules 9.01.2 and 9.01.3, which are incorporated into the Rules by this reference, and do not include any later amendments. 9.01.1 The Infrastructure Investment and Jobs Act or the “IIJA”, 23 U.S.C. §§ 134, 135 and 150, Pub. L. No. 117-58, signed into law on November 15, 2021, and its accompanying regulations, where applicable, contained in 23 C.F.R.Part 450, including Subparts A, B and C in effect as of November 15, 2021, and 25 C.F.R. § 170 in effect as of November 15, 2021. 9.01.2 Congestion Mitigation and Air Quality Improvement (CMAQ) Program, 23 U.S.C. § 149, in effect as of November 15, 2021. 9.01.3 Surface Transportation Block Grant (STBG) Program, 23 U.S.C. § 133, in effect as of November 15, 2021. 9.02 Also incorporated by reference are the following federal laws and regulations and do not include any later amendments: 9.02.1 Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, et. seq., in effect as of January 1, 2009. 9.02.2 Clean Air Act (CAA), 42 U.S.C. §§ 7407-7410, and 7505a, in effect as of November 15, 1990. 9.02.3 Transportation Conformity Regulations, 40 C.F.R. § 93.101, in effect as of November 24,1993. 9.03 Also incorporated by reference are the following documents, standards, and models and do not include any later amendments: 9.03.1 Greenhouse Gas Pollution Reduction Roadmap by the Colorado Energy Office and released on January 14, 2021. 9.03.2 MOVES3 Motor Vehicle Emissions Model for SIPs and Transportation Conformity released by the U.S. Environmental Protection Agency, in effect as of January 7, 2021. 9.04 All referenced laws and regulations are available for copying or public inspection during regular business hours from the Office of Policy and Government Relations, Colorado Department of Transportation, 2829 W. Howard Pl., Denver, Colorado 80204. 9.05 Copies of the referenced federal laws and regulations, planning documents, and models. 9.05.1 Copies of the referenced United States Code (U.S.C.) may be obtained from the following address:

Office of the Law Revision Counsel U.S. House of Representatives H2-308 Ford House Office Building Washington, DC 20515 (202) 226-2411 https://uscode.house.gov/browse.xhtml 9.05.2 Copies of the referenced Code of Federal Regulations (C.F.R.) may be obtained from the following address:

U.S. Government Publishing Office 732 North Capitol State, N.W.

Washington, DC 20401 (866) 512-1800 https://www.govinfo.gov/ 9.0.5.3 Copies of the Greenhouse Gas Pollution Reduction Roadmap (Roadmap) may be obtained from the following address:

Colorado Energy Office 1600 Broadway, Suite 1960 Denver, CO 80202 (303) 866-2100 energyoffice.colorado.gov 9.0.5.4 To download MOVES3 released by the U.S. Environmental Protection Agency may be obtained from the following address:

U.S. Environmental Protection Agency The Office of Transportation and Air Quality 1200 Pennsylvania Ave, N.W.

Washington, DC 20460 (734) 214–4574 or (202) 566-0495 mobile@epa.gov https://www.epa.gov/moves/latest-version-motor-vehicle-emission-simulator-moves 10.00 Declaratory Orders 10.01 The Commission may, at their discretion, entertain petitions for declaratory orders pursuant to § 24-4-105(11), C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/15/2012.

Section SB&P eff. 05/30/2013.

Entire rule eff. 09/14/2018.

Entire rule eff. 01/30/2022.

Rule 8.02.5.1 emer. rule eff. 07/21/2022.

Preamble, rules 1.04, 1.34, 1.44, 8.02.5.1, 8.02.6.4.3, 8.05.2, 8.05.3-.4, 9.02.2-.3 eff. 10/30/2022.

Rules 1.11, 2.07, 2.08, 3.02.1, 3.02.2, 3.03.2.1, 3.03.2.2 eff. 07/15/2024.

Annotations Rules 1.22, 1.25, 1.42, 2.03.1 – 2.03.1.4, 4.01, 4.02.1 – 4.02.3, 4.02.5.9, 4.04.2.2, 4.04.2.4, 4.06.1.7, 6.01.2, 7.01, 7.03 – 7.04 (adopted 10/18/2012) were not extended by Senate Bill 13-079 and therefore expired 05/15/2013.

2 CCR 601-23 RULES GOVERNING THE MOTORCYCLE OPERATOR SAFETY TRAINING (MOST) PROGRAM [Repealed eff. 09/30/2018] {#sec-2-ccr-601-23 omnilex-key=us-co-regs-official--department-21--2 CCR 601-23}

DEPARTMENT OF TRANSPORTATION

Transportation Commission and Office of Transportation Safety RULES GOVERNING THE MOTORCYCLE OPERATOR SAFETY TRAINING (MOST) PROGRAM - Repealed eff. 09/30/2018 2 CCR 601-23 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Editor's Notes

History Entire rule recodified from 2 CCR 602-3 eff. 03/17/2013.

Entire rule eff. 11/14/2013.

Sections SB&P, 9.00 emer. rules eff. 12/11/2013.

Sections SB&P, 9.00 eff. 03/30/2014.

Entire rule repealed eff. 09/30/2018

2 CCR 601-24 RULE GOVERNING COMMERCIAL FOOD TRUCK OPERATIONS AT COLORADO’S HIGHWAY REST AREAS OR OTHER DESIGNATED LOCATIONS [Emergency rule expired 12/25/2020] {#sec-2-ccr-601-24 omnilex-key=us-co-regs-official--department-21--2 CCR 601-24}

DEPARTMENT OF TRANSPORTATION

Executive Director

RULE GOVERNING COMMERCIAL FOOD TRUCK OPERATIONS AT COLORADO’S HIGHWAY

REST AREAS OR OTHER DESIGNATED LOCATIONS - Emergency rule expired 12/25/2020 2 CCR 601-24 [Editor’s Notes follow the text of the rules at the end of this CCR Document] _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 05/06/2020.

Entire rule emer. rule eff. 08/27/2020; expired 12/25/2020.

2 CCR 601-25 Rules Governing the Suspension or Revocation of Permits for the Transportation of Hazardous and Nuclear Materials by Motor Vehicle {#sec-2-ccr-601-25 omnilex-key=us-co-regs-official--department-21--2 CCR 601-25}

DEPARTMENT OF TRANSPORTATION

Executive Director RULES GOVERNING THE SUSPENSION OR REVOCATION OF PERMITS FOR THE TRANSPORTATION OF HAZARDOUS AND NUCLEAR MATERIALS BY MOTOR VEHICLE 2 CCR 601-25 [Editor’s Notes follow the text of the rules at the end of this CCR Document] _________________________________________________________________________

Chapter 1: Statutory Basis, Purpose, and Authority 1.1. Statutory Basis and Purpose Senate Bill 20-118 was enacted into law transferring the function of issuing permits for the transportation of hazardous and nuclear materials by motor vehicle from the Public Utilities Commission to the Colorado Department of Transportation. The purpose of these Rules is to establish the specific procedures for the suspension or revocation of Permits pursuant to sections 24-4-104 and 24-4-105, C.R.S. 1.2. Statutory Authority The specific authority for the Executive Director of the Colorado Department of Transportation (“the Department”) to establish these Rules is set forth in sections 43-1-105(6) and 42-20-205,

Chapter 2: Definitions 2.1. Department: The Department of Transportation has the same meaning as defined pursuant to

section 43-1-103, C.R.S. 2.2. State Patrol Chief Rules: The Rules and Regulations concerning the Permitting, Routing & Transportation of Hazardous and Nuclear Materials and the Intrastate Transportation of Agricultural Products in the state of Colorado as set forth in 8 CCR 1507-25. 2.3. Hazardous Materials Carrier: means a motor carrier that transports hazardous materials as defined in section 42-20-103(3), C.R.S. and is subject to the permitting requirements of the Department, as set forth in section 42-20-201, C.R.S., et seq. 2.4. Nuclear Materials Carrier: means a motor carrier that transports nuclear materials as defined in

section 42-20-402(3), C.R.S and subject to permitting requirements through the Department as set forth in section 42-20-501, C.R.S., et seq. 2.5. Permit: means a Permit issued by the Department to a Hazardous Materials Carrier pursuant to

section 42-20-201, C.R.S., et. seq. or to a Nuclear Materials Carrier pursuant to 42-20-501, C.R.S., et. seq.

Chapter 3: Suspension or Revocation of Permits 3.1. Track and Monitor Permit Violations The Department will track and monitor violations and civil penalties reported to the Department by the Colorado State Patrol, including data reported to the Department that establish patterns of noncompliance. 3.2. Grounds for Suspension and Revocation of a Permit A. Hazardous Materials Carriers Pursuant to section 42-20-205, C.R.S., the Department may suspend or revoke a Permit of a Hazardous Materials Carrier for the following reasons:

1. Lack of financial responsibility or failure to maintain liability insurance pursuant to sections 42-20-202(2)(a) and (3)(a), C.R.S. and as set forth in the State Patrol Chief Rules;

2. Failure to comply with the terms and conditions of the Permit pursuant to section 42-20-204(3), C.R.S. and as set forth in the State Patrol Chief Rules;

3. Failure to pay a civil penalty assessed pursuant to section 42-20-204, C.R.S.; or 4. Continued violations of the State Patrol Chief Rules and these Rules.

B. Nuclear Materials Carriers Pursuant to section 42-20-506, C.R.S., the Department may suspend or revoke a Permit of a Nuclear Materials Carrier for the following reasons:

1. Failure to comply with the terms and conditions of the Permit;

2. Misrepresentation of information in the Permit application;

3. Failure to pay a civil penalty assessed pursuant to section 42-20-406, C.R.S.; or 4. Failure to comply with the State Patrol Chief Rules and these Rules. 3.3. Automatic and Immediate Revocation of a Permit of a Hazardous Materials Carrier for Lack of Financial Responsibility or Failure to Maintain Insurance Coverage A. Whenever the Department’s records indicate that a Hazardous Materials Carrier’s liability insurance or surety bond coverage is canceled and the Department has no proof on file indicating replacement coverage as set forth in subparagraph A.1. of Rule 3.2., the Permit is automatically revoked pursuant to section 42-20-202(2)(a), C.R.S.

B. The Department will automatically notify the Hazardous Materials Carrier that:

1. The Department is in receipt of the insurance or surety cancellation and the effective date of the cancellation; and 2. The Hazardous Materials Carrier will not conduct operations under any of its Permits after the coverage cancellation date.

C. Upon proof of coverage, the Permit may be reinstated. 3.4. Suspension and Revocation of a Permit A. Pursuant to section 24-4-104, C.R.S., the Department will notify the Hazardous Materials Carrier or Nuclear Materials Carrier in writing of the objective facts or conduct that may warrant the suspension or revocation as set forth in Rule 3.2. and afforded the Hazardous Materials Carrier or Nuclear Materials Carrier opportunity to submit written data, views, and arguments with respect to the facts or conduct, and give the Hazardous Materials Carrier or Nuclear Materials Carrier a reasonable opportunity to comply with all lawful requirements.

B. Pursuant to section 24-4-104(10), C.R.S., written notice of the suspension or revocation of a Permit and the grounds for such action will be served promptly on the Hazardous Materials Carrier or Nuclear Materials Carrier personally or by mailing by first class to the last address furnished to the Department by the Hazardous Materials Carrier or Nuclear Materials Carrier. The notice will be sent on the same day via an electronic notification to the Hazardous Materials Carrier’s or Nuclear Materials Carrier’s last known email address.

C. If requested by the Hazardous Materials Carrier or Nuclear Materials Carrier, the Department will hold a hearing as set forth in Chapter 4 of these Rules for the suspension or revocation of a Permit. 3.5. Summary Suspension for Endangering Public Health, Safety and Welfare A. The Department may summarily suspend a Permit pursuant to section 24-4-104(4), B. When the Department has objective and reasonable grounds to believe that a Hazardous Materials Carrier or Nuclear Materials Carrier has willfully and deliberately violated these Rules, the State Patrol Chief Rules, or any applicable statutes, based on a reasonable ascertainment of the underlying facts on which this action is based, or that the public health, safety, or welfare imperatively requires emergency action, the Department may issue a letter incorporating such findings that summarily suspends the Permit.

C. “Willful and deliberate,” for purposes of this Rule, means a deliberate, voluntary, or intentional action or inaction that is in violation of the applicable rules, statutes, or any other lawful order. Willful and deliberate acts include: the same or similar action for which a person has already been warned; reckless or dangerous action; action done without regard to the consequences or the rights or safety of others; fraudulent action; conduct without the proper authority or engaging another person who performs without the proper

authority.

D. The letter of summary suspension by the Department and the notice of hearing will be served on the Hazardous Materials Carrier or Nuclear Materials Carrier along with supporting information.

E. The Executive Director or Executive Director’s designee pursuant to section 43-1-105(6), C.R.S. or an Administrative Law Judge will promptly hold a hearing no later than ten (10) days after the Department’s letter of summary suspension was served on the Hazardous Materials Carrier or Nuclear Materials Carrier. The issuance of the decision or initial decision will be expedited after hearing.

Chapter 4: Hearings and Appeals regarding the Suspension or Revocation of a Permit 4.1. All hearings and appeals, which are required by law regarding the suspension or revocation of a Permit, will be requested, provided, and conducted pursuant to sections 24-4-104 and 24-4-105, 4.2. Any hearing required by these Rules will be presided over by the Executive Director or Executive Director’s designee pursuant to section 43-1-105(6), C.R.S. or by an Administrative Law Judge appointed pursuant to Part 10 of Article 30 of Title 24, C.R.S. If a hearing is held before an Administrative Law Judge and if either party wishes to reverse or modify the initial decision of the Administrative Law Judge, then an appeal may be made to the Executive Director, or Executive Director’s designee, pursuant to sections 24-4-105 (14) and (15), C.R.S., within thirty (30) days after the date of service of the initial decision. The appeal must comply with the requirements of

section 24-4-105, C.R.S. All appeals must be submitted to the Department. The address of the Department is:

Colorado Department of Transportation:

CDOT Headquarters Attn: Freight Office 2829 W. Howard Pl.

Denver, CO 80204

Chapter 5: Declaratory Orders 5.1. Pursuant to section 24-4-105(11), C.R.S., the Department may entertain, in its sole discretion, petitions for declaratory orders concerning the suspension and revocation of Permits. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 01/04/2021.

Entire rule eff. 04/30/2021.

2 CCR 601-26 Rules Governing High-Visibility Alcohol and Drug Impaired Driving Enforcement Program {#sec-2-ccr-601-26 omnilex-key=us-co-regs-official--department-21--2 CCR 601-26}

DEPARTMENT OF TRANSPORTATION

RULES GOVERNING HIGH-VISIBILITY ALCOHOL AND DRUG IMPAIRED DRIVING ENFORCEMENT

PROGRAM

2 CCR 601-26 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] ________________________________________________________________________ 1.1 Statement of Basis and Purpose and Statutory Authority This regulation is adopted pursuant to the authority in section 43-4-902(3) C.R.S. and is intended to be consistent with the requirements of the State Administrative Procedures Act, section 24-4-101 et seq. (the “APA”).

Section 43-4-902(3), C.R.S. provides the Office of Transportation Safety in the Department of Transportation with the authority to promulgate rules for the administration of the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program. This program will be managed by the Department’s Office of Transportation Safety in accordance with these rules. 2.1 Scope and Purpose The High-Visibility Alcohol and Drug Impaired Driving Enforcement Program will:

Provide funding annually from the highway safety fund for alcohol and drug impaired driving enforcement pursuant to state law;

Increase funding to local governments to prevent impaired driving, including funds for impaired driving public education ahead of High-Visibility Impaired Driving Enforcement;

Decrease impaired driving related crashes and fatalities; and Increase local governments funding for increased High-Visibility Alcohol and Drug Impaired Driving Enforcement during high-risk times of the year, including Memorial Day, Independence Day, and New Year’s Eve. 3.1 Applicability The provisions of this section shall be applicable to Colorado cities, counties and municipalities with an established Qualified Program who are eligible to apply for and be awarded and allocated money for the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program 4.1 Definitions “Department of Transportation" ("Department" or "CDOT") means the department created pursuant to

section 24-1-128.7, C.R.S.

"Impaired Driving" means driving a motor vehicle or vehicle when a person has consumed alcohol or one or more drugs, or a combination of both alcohol and one or more drugs, that affects the person to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. See § 42-4-1301(g), C.R.S.

“Impaired Driving Program Manager” means the manager designated by the Director of the Office of Transportation Safety to oversee state funded impaired driving enforcement programs.

“Office of Transportation Safety" ("OTS") means the Office at the Department of Transportation created pursuant to section 24-42-101, C.R.S.

“Colorado Law Enforcement Program” (“Program”) means a Colorado government program that has statutory authority for enforcing traffic laws.

“Qualified Program” means program established by a municipality, city and county, or county to deliver awareness of high-visibility alcohol and drug impaired driving prevention enforcement and enforce laws pertaining to alcohol- and drug-related traffic offenses. Qualified Programs must meet eligibility requirements to receive state funds for high-visibility alcohol and drug impaired driving prevention enforcement. Qualified Program(s) at a minimum must have the resources to adequately enforce impaired driving violations including trained and sworn peace officers, access to toxicological testing resources, access to a post-arrest processing facility, administrative support to manage the post-arrest duties, grant management duties and program coordination. Program(s) must also have resources to educate the public and inform communities about alcohol- and drug-related traffic offenses to support high-visibility alcohol and drug impaired driving enforcement episodes. 5.1 Eligibility and Evaluation for Awarding Money 5.1.1 Eligibility Colorado cities, counties and municipalities with an established Qualified Program are eligible to apply for and be awarded and allocated money for the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program.

The OTS will annually, at least 60 days before funding allocations, notify all law enforcement agencies(s) with Qualified Programs of the funding opportunity and provide application instructions.

The OTS will review each application and evaluate which applicants can most effectively demonstrate that an award of funds from the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program will have the greatest impact on impaired driving related crashes, injuries, and fatalities. 5.1.2 Evaluation A. The applications will be evaluated based on the following elements:

1. Project Goals: A statement about the qualified program goals for the project.

2. Objectives: Objectives which are clear, realistic, specific, and measurable.

3. Activities which comprise the plan of operation for the project, describing how the activities will achieve each objective.

4. Community collaboration and support: Demonstration that partnerships exist or are being developed. Identify partnerships and planning groups that were included in the planning and implementation of this program.

5. Qualified Program resources: - Describe the Qualified Program’s resources and skills to adequately manage the project.

6. Project Evaluation: Describe the evaluation strategy that will be used to show project effectiveness and document successful activities.

7. Public and Community Education: How the Qualified Program will educate the public and inform communities about alcohol- and drug-related traffic offenses to support High- Visibility Alcohol and Drug Impaired Driving Enforcement episodes.

8. Budget Narrative: a detailed justification and explanation of budget items. 6.1 OTS Application Procedures A. The OTS will make application forms available through an announcement on the Department's website.

B. Applications must be received by the OTS by the deadline date that will be included in the application sent to the Qualified Programs.

C. Applications received after the deadline will not be considered, unless approved for consideration by the Director of the Office of Transportation Safety.

D. Each applicant will receive written notification of the action taken on its application.

E. Upon submission of the application, the applicant must submit:

1. A copy of its written policies for pursuant to section 24-31-309(6), C.R.S.;

2. A certification to the OTS that the applicant has complied with section 24-31-903(2), C.R.S.;

3. Documentation that any peace officer working for the Qualified Program will not be required or directed to issue a specified number of citations to individuals stopped during a High-Visibility Alcohol and Drug Impaired Driving Enforcement episode. 7.1 Qualified Program Enforcement Requirements Qualified Program(s) that conduct High-Visibility Alcohol and Drug Impaired Driving Enforcement episode checkpoints must implement a recognizable pattern by which vehicles are stopped during a High-Visibility Alcohol and Drug Impaired Driving Enforcement episode to prevent bias-motivated stops.

Qualified Program(s) must locate High-Visibility Alcohol and Drug Impaired Driving Enforcement episodes in a general area where an expected concentration of alcohol and drug impaired driving crashes are likely to occur or originate.

Qualified Program(s) must require any peace officer working for their law enforcement agency in the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program to, satisfactorily complete annual in-service training as required by section 24-31-315, C.R.S.

Qualified Program(s) must require any peace officer working for their law enforcement agency in enforcement activity of the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program to comply with State of Colorado Standards for the Standardized Field Sobriety (SFST) Program.

Any Qualified Program that does not comply with, or that has engaged a peace officer under the law enforcement agencies employ, who does not comply with the requirements of this section, or the rules, regulations, guidelines, or funding terms issued by the Office of Transportation Safety in administering the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program, or does not comply with other applicable laws, is subject to suspension of its funding received pursuant to the High-Visibility Alcohol and Drug Impaired Driving Enforcement Program and may be required to return the money. 8.1 Fiscal and Accounting Requirements Reimbursement to Qualified Program(s) will be made on a quarterly basis for costs incurred as specified in the written agreement between the OTS and the Qualified Program(s).

Qualified Program(s) must present itemized accountings to the OTS with billings and other records and receipts as required to support each item claimed. The OTS will provide reimbursement forms on request. 9.1 Declaratory Orders The Department may entertain, at its discretion, petitions for declaratory orders pursuant to § 24-4 105(11), C.R.S. ________________________________________________________________________

Editor's Notes

History New rule eff. 11/14/2024.

2 CCR 601-27 Rules Governing the Automated Vehicle Identification System in the Enforcement of Traffic Laws {#sec-2-ccr-601-27 omnilex-key=us-co-regs-official--department-21--2 CCR 601-27}

COLORADO DEPARTMENT OF TRANSPORTATION

RULES GOVERNING AUTOMATED VEHICLE IDENTIFICATION SYSTEMS IN THE ENFORCEMENT

OF TRAFFIC LAWS

2 CCR 601-27 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Statutory Authority These rules are adopted pursuant to the authority in section 42-4-110.5, C.R.S. 2.00 Scope and Purpose 2.01 These rules govern the Colorado Department of Transportation (Department) use of Automated Vehicle Identification System (AVIS) on state and US highways and the Department’s administrative processes that govern and meet the requirements of section 42-4-110.5, C.R.S. 2.02 These rules include prioritization criteria that the Department will use to determine which entity is authorized to use an AVIS if multiple entities seek authorization to use an AVIS on the same portion of a state highway, the process that the Department will use to notify a county, city and county, or municipality that the state will be using an AVIS within its jurisdiction. These rules also establish, subject to the caps set forth in sections 42-4-110.5(4)(b) and (4.5), C.R.S., the amount of Civil Penalty imposed for traffic violations detected through the Department’s use of AVIS.

Finally, these rules establish the administrative and enforcement process that the Department will use to administer, hear, and resolve a traffic violation detected through the use by the Department of an AVIS, including the administrative hearing process. 2.03 Nothing in these rules applies to the use of AVIS for the purpose of collecting tolls, fees, or civil penalties in accordance with C.R.S. section 43-4-501, et seq. and section 43-4-808. 3.00 Definitions 3.01 “Answer” means disputing a Notice of Violation and any related Civil Penalties or fees, by submitting a form (which shall include a request for hearing) as designated by the Department. 3.02 “Automated Vehicle Identification System” or “AVIS” means a machine that is used to automatically detect a violation of a traffic regulation and simultaneously record a photograph of the vehicle and the license plate of the vehicle. The term includes a system used to detect a violation of section 43-4-110.5(11), C.R.S. or a local speed ordinance, a system used to detect violations of traffic restrictions imposed by traffic signals or traffic signs, and a system used to detect violations of bus lane or bicycle lane restrictions. 3.03 “AVIS Corridor” means a street, highway, or interstate that the state, county, or municipality designates as an AVIS Corridor on which an AVIS may be located to detect violations of local traffic regulations or a traffic violation under state law, including, but not limited to, speed violations. The Department will evaluate and establish AVIS Corridors through an engineering investigation that illustrates justification through data collected within the past five years, incidents of crashes, speeding, reckless driving, or community complaints on state, US, and interstate highways designated as an AVIS Corridor, in addition to operations, speed compliance, and geometric analysis. The authority will remain with the Department's Chief Engineer for AVIS Corridors. 3.04 “Civil Penalty Assessment” means the amount of money assessed against a Responsible Party in the Notice of Violation or Civil Penalty Assessment Notice. 3.05 “Civil Penalty Assessment Notice” means a notice sent to a Responsible Party not later than thirty (30) days after the deadline for payment of Notice of Violation identified therein. 3.06 “Department” means the Colorado Department of Transportation and the state of Colorado as defined in section 42-4-110.5(1.1)(b), CRS. 3.07 “Deploy” means utilizing an AVIS within a designated corridor, Work Zone, or school zone to detect traffic violations. Deploy does not include moving, relocating, replacing, or securing an AVIS within an already established designated corridor, Work Zone, or school zone. 3.08 “Hearing Officer Final Order” means a final order entered by an impartial Hearing Officer regarding liability for Civil Penalties. 3.09 “Hearing Officer” means a person authorized to conduct a hearing under section 24-4-105(3), C.R.S. and 42-4-110.5(2.5)(IV). 3.10 “Install” means bringing an AVIS into service within a designated corridor, Work Zone, or school zone to detect speed or traffic violations. Install does not include moving an AVIS within an established designated corridor, Work Zone, or school zone. 3.11 “Notice of Violation” means a notice issued to the Responsible Party if the Department detects any alleged violation of a county or municipal traffic regulation or a traffic violation under state law through an AVIS. 3.12 “Program” means the program created by the Department in these rules, as required by section 42-4-110.5 C.R.S., for the use AVIS on state highways and the Department’s prioritization for the use of AVIS by other entities on state highways. 3.13 “Reasonable and Prudent” means the designated speed on any segment of street, highway, or interstate whether posted on a static regulatory speed sign or on a variable speed limit regulatory sign. 3.14 “Responsible Party” means the registered owner of vehicle within any state. If the registered owner of vehicle is engaged in the business of leasing or renting motor vehicles, such registered owner is liable for payment of the Civil Penalty, even if the motor vehicle in question was leased or rented at the time of the violation. 3.15 “Vendor” means the third-party contractor providing AVIS infrastructure and services to the Department. 3.16 “Warning Notice” means the document that will be sent for a violation or violations detected by an AVIS during the Warning Period. 3.17 “Warning Period” means the first thirty (30) days after a new AVIS is installed or deployed, or as may be extended by the Department, during which only Warning Notices will be issued. 3.18 “Work Zone” means a highway maintenance, repair, or construction area where maintenance, repair, or construction activity is taking place or will be taking place as designated by signage as required in section 42-4-614, C.R.S. 4.00 Warning Period and Warning Notices 4.01 There shall be a Warning Period after a new AVIS is installed or deployed. 4.01.1 For the first thirty (30) days after an AVIS is installed or deployed, only Warning Notices may be issued for alleged violations of a county or municipal traffic regulation or traffic violation under state law detected by an AVIS. 4.01.2 The Warning Period may be extended beyond the first thirty (30) days if the Department publicly announces the extension including when the Warning Period will end and when the Department will begin to issue Notice(s) of Violation. 4.01.3 During any Warning Period, only one Warning Notice per motor vehicle per Responsible Party will be issued, regardless of the number of violations in the same AVIS Corridor, Work Zone, or school zone. 4.01.4 Each new AVIS deployed in a Work Zone, school zone, or AVIS Corridor will have at least a thirty-day Warning Period. 4.01.5 Each specific Work Zone, school zone, or AVIS Corridor deployment will have a separate Warning Period. 4.02 Warning Notices 4.02.1 A Warning Notice must be sent to the Responsible Party by first-class mail, personal service, or by any mail delivery service offered by an entity other than the US postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, within the following timeframes:

1. Thirty (30) days after the alleged violation occurred if the motor vehicle involved in the alleged violation is registered in the state of Colorado; or 2. Sixty (60) days after the alleged violation occurs if the motor vehicle involved in the alleged violation is registered outside of the state of Colorado. 4.02.2 The Warning Notice must contain:

2. The name and address of the Responsible Party involved in the alleged violation;

3. The license plate number and issuing state of the motor vehicle involved in the alleged violation; and 3. The date, time, and location of the alleged violation. 5.00 Notice of Violation 5.01 A Notice of Violation shall be issued in the event of an alleged violation after any applicable Warning Notices as provided under Rule 4.02. 5.02 A Notice of Violation shall be sent to the Responsible Party by first-class mail, personal service, or by any mail delivery service offered by an entity other than the U.S. postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, within the following timeframes:

4. Within thirty (30) days after the alleged violation occurred if the motor vehicle involved in the alleged violation is registered in Colorado; or 2. Within sixty (60) days after the alleged violation occurs if the motor vehicle involved in the alleged violation is registered outside of Colorado. 5.03 The Notice of Violation must contain:

5. The name and address of the Responsible Party involved in the alleged violation;

6. The license plate number and issuing state of the motor vehicle involved in the alleged violation;

7. The date, time, and location of the alleged violation;

8. A description of the alleged violation.

9. The amount of the Civil Penalty prescribed for the alleged violation;

10. The deadline for payment of the prescribed Civil Penalty and for filing an Answer disputing the alleged violation and requesting a hearing; and 7. Information on how the Responsible Party may either file an Answer disputing the alleged violation and request a hearing or pay the prescribed Civil Penalty. 5.04 Failure to file an Answer requesting a hearing within forty-five (45) days of the issuance of the Notice of Violation will waive the Responsible Party’s right to a hearing and the right to contest the violation itself, the type of Civil Penalty assessed, or the prescribed Civil Penalty amount. 5.05 Leasing or Renting: A Responsible Party that is engaged in the business of leasing or renting a motor vehicle(s) is liable for payment of the Civil Penalty, even if the registered owner was not driving the motor vehicle. In such cases, the registered owner of the vehicle may obtain payment from the lessor or renter of the motor vehicle and remit payment to the Department via phone, mail, or online. The registered owner of the vehicle’s inability to collect or delay in collecting payment from the lessor or renter will not be a defense to payment of the Civil Penalty by the Responsible Party within the deadline prescribed in the Notice of Violation. 6.00 Civil Penalty Assessment Notice 6.01 If the Department does not receive payment for the amount in the Notice of Violation or a written Answer requesting a hearing to dispute the alleged violation(s) by the deadline stated in the Notice of Violation, the Department or its Vendor shall issue a Civil Penalty Assessment Notice. 6.02 A Civil Penalty Assessment Notice shall be sent by mail to the Responsible Party by first-class mail, personal service, or by any mail delivery service offered by an entity other than the US postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, to the Responsible Party no later than thirty (30) days after the deadline to pay or Answer listed in the Notice of Violation. 6.03 The Civil Penalty Assessment Notice must contain:

11. The name and address of the Responsible Party involved in the alleged violation;

12. The license plate and issuing state of the motor vehicle involved in the alleged violation;

13. The date, time, and location of the alleged violation;

14. A description of the alleged violation.

15. The amount of the Civil Penalty prescribed for the alleged violation;

16. The deadline for payment of the prescribed Civil Penalty; and 7. Information on how to pay the prescribed Civil Penalty. 6.04 If the Responsible Party fails to pay in full the prescribed Civil Penalty by the deadline stated in the Civil Penalty Assessment Notice, a Final Order shall be entered against the Responsible Party. 7.00 Amount of Civil Penalties The following amount of Civil Penalty applies to each Violation Type: 7.01 Violations within the Warning Period: For the first thirty (30) days after AVIS is installed or deployed, only warnings may be issued for violations of a county or municipal traffic regulation or traffic violation under state law detected by AVIS. 7.02 School Zones: For vehicles traveling ten (10) miles per hour or more but less than twenty-five (25) miles per hour over the Reasonable and Prudent speed in an active school zone, all violations will be seventy-five (75) dollars. 7.03 Work Zones: For vehicles traveling ten (10) miles per hour or more but less than twenty-five (25) miles per hour over the Reasonable and Prudent speed, all violations in a Work Zone will be seventy-five (75) dollars. 7.04 Designated AVIS Corridors: For vehicles traveling ten (10) miles per hour or more but less than twenty-five (25) miles per hour over the Reasonable and Prudent speed in a Designated AVIS Corridor, all violations will be forty (40) dollars. 7.05 The Department reserves the right to provide information, upon request, to applicable law enforcement regarding any vehicles traveling twenty-five (25) miles per hour or more over the Reasonable and Prudent speed as captured by an AVIS. 8.00 Answering a Notice of Violation 8.01 The Responsible Party may submit a written Answer requesting a hearing within forty-five (45) days from issuance of the Notice of Violation. 8.02 An Answer may be submitted by filing out and submitting a form as designated by the Department. 8.03 The Answer form as designated by the Department will include a request for a hearing. 8.04 After an Answer is submitted, the Department may, at its discretion, review or cause a Vendor to review the Answer and may, in the Department’s sole discretion, dismiss some or all the alleged violations contained in the Notice of Violation being disputed. 8.05 If some or all the alleged violations are dismissed by the Department before a hearing, the dismissal must be communicated to the Responsible Party in writing via e-mail or mail to the Responsible Party in the same manner as the Notice of Violation. 8.06 If the Responsible Party submits a written Answer and the Department does not dismiss all alleged violations, an administrative hearing must be held pursuant to Rule 9.00. 8.07 Nothing in this rule shall limit the Responsible Party’s ability to admit liability and pay the alleged violations before the administrative hearing date. 9.00 Administrative Procedure The State Administrative Procedure Act shall apply to the administrative procedure under these rules. In the case of conflict, the requirements within these rules will apply. 9.01 Notice of Hearing 1. After a written Answer is submitted to the Department in the form and manner prescribed by the Department, the Department, or its Vendor, shall schedule or cause a Vendor to schedule an administrative hearing before a Hearing Officer.

17. The Department shall send or cause a Vendor to send a Notice of Hearing by mail to the Responsible Party by first-class mail, personal service, or by any mail delivery service offered by an entity other than the US postal service that is equivalent to or superior to first-class mail with respect to delivery speed, reliability, and price, to the Responsible Party at least thirty (30) days before the scheduled hearing. 9.02 Conduct of Hearing 1. A Hearing Officer will preside over the administrative hearing and shall have all powers under the State Administrative Procedure Act set forth in section 24-4-105, C.R.S., except that for the purposes of these Rules, the decision of the Hearing Officer shall be a Final Order and may not be appealed to the Department.

18. The burden of proof shall be by a preponderance of the evidence.

19. Regarding section 24-4-105(8), C.R.S., the Hearing Officer may take notice of the scientific principles underlying technology utilized by the Department or the Vendor on its behalf, to produce automatic vehicle identification imagery, the foundation of which may be presumed, subject to rebuttal by a preponderance of the evidence.

20. The Department shall provide the Responsible Party with all photographs, and other evidence that the Department intends to use to prove the alleged violation(s) at least fourteen (14) days before the administrative hearing. Such evidence will be sent via email or mail in the same manner as the Notice of Violation. 9.03 Continuances 1. The Responsible Party or their legal representative shall have the right to one (1) continuance.

21. A Hearing Officer may, in the Hearing Officer’s sole discretion, continue the administrative hearing to a later date. If the administrative hearing is continued, a new notice of hearing shall be issued in the same manner as the original notice of hearing for the continued hearing date. 9.04 Failure to Appear 1. If a Responsible Party has submitted an Answer and requested a hearing but fails to appear at the hearing as originally set or as continued by the Hearing Officer, upon satisfaction that notice of the hearing was given by the Department or a vendor on its behalf, to the Responsible Party, the Responsible Party will be deemed to have admitted liability and have waived the right to a hearing.

22. If the Responsible Party fails to appear, a Final Order may be entered against the Responsible Party. 9.05 Hearing Officer’s Final Order 1. The Hearing Officer shall review the evidence presented by the Department, or its representative, and the Responsible Party, if any, and make a finding as to whether the Responsible Party is liable for a Civil Penalty and render a decision in the form of a Hearing Officer’s Final Order.

23. In addition to the requirements set forth in Rule 9.06.01, to enter a Final Order in cases where the Responsible Party fails to file an Answer requesting a hearing, the Hearing Officer must find:

a. That the Notice of Violation was provided to the Responsible Party at the Responsible Party’s last known address based on the vehicle records of the Department of Revenue, Division of Motor Vehicles, address provided by the Responsible Party, or another source approved by the Department; and b. The Responsible Party was provided with notice of the opportunity to appear at a hearing but failed to file an Answer requesting a hearing. 9.06 Final Orders and Payment 1. The Final Order must include:

a. The name and address of the Responsible Party involved in the alleged violation;

b. The license plate number and issuing state of the motor vehicle involved in the alleged violation;

c. The date, time, and location of the alleged violation;

d. A finding of liable or not liable for each alleged violation detected by AVIS;

e. The amount of the Civil Penalty prescribed for the alleged violation;

f. The deadline for payment of the prescribed Civil Penalty; and g. Information on how to pay any Civil Penalty.

2. A decision by a Hearing Officer shall be final and will be binding upon the parties.

3. A Responsible Party shall pay the amount set forth in a Final Order within thirty (30) days of the effective date.

4. The Department reserves the right to resolve the amount owed in a Final Order(s), including by initiating debt settlement and/or payment plans consistent with Department policy. See Section 10.00 of these rules for “Collections.” 9.07 Appeal of Hearing Officer’s Final Order 1. The Hearing Officer’s Final Order is subject to judicial review and may be appealed as to matters of law and fact to the county court for the county in which the violation occurred pursuant to section § 42-4-110.5(2(a)), C.R.S.

5. The Responsible Party may assert in an appeal that a Notice of Violation served by firstclass mail or other mail delivery service was not actually delivered.

6. The appeal shall be de novo.

7. The Hearing Officer’s Final Order may be appealed within thirty-five (35) days of the effective date. 10.00 Collections 10.01 The Department may not initiate or pursue a collection action against a Responsible Party for a debt resulting from an unpaid Civil Penalty assessed pursuant to this section unless the Responsible Party is personally served the Notice of Violation or the Final Order. 10.02 After personally serving the Notice of Violation or the Final Order, the state may contract with an outside vendor to initiate or pursue a collection action against a Responsible Party for a debt resulting from an unpaid Civil Penalty. 10.03 The Department shall have every legal remedy available to enforce unpaid Civil Penalties as debts owed to the Department. 10.04 The Department or an outside vendor on its behalf may certify the record on appeal by filing a certified copy of the Final Order entered by the Hearing Officer with the clerk of the county court in the county in which the violation occurred at any time after the Final Order is entered. Nothing in this Rule shall require the Department to file such certified copy of the Final Order. 11.00 Local Agency AVIS Procedure and Approvals for Use of AVIS on State or US Highways 11.01 All AVIS Corridors or use of an AVIS on state or US highways must be approved by the appropriate Department Region Traffic Engineer, State Traffic Engineer, and a Colorado State Patrol representative.

8. The Department will develop and publish a local agency AVIS Corridor Procedure and make the procedure available to any local agencies and entities planning on implementing AVIS Corridors on any state or US highway.

9. Any local agency or entity planning on implementing an AVIS Corridor or AVIS on any state or US highway shall refer to and follow the most recently published version of the local agency AVIS Corridor Procedure and apply for approval of any AVIS corridors or use of AVIS on state or US highways.

10. Any local agency or entity planning on implementing an AVIS Corridor or AVIS on any state or US highway requiring any permanent signage or infrastructure, must apply to the appropriate Department region permit office for a special use permit. Local agencies or any entity may not implement an AVIS Corridor or install anything within the Department right of way until both the AVIS Corridor application and special use permit are approved.

11. Before the state designates an AVIS corridor on a state highway located within the boundaries of a county, a city and county, or a municipality, and before the state begins operation of an AVIS corridor on a state highway, the state shall coordinate with the respective county, city and county, or municipality. 11.02 Prioritization Criteria 1. If multiple entities seek authorization to use an AVIS or establish an AVIS Corridor on the same portion of a state highway, then the Department will utilize these prioritization criteria to determine which entity will receive authorization.

12. If multiple local agencies, local law enforcement agencies, the Department, or entities request a new AVIS in the same portion of state highway, the Department will give priority to the local agency, local law enforcement agency, or entity that has the primary responsibility, through jurisdiction or by agreement, for regulation and enforcement of traffic restrictions on the portion of a state highway on which an AVIS is to be used.

13. Local agencies, local law enforcement agencies, or entities that have the primary responsibility, through jurisdiction or by agreement, for regulation and enforcement of traffic restrictions on the portion of a state highway on which an AVIS is to be used will have priority before the Department for establishing AVIS and in school zone enforcement.

14. If the Department implements an AVIS Corridor or AVIS along any state or US highway, the Department will notify the local agency, law enforcement, or entity with primary responsibility for regulation and enforcement of traffic restrictions that the state will be using an AVIS within its jurisdiction. The Department will make available the administrative and enforcement process that the Department will use to administer and resolve a traffic violation detected using an AVIS. The Department will coordinate with the local agency, law enforcement, or entity at least thirty (30) days before the Warning Period begins.

15. The Department reserves the right to request a reapplication for any local agency, law enforcement agency, or entity that ceases operation or does not follow the requirements in 42-4-110.5, C.R.S for more than ninety (90) days. 11.03 The entity that operates AVIS on a state highway is responsible for the cost of the installation, operation, maintenance, and removal of the AVIS and all related signage. 12.00 Declaratory Orders Any person may petition the Executive Director for a declaratory order pursuant to § 24- 4-105(11) C.R.S. _________________________________________________________________________ Editor’s Notes

History New rule emer. rule eff. 07/25/2025.

New rule eff. 09/14/2025.

602 Division of Highway Safety

2 CCR 602-1 LAW ENFORCEMENT ASSISTANCE FUND RULES (Recodified as 2 CCR 601-21) {#sec-2-ccr-602-1 omnilex-key=us-co-regs-official--department-21--2 CCR 602-1}

DEPARTMENT OF TRANSPORTATION

Division of Highway Safety LAW ENFORCEMENT ASSISTANCE FUND RULES (Recodified as 2 CCR 601-21)

2 CCR 602-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Editor's Notes

History Entire rule recodified as 2 CCR 601-21 eff. 04/14/2012.

2 CCR 602-2 AUTHORIZED SERVICE VEHICLES ON PUBLIC STREETS AND HIGHWAYS (PURSUANT TO H.B. 1039, S.L. 1977 AND EMBODYING OTHER APPLICABLE STATUTORY PROVISIONS) (Recodified as 2 CCR 601-20) {#sec-2-ccr-602-2 omnilex-key=us-co-regs-official--department-21--2 CCR 602-2}

DEPARTMENT OF TRANSPORTATION

Division of Highway Safety AUTHORIZED SERVICE VEHICLES ON PUBLIC STREETS AND HIGHWAYS (PURSUANT TO H.B. 1039, S.L. 1977 AND EMBODYING OTHER APPLICABLE STATUTORY PROVISIONS) - (Recodified as 2 CCR 601-20)

2 CCR 602-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ Editor’s Notes

History Entire rule recodified as 2 CCR 601-20 eff. 04/14/2012.

2 CCR 602-3 MOTORCYCLE OPERATOR SAFETY (MOST) PROGRAM (Recodified as 2 CCR 601- 23) {#sec-2-ccr-602-3 omnilex-key=us-co-regs-official--department-21--2 CCR 602-3}

DEPARTMENT OF TRANSPORTATION

Division of Highway Safety MOTORCYCLE OPERATOR SAFETY (MOST) PROGRAM - (Recodified as 2 CCR 601- 23)

2 CCR 602-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/30/2007.

Entire rule recodified as 2 CCR 601-23 eff. 03/17/2013.

2 CCR 602-4 IMPLEMENTATION OF THE SAFE ROUTES TO SCHOOLS PROGRAM (Recodified as 2 CCR 601-19) {#sec-2-ccr-602-4 omnilex-key=us-co-regs-official--department-21--2 CCR 602-4}

DEPARTMENT OF TRANSPORTATION

Division of Highway Safety IMPLEMENTATION OF THE SAFE ROUTES TO SCHOOLS PROGRAM - (Recodified as 2 CCR 601- 19)

2 CCR 602-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 10/30/2007.

Entire rule recodified as 2 CCR 601-19 eff. 06/30/2012.

603 Division of Transportation Development

2 CCR 603-1 IMPLEMENTATION OF THE SECTION 5311 PROGRAM OF THE FEDERAL TRANSIT LAWS, 49 U.S.C. SECTION 5300 ET SEQ. [Repealed eff. 06/14/2015] {#sec-2-ccr-603-1 omnilex-key=us-co-regs-official--department-21--2 CCR 603-1}

DEPARTMENT OF TRANSPORTATION

Division of Transportation Development IMPLEMENTATION OF THE SECTION 5311 PROGRAM OF THE FEDERAL TRANSIT LAWS, 49 U.S.C. SECTION 5300 ET SEQ. - Repealed eff. 06/14/2015 2 CCR 603-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 06/14/2015.

2 CCR 603-2 IMPLEMENTATION OF THE SECTION 5310 PROGRAM OF THE FEDERAL TRANSIT LAWS, 49 U.S.C. SECTION 5300 ET SEQ. [Repealed eff. 06/14/2015] {#sec-2-ccr-603-2 omnilex-key=us-co-regs-official--department-21--2 CCR 603-2}

DEPARTMENT OF TRANSPORTATION

Division of Transportation Development IMPLEMENTATION OF THE SECTION 5310 PROGRAM OF THE FEDERAL TRANSIT LAWS, 49 U.S.C. SECTION 5300 ET SEQ. - Repealed eff. 06/14/2015 2 CCR 603-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 06/14/2015.

2 CCR 603-3 IMPLEMENTATION OF THE SECTION 5313 (B) PROGRAM OF THE FEDERAL LAWS, 49 U.S.C. SECTION 5300 ET SEQ. [Repealed eff. 06/14/2015] {#sec-2-ccr-603-3 omnilex-key=us-co-regs-official--department-21--2 CCR 603-3}

DEPARTMENT OF TRANSPORTATION

Division of Transportation Development IMPLEMENTATION OF THE SECTION 5313 (b) PROGRAM OF THE FEDERAL LAWS, 49 U.S.C.

SECTION 5300 ET SEQ. - Repealed eff. 06/14/2015 2 CCR 603-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 06/14/2015.

2 CCR 603-4 DESIGNATED ROUTES FOR THE TRANSPORTATION OF NUCLEAR MATERIALS [Repealed eff. 10/31/2007] {#sec-2-ccr-603-4 omnilex-key=us-co-regs-official--department-21--2 CCR 603-4}

DEPARTMENT OF TRANSPORTATION

Division of Transportation Development DESIGNATED ROUTES FOR THE TRANSPORTATION OF NUCLEAR MATERIALS - Repealed eff. 10/31/2007 2 CCR 603-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History

605 Transportation Commission (604, 605 Series)

2 CCR 604-1 Emerging Small Business Program {#sec-2-ccr-604-1 omnilex-key=us-co-regs-official--department-21--2 CCR 604-1}

DEPARTMENT OF TRANSPORTATION

EMERGING SMALL BUSINESS PROGRAM

2 CCR 604-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Chapter 1: General Provisions 1.1. Statutory Authority The statutory authority for the Transportation Commission of Colorado (the Transportation Commission) to adopt rules governing the Colorado Department of Transportation’s Emerging Small Business Program is found at §§ 43-1-106(8)(j), (k) and (p), C.R.S. as amended. 1.2. Purpose The general purpose of these Rules is to implement § 43-1-106 (8)(p), C.R.S., which authorizes the creation of the Colorado Department of Transportation’s (CDOT) Emerging Small Business (ESB) Program. CDOT will use the ESB Program to provide assistance to and increase opportunities for certified small Businesses, including minority-owned, women-owned, and Disadvantaged Business Enterprises. The assistance and opportunities provided by the ESB Program will aim to enable ESBs to gain the knowledge, experience, and resources needed to participate in the competitive process for CDOT Contracts, thereby aiding in the development of Colorado’s small business community, increasing competition for CDOT Contract awards, and lowering the cost to the public for transportation-related work. 1.3. Applicability These Rules govern the development and administration of the ESB Program. In the case of a Contract for which a part of the Contract price is to be paid with funds from the United States Government and for which the United States Government’s terms or conditions are inconsistent with any provisions of these Rules, the provisions of these Rules will not apply to such Contract to the extent of such inconsistency.

Chapter 2: Definitions The following definitions will apply to terms used in these Rules. 2.1. Affiliate: Businesses are affiliates of each other if:

A. Directly or indirectly, either one controls or has the power to control the other, B. A third party controls or has the power to control both, or C. Relationships or identity of interests between or among parties exist such that affiliation may be found by a reasonable person.

Indicia of control include but are not limited to: interlocking management or ownership, identity of interests among family members, shared facilities and equipment, and/or common use of employees. 2.2. Annual Update: Annual evaluation of an ESB’s continued eligibility for Certification. For ESBs that are concurrently certified in the Disadvantaged Business Enterprise (DBE) and ESB Programs, CDOT may synchronize the deadline for updating both certifications based on a mutually agreed upon date. 2.3. Applicant: A Business that is applying for Certification as an ESB. 2.4. Bid: The offer of a Contractor, on the prescribed bid proposal form, to perform the work and to furnish the labor and materials in conformance with the invitation for bids. 2.5. Business: A sole proprietorship, partnership, corporation, limited liability company, professional association or any other legal entity authorized by law and operating for profit, that is licensed and/or registered and otherwise authorized to operate in the state of Colorado. 2.6. Certification: A determination by CDOT that a Business is eligible to participate in the ESB Program as an ESB, subject to continued compliance with these Rules and any other supplemental policies or procedures related to the ESB Program. While certain courses or licenses may be required for Certification, Certification neither represents nor implies that a business or individual is qualified to perform on a Contract. 2.7. Certification Year: The annual period when an ESB’s Certification is valid. The annual period begins on the date of an ESB’s initial Certification or when the ESB’s Annual Update is processed and approved, whichever is most recent. The annual period ends on the following calendar year and on the last day of the month when the initial Certification or Annual Update went into effect, whichever is most recent. For example, if an ESB is certified on August 15, 2020, that ESB’s Certification Year begins on August 15, 2020, and ends on August 31, 2021. For ESBs that are concurrently certified as DBEs by CDOT, this period may be shortened or extended in a given year following a mutual agreement between CDOT and the ESB to synchronize the end of its Certification Year with the deadline to update its DBE certification. 2.8. Construction: Building, altering, repairing, improving, or demolishing work as described in a CDOT project. This term includes "capital construction" and "controlled maintenance" as defined pursuant to § 24-30-1301, C.R.S. 2.9. Contract: A written agreement with CDOT for the performance of Professional Services, Practice of Research, or Construction work. 2.10. Contractor: A Business qualified to perform and contracting with or intending to Contract with CDOT to perform Professional Services, Practice of Research, or Construction work. 2.11. Controlling Interest: Ownership of fifty-one percent (51%) or more of the Business by one (1) person, or ownership of the largest single portion of the Business by one (1) person if no one (1) person holds fifty-one percent (51%) or more. 2.12. C.F.R.: United States Code of Federal Regulations. 2.13. C.R.S.: Colorado Revised Statutes, as amended. 2.14. Disadvantaged Business Enterprise (DBE): A Business that is certified by the Colorado Unified Certification Program as meeting the certification requirements of the DBE Program. 2.15. Disadvantaged Business Enterprise Program (DBE Program): A federal United States Department of Transportation program governed by Title 49, Part 26 of the C.F.R. 2.16. Emerging Small Business (ESB): A Business certified by CDOT to participate in the ESB Program. 2.17. Emerging Small Business Program (ESB Program): The program pursuant to § 43-1-106(8)(p), C.R.S. and further set forth in these Rules, which is intended to provide assistance to and increase opportunities for ESBs. 2.18. NAICS Code: The six-digit classification code and industry description (e.g., Corresponding Index Entry) under the North American Industry Classification System (NAICS). 2.19. Overall Cap: The overall size limit for participation in the ESB Program will be equal to the United States Department of Transportation Disadvantaged Business Enterprise (DBE) Program size limit which can be found at 49 C.F.R. 26.65(b). 2.20. Practice of Research: The performance of services involving the design, data collection and data analysis of studies such as evaluation studies, usage studies, feasibility studies, environmental impact studies, polling studies and other such studies performed by a person qualified by education or training or actual performance in the field but does not include "Professional Services". 2.21. Preponderance of the Evidence: Proof by information that, compared with the opposing proof, leads to the conclusion that the fact at issue is more probably true than not. 2.22. Principal: A sole proprietor, general partner, limited partner, director, or officer of the Business. 2.23. Professional Services: Those services defined in § 24-30-1402(6), C.R.S., including: 1) the practice of architecture, 2) the practice of engineering, 3) the practice of professional land surveying, 4) the practice of landscape architecture, and 5) the practice of industrial hygiene. 2.24. Program Benefits: The benefits of the ESB Program as prescribed in Chapter 4 of these Rules. 2.25 Receipts: All revenue of the Business as defined by the DBE Program under 49 C.F.R. § 26.65.

Chapter 3: Certification 3.1. Certification Procedures A. Certification and Annual Update of Certification. CDOT will establish reasonable procedures and methods for the Certification and Annual Update of Certification of Businesses in order to effectuate the purposes of these Rules.

B. Application. At a minimum, all Applicants will be required to complete the prescribed CDOT application to be considered for Certification. The application will include questions regarding ethnicity and gender for the purpose of reporting the diversity of race-neutral participation in the ESB Program and on CDOT Contracts. CDOT may investigate the information provided in the application through reasonable means, including, but not limited to interviews and on-site investigations.

C. Requests for Information. The Applicant must respond to all written requests for information within fifteen (15) calendar days of such request being made by CDOT, unless additional time is requested and granted in writing. If the Applicant does not respond within the prescribed timeframe to CDOT’s requests for information, CDOT may, at its sole discretion, make a determination based upon the information provided or deem the application incomplete. Incomplete applications are administratively closed.

Applicants whose applications are administratively closed may reapply for Certification at any time by submitting a new application.

D. Notice of Determination. CDOT will issue a written Certification decision within ninety (90) calendar days of receipt of a complete application. CDOT may extend this time period once, for no more than an additional sixty (60) calendar days, upon written notice to the Applicant explaining the reasons for the extension. In the event that an Applicant is denied Certification, CDOT’s written Certification decision must explain the reasons for the denial.

E. Appeal. Any Applicant that is denied Certification may appeal such denial pursuant to §§ 24-4-104 and 105, C.R.S.

F. Reapplication. Any Applicant that is denied Certification must wait at least one (1) year from the date of denial in order to reapply for Certification. This waiting period will not apply to Applicants that were denied Certification based on a size limit under paragraph (E) of Rule 3.2. that is no longer applicable (e.g., following a change in the U.S. Small Business Administration size standards). 3.2. Minimum Certification Requirements A. Burden of Proof. The Applicant has the burden of demonstrating, by a Preponderance of the Evidence, proof that it meets the Certification criteria, as determined by CDOT.

B. Registration. Applicants must be in good standing with the Colorado Secretary of State to transact business or conduct its activities within the state of Colorado as applicable.

CDOT may require all Applicants to register and maintain registration in an information database.

C. Independence. The Applicant must be an independent Business. To be independent, the Business must demonstrate that its viability does not depend upon a relationship with another Business or Businesses. In determining whether a Business is independent, CDOT may consider, but is not limited to, evaluating the quality and consistency of relationships with other Businesses and individuals in comparison to normal industry practices.

D. Qualifying Area of Business. The Applicant must be able to participate in the performance of Professional Services, Practice of Research, or Construction work on CDOT’s transportation Contracts, including Contracts for aeronautic, transit and highway transportation.

1. Primary Industry Determination. All Applicants and ESBs will be assigned a primary industry using a NAICS Code. The NAICS Code will describe the primary services and/or goods provided by the Applicant or ESB as determined by CDOT. The primary industry determination will be based on a number of factors, including but not limited to, the ESB’s revenue, equipment, expertise, marketing materials, and the amount of time and labor dedicated to a specific area of work as compared to other services being offered by the ESB. The primary industry determination will be the basis for categorizing the ESB as a Construction, Professional Services, or Practice of Research firm. The ESB’s designation as a Construction, Professional Services, or Practice of Research firm will be listed on CDOT’s ESB directory.

2. Size Limit. The primary industry determination will be the basis for evaluating the Applicant’s or ESB’s ability to meet the ESB Program’s size limit as described in paragraph (E) of this Rule.

3. Notice. The Applicant or ESB must be notified in writing by CDOT of its primary industry determination at the time of initial Certification and with each Annual Update of the ESB’s Certification. The ESB’s designated primary industry at the time of initial Certification will remain in effect for the duration of the ESB’s participation in the ESB Program except as provided in subparagraphs (4) and (5) of paragraph (D) of this Rule.

4. Reevaluation. The Applicant or ESB may make a written request that CDOT reevaluate its primary industry determination at any time but may not make more than one (1) request in a given Certification Year. The reevaluation request must include all supporting information the Applicant or ESB would like for CDOT to consider as part of its request. CDOT may request additional information from the Applicant or ESB as part of its reevaluation. CDOT will notify the Applicant or ESB in writing of its determination within thirty (30) calendar days of the reevaluation request. If the request is denied, CDOT’s written notice must explain the reasons for the denial. If approved, the new primary industry designation will remain in effect and not be modified except as provided in this subparagraph or subparagraph (5) of paragraph (D) of this Rule.

5. Appeal. The Applicant may appeal a primary industry determination or the denial of a reevaluation request pursuant to §§ 24-4-104 and 105, C.R.S.

E. Size Limit. The average annual Receipts of the Applicant or ESB for the preceding three (3) years, combined with the average annual Receipts of all Affiliates for the preceding three (3) years, will not exceed the current Overall Cap. The Applicant or ESB must also be a small Business for its primary industry as determined by the U.S. Small Business Administration pursuant to 13 C.F.R. § 121.201.

1. Levels. Certified ESBs will be divided into three categories: Level 1, Level 2, and Small Business Enterprise (SBE).

a. Level 1. Professional Services and Practice of Research ESBs whose average annual Receipts, as defined under 13 C.F.R. 121.104(c), do not exceed one million dollars ($1,000,000) will be designated as a Level 1 ESB. Construction ESBs whose average annual Receipts, as defined under 13 C.F.R. 121.104(c), do not exceed three million dollars ($3,000,000) will be designated as a Level 1 ESB.

b. Level 2. ESBs whose average annual Receipts, as defined under 13 C.F.R. 121.104(c), surpass the Level 1 thresholds set forth in subparagraph (1)(a) of paragraph (E) of this Rule but do not exceed fifty percent (50%) of the small business size standard set by the U.S. Small Business Administration under 13 C.F.R. 121.201 for its primary industry will be designated as a Level 2 ESB. ESBs with primary industries that have a U.S. Small Business Administration small business size standard based on the number of employees pursuant to 13 C.F.R. 121.201 will be designated as a Level 2 ESB if its average annual Receipts, as defined under 13 C.F.R. 121.104(c), surpass the Level 1 thresholds set forth in subparagraph (1)(a) of paragraph (E) of this Rule but do not exceed fifty percent (50%) of the Overall Cap.

c. Small Business Enterprise (SBE). ESBs that exceed the Level 1 threshold under subparagraph (1)(a) of paragraph (E) of this Rule and Level 2 threshold under subparagraph (1)(b) of paragraph (E) of this

Rule will be designated as a SBE provided that its average annual Receipts, as defined under 13 C.F.R. 121.104(c), does not exceed the small business size standard established by the U.S. Small Business Administration for its primary industry under 13 C.F.R. 121.201 and the Overall Cap. ESBs with primary industries that have a U.S. Small Business Administration small business size standard based on the number of employees pursuant to 13 C.F.R. 121.201 will be designated as a SBE if its average annual Receipts, as defined under 13 C.F.R. 121.104(c), surpass fifty percent (50%) of the Overall Cap but do not exceed the Overall Cap.

2. Notice. CDOT must notify all Applicants or ESBs of its Level in writing at the time of Certification and with each Annual Update of the ESB’s Certification. 3.. The assigned ESB Level will be listed on CDOT’s ESB directory.

F. Training and Development. CDOT may establish minimum training and business development criteria for Certification and Annual Update of Certification, including but not limited to CDOT-facilitated courses, financial or business courses, milestones demonstrating business development and management, and/or or any other requirement related to the ability to successfully perform on CDOT Contracts. All training and development requirements will be detailed in the Certification application.

G. Debarment and Conviction. The Applicant or ESB or any Principal thereof must not have been debarred or convicted of bid-related crimes or violations within the past six (6) years in any state or federal jurisdiction or be under notice of intent to debar in any jurisdiction.

H. Truth and Honesty. The Applicant or ESB or any Principal thereof must not have provided false, deceptive, or fraudulent statements in the application for ESB Certification or in any other information, statements, or documents submitted to CDOT.

I. Cooperation and Complete Disclosure. The Applicants must respond timely to and fully comply with all requests for information that are made by CDOT regarding participation and/or Certification in the ESB Program. If the Business fails to cooperate or to fully disclose any information relevant to participation in the ESB Program, CDOT will have the right to deny or revoke the Certification.

J. Additional Information. In addition to the minimum eligibility requirements listed above, CDOT may request additional information for Certification in accordance with these Rules. 3.3. Annual Update of ESB Certification A. Each ESB must annually update its ESB Certification with CDOT by submitting an affidavit sworn to by the ESB’s owners before a person who is authorized by state law to administer oaths or an unsworn declaration executed under penalty of perjury of the laws of Colorado prior to the end of the ESB’s Certification Year. This affidavit must affirm that there have been no changes in the ESB’s circumstances affecting its continued ability to meet the eligibility requirements of the ESB Program.

B. Responsibility of ESB. The ESB is responsible for submitting Annual Update information to CDOT before the end of its Certification Year. CDOT will send a notice regarding the Annual Update approximately forty-five (45) calendar days in advance, but it is the ESB’s responsibility to ensure that all materials are submitted before the end of the Certification Year. If the ESB does not timely submit its Annual Update information, CDOT will initiate revocation procedures in accordance with paragraph (B) of Rule 3.4.

C. Additional Investigation. If CDOT has reason to believe that an ESB may no longer be eligible for Certification or that a substantial change has occurred in the ownership or operation of the Business, it may further investigate the circumstances of the ESB and its owners.

D. Extensions. At its discretion, CDOT may provide an extension to the ESB for submitting Annual Update information of no more than one (1) month past the end of the Certification Year. Such extension is only valid if requested by the ESB and confirmed by CDOT in writing. A request for an extension will only be granted when the ESB has demonstrated extenuating circumstances requiring an extension.

E. ESBs must inform CDOT in writing of any change in circumstances affecting its ability to meet the eligibility requirements of these Rules or any material change in the information provided in its application form. ESBs must include supporting documentation demonstrating or describing in detail the nature of such changes. The written notification must be provided to CDOT within thirty (30) calendar days of the occurrence of the change. Failure to make a timely notification of such change may be grounds for revocation in accordance with paragraph (B) of Rule 3.4. 3.4. Graduation and Revocation of ESB Certification A. Graduation. An ESB will be deemed to have graduated from the ESB Program if the average annual Receipts of the ESB (including its Affiliates), as defined under 13 C.F.R. 121.104(c), exceeds the small business size standard established by the U.S. Small Business Administration for its primary industry or if the ESB’s average annual gross receipts, as defined under 13 C.F.R. 121.104(a), for the three (3) most recent fiscal years exceeds the Overall Cap.

1. Timing. Graduation will only occur upon the Annual Update of Certification.

2. Notice. CDOT will provide the ESB with written notice that the ESB has graduated from the ESB Program and state the reasons why CDOT believes the ESB is no longer eligible for the ESB Program. 3.. Effect on Participation. Graduation will not affect the ESB’s status for Contracts that were bid for or awarded prior to the ESB’s graduation from the ESB Program. Upon graduation, the Business will be removed from the ESB Program and ESB directory.

B. Revocation.

1. Reasons for Revocation. CDOT may revoke the Certification of an ESB if:

a. The ESB fails to comply with the procedures for Annual Update of Certification or any other requirements for continued ESB Program participation;

b. The ESB continuously fails to cooperate with CDOT;

c. The ESB or any Principal thereof is reasonably believed to have made false, deceptive, or fraudulent statements on its application for Certification, in the course of any determination or hearing associated with Certification, or in any documents or any other information submitted to CDOT;

d. The Business or any Principal thereof commits any action or omission which evidences a lack of integrity or honesty in performing public projects; or e. CDOT has reasonable grounds to believe that the public health, welfare, or safety imperatively requires immediate suspension of Certification.

2. Notice. Revocation may occur at any time. Except as provided in subparagraph (3) of paragraph (B) of this Rule, CDOT must provide written notice to the ESB that CDOT is revoking the Business from the ESB Program and state the reasons why CDOT believes the Business is no longer eligible for the ESB Program.

3. Effect on Participation. Revocation will not affect the ESB’s status for Contracts that were bid for or awarded prior to the ESB’s revocation from the ESB Program. Upon revocation, the Business will be removed from the ESB Program and ESB directory.

C. Reapplication. If its previous ESB Certification is revoked, the Business must wait a period of twelve (12) months from the date of revocation before reapplying for certification. If an ESB graduates from the ESB Program, neither the Business, nor any Affiliate thereof, will be eligible for recertification.

D. Appeals. The procedures contained in §§ 24-4-104 and 24-4-105, C.R.S. will apply to any graduation from or revocation of ESB Certification.

Chapter 4: Program Benefits 4.1. Objectives and Priorities The programs and incentives set forth in this Rule aim to assist ESBs in competing for CDOT’s prime and subcontracting opportunities. CDOT may design and limit certain ESB Program Benefits for the benefit of only ESBs in Level 1, Level 2, or SBE or any combinations of the levels to ensure the following objectives and priorities are achieved:

A. Increase ESB prime contracting opportunities;

B. Promote and assist smaller ESBs;

C. Promote and assist ESBs that have no or little previous CDOT experience;

D. Increase diversity in the work areas performed by DBEs and ESBs; and E. Incentivize ESBs to grow in subcontracting areas needing participation. 4.2. Limitations The ESB Program Benefits will only be enacted to the extent allowed by all applicable federal and state laws, rules, and regulations. 4.3. Development Assistance Tools A. Technical Assistance. Based upon CDOT’s evaluation of an ESB and its business needs, CDOT may, alone or in collaboration with other organizations, provide individualized technical assistance to an ESB including, but not limited to, the following areas:

Construction management; time management and project work scheduling; project financing requirements, including insurance; personnel management; bidding, estimating, job costing, and contract administration procedures; evaluation and use of project plans;

CDOT contracting procedures and specifications; marketing; and Construction, Professional Services, and Practice of Research techniques and industry standards.

CDOT may also authorize technical assistance in other areas if it is determined that such assistance reasonably relates to the development of a Business in accordance with the

purpose of these Rules.

B. Additional Training and Resources. CDOT, alone or in collaboration with other organizations, may also provide additional training and business development resources for ESBs. Such training and resources may include, but not be limited to, CDOT administered courses, mentor-protégé programs, online bidding access, and financial assistance to participate in industry activities and business development courses.

C. Discretionary Distribution of Assistance. CDOT will have discretion to determine which ESBs will receive the development assistance tools. Among other criteria, CDOT may consider the availability of funds, potential and need of the ESB, areas of need by CDOT, applicability of assistance to CDOT Contracts, past performance and assistance, and availability of resources from CDOT or other organizations to meet the needs of the ESB.

D. Cooperation. At any time, CDOT may modify or terminate technical assistance to an ESB. 4.4. Means to Increase Contracting Opportunities CDOT will utilize a variety of incentives as set forth in this Rule to increase prime and subcontracting opportunities for ESBs. However, CDOT may, at its sole discretion, design, and limit certain incentives for the benefit of only ESBs in Level I, Level 2, or SBE or any combinations of the levels as set forth in paragraph (E) of Rule 3.2.

A. Incentives. CDOT may provide the following incentives to prime Contractors that are ESBs, commit to or demonstrate use of other ESBs as subcontractors, or agree to assist in the professional development of other ESBs:

1. Evaluation points in point-based selection;

2. Bid preference in competitive price selection;

3. Financial incentives in cost-based selection;

4. Mentor-protégé programs;

5. Bond Assistance Program; and 6. Other innovative incentives provided such incentives further the purpose of the ESB Program.

B. Participation as a Condition of Contract. CDOT may make attainment of a certain level of ESB participation, or good faith effort to achieve such participation, a condition of Contract award. The procedures for evaluating such participation and good faith efforts will be set forth in the advertisement for the Contract.

C. Restricted Contracts. CDOT may restrict the award of Contracts to ESB Contractors, joint ventures of which ESBs are a participant, and participants in CDOT’s mentor-protégé program. CDOT may evaluate the need for restricted Contracts upon review and calculation of the DBE Overall Goal. At such time, CDOT will establish objectives for restricted projects for the corresponding period.

D. Restricted Contract Items. CDOT may identify items within a Contract that will be completed only by ESBs.

E. Increase Smaller Projects. CDOT may increase the number of smaller-sized transportation Contracts in order to increase the opportunities for ESBs to participate on such projects as prime Contractors. At a minimum, CDOT will not unnecessarily or unjustifiably bundle CDOT work and will take all reasonable steps to facilitate competition by small Businesses on Contracts. CDOT will evaluate its ability to unbundle projects upon review and calculation of the DBE Overall Goal. At such time, CDOT will establish objectives for unbundling projects for the corresponding period.

F. Advertisement. For each Contract, the applicable incentives will be detailed in the request for proposals, bidding advertisement, or other applicable advertising documents published by CDOT. 4.5. Prompt Payment A. State Law. Pursuant to § 24-91-103, C.R.S., every prime Contractor must pay the subcontractor within seven (7) calendar days of receipt of the payment from CDOT, or within any shorter time provided in the Contract between the prime Contractor and CDOT.

B. ESB Program Requirements. In addition, CDOT may develop additional prompt payment requirements for projects involving ESB prime Contractors and ESB subcontractors on CDOT projects.

Chapter 5: Program Administration 5.1. Enforcement A. Burden. Any Business that participates in or utilizes the benefits of the ESB Program will have the burden of proving its compliance with the requirements of these Rules.

B. Monitoring and Investigations. CDOT will monitor all Businesses that utilize the benefits of the ESB Program in order to assure compliance with these Rules. CDOT may also receive and investigate complaints and allegations and initiate its own investigations regarding compliance.

C. Contract Provisions. CDOT will develop compliance requirements and Contract provisions related to the utilization of the ESB Program Benefits. On any Contract for which a Business has received or is to receive ESB Program Benefits the failure to meet the obligations of the Contract with respect to ESB participation or assistance will constitute a material breach of Contract. Additionally, if a Business is found to be in violation of the provisions of the Contract, CDOT may exercise any or all of its rights, including but not limited to withholding funds from the Contractor. 5.2. Directory All ESBs will be listed in an ESB directory that will be available to the public. A listing on the ESB directory serves to confirm the current, certified status of an ESB. A Business is not a certified ESB until or unless it is listed on the ESB directory. An ESB’s listing on the ESB Directory will include the Business name, any applicable trade name, email address, phone number, physical address, qualifying area of business, primary industry, and the ESB level as designated by CDOT as set forth in Rule 3.2. The Program Benefits and incentives available to an ESB will be limited to those associated with the ESB level on its directory listing. 5.3. Outreach CDOT, at its sole discretion, may send communications to ESBs regarding program changes, support services, project opportunities, and other information related to ESB Program participation. 5.4. Reporting At a minimum, on an annual basis, CDOT will report the progress of the ESB Program to the Transportation Commission. If necessary, the Transportation Commission may request additional periodic reports regarding the progress of and participation in the ESB Program. 5.5. Program Evaluation CDOT may utilize various methods to obtain feedback, evaluation, and advice concerning the operation and content of the ESB Program. These methods may include forums, surveys, and annual meetings to assess the effectiveness of the program and make recommendations for improving the program.

Chapter 6: Miscellaneous 6.1. If any provision of these Rules or their application is held invalid or unenforceable, such invalidity or unenforceability will not affect other provisions or applications of these Rules which can be given effect without the invalid provisions or application. The remaining provisions are to remain in full force and effect.

Chapter 7: Incorporation by Reference 7.1. The Rules are intended to be consistent with and not be a replacement for the federal requirements set forth in 13 C.F.R. Part 121, in effect as of February 10, 2020, and 49 C.F.R.

Part 26, in effect as of January 13, 2021, which are hereby incorporated into these Rules by reference, and do not include any later amendments. Also incorporated by reference is the 2017 NAICS Code adopted on August 08, 2016, and effective on January 1, 2017, and does not include any later amendments. 7.2. All referenced regulations and the NAICS Code are available for copying for a reasonable charge or for public inspection during regular business hours from the Office of Policy and Government Relations, Colorado Department of Transportation, 2829 W. Howard Pl., Denver, Colorado 80204. 7.3. Copies of the referenced Code of Federal Regulations and the NAICS Code may be obtained from the following addresses:

U.S. Government Publishing Office 732 North Capitol Street, N.W.

Washington, DC 20401 (202) 512-1800 Available online at: https://www.ecfr.gov/cgi-bin/ECFR U.S. Census Bureau North American Industry Classification System (NAICS)

(888) 756-2427 naics@census.gov Available online at: https://www.census.gov/naics/

Chapter 8: Declaratory Orders 8.1. The Transportation Commission may entertain, at its sole discretion, petitions for declaratory orders pursuant to § 24-4-105(11), C.R.S. relating to the ESB Program. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 09/01/2011.

Entire rule eff. 07/15/2021.

2 CCR 604-2 STATEWIDE TRANSPORTATION PLANNING PROCESS AND TRANSPORTATION PLANNING REGIONS (Recodified as 2 CCR 601-22) {#sec-2-ccr-604-2 omnilex-key=us-co-regs-official--department-21--2 CCR 604-2}

DEPARTMENT OF TRANSPORTATION

Transportation Commission STATEWIDE TRANSPORTATION PLANNING PROCESS AND TRANSPORTATION PLANNING REGIONS (Recodified as 2 CCR 601-22)

2 CCR 604-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule recodified as 2 CCR 601-22 eff. 12/15/2012.

2 CCR 605-1 Rules and Regulations by the Colorado Department of Transportation for the Colorado State Infrastructure Bank {#sec-2-ccr-605-1 omnilex-key=us-co-regs-official--department-21--2 CCR 605-1}

DEPARTMENT OF TRANSPORTATION

RULES AND REGULATIONS BY THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE

COLORADO STATE INFRASTRUCTURE BANK

2 CCR 605-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Chapter 1: General Provisions 1.1 Statutory Authority The statutory authority for the Transportation Commission of Colorado (Commission) to adopt these rules is found in section 43-1-113.5(3), C.R.S. 1.2 Purpose The purpose of these rules is to define eligibility requirements, prescribe the application and selection processes, and to detail certain terms for securing Financial Assistance, for public Transportation Projects within the State, from the CO SIB. 1.3 Applicability These rules shall be applicable to any public or private Project Sponsor of public Transportation Projects within the State.

Chapter 2: Definitions The following definitions shall apply to terms used in the Rules. 2.1 “CAB” means the Colorado Aeronautical Board, a statutorily created board appointed by the Governor and approved by the Senate. 2.2 “CO SIB” means the Colorado State Infrastructure Bank. 2.3 “Commission” means the transportation commission of Colorado – the State’s transportation decision-making body. 2.4 “Default” means the condition of a loan where the recipient has failed to meet a contractual obligation and failed to cure within thirty (30) days, including but not limited to: failure to make the loan payment; failure to use loan proceeds for stated purpose; failure to submit progress reports. 2.5 “Department” means the Colorado Department of Transportation. 2.6 “Federal-aid program” means any funds authorized by the United States Congress to assist states in providing for transportation. 2.7 “Financial Assistance” means a loan or any credit assistance that the COSIB is authorized to offer. 2.8 “Interest Rate” means the semi-annual interest rate approved by the Commission. 2.9 “OFMB” means the Colorado Department of Transportation’s Office of Financial Management and Budget. 2.10 “Political Subdivision” means a county, municipality, Service Authority, or special district authorized to enter into intergovernmental agreements pursuant to § 29-1-203(2), C.R.S. 2.11 “Project Sponsor” means the entity or organization that is requesting Financial Assistance. 2.12 “Public-Private Initiative” means a nontraditional arrangement between the Department and one or more private or public entities as defined in §43-1-1201(3), C.R.S. 2.13 “Review Committee” or “Committee” means the SIB loan review committee as described in Rule 4.4.1) herein. 2.14 “State” means the state of Colorado. 2.15 “State Agency” means every entity in the executive branch of the State’s government including boards, commissions, departments, divisions, and offices. 2.16 “TIP/STIP” means the metropolitan planning organization’s multiyear Transportation Improvement Program/Statewide Transportation Improvement Program. 2.17 “Transportation Project” means the planned undertaking of an endeavor for the purpose of conveying passengers or goods.

Chapter 3: Eligibility Requirements for Financial Assistance 3.1 Eligible Project Sponsors Entities eligible to receive Financial Assistance from the CO SIB shall include public entities such as Political Subdivisions and State Agencies. Also, private companies and non-profit organizations shall be eligible either with a local government partner, or under the authority of a Public-Private Initiative. 3.2 Eligible projects 3.2.1 Only qualified projects shall be eligible for Financial Assistance. Qualified projects shall include any Commission-authorized project, right-of-way acquisition, federal-aid project, maintenance project, or safety project. 3.2.2 Commission-authorized projects – Any public or private Transportation Project as authorized by the Commission including, but not limited to planning, environmental impact studies, feasibility studies, engineering, construction, reconstruction, resurfacing, restoring, rehabilitation, or replacement of a public or private transportation facility within the State. 3.2.3 Right-of-way acquisitions – The acquisition of real or personal property, or interests therein, for a public or private transportation facility within the State. 3.2.4 Federal projects – Any highway, transit, aviation, rail, or other Transportation Project within the State that is eligible for financing or Financial Assistance under State or federal law. 3.2.5 Maintenance projects – The maintenance, repair, improvement, or construction of any public or private highway, road, street, parkway, transit, aviation, or rail project within the State. 3.2.6 Safety Projects – The acquisition, improvement, or construction of rights-of-way, bridges, tunnels, railroad-highway crossings, drainage structures, signs, guardrails, or protective structures within this State. 3.3 Ineligible Projects Qualified projects shall not include transportation facilities and other Transportation Projects that are restricted to private use.

Chapter 4: Disbursement of Moneys 4.1 Application process 4.1.1 All applications shall be submitted to the Department. The application shall be completed as described in the application package. If the application received by the Department is incomplete, it shall be rejected and not considered for Financial Assistance until completed. 4.1.2 Application package – The application package shall contain instructions and guidelines for completing the application and such package shall be available upon request. The Project Sponsor shall be responsible for requesting an application package from the Department. 4.2 Project Evaluation The evaluation shall identify how the project will benefit from Financial Assistance and the capability of the Project Sponsor to meet the terms for debt repayment. The Review Committee shall evaluate the projects, and provide documentation and a recommendation regarding each project to the Commission or the CAB for aviation projects. 4.3 Evaluation Criteria. Project evaluations shall be accomplished by incorporating a rating scheme across specific criteria as described below: 4.3.1 Project Type – Project Sponsors shall identify the type of project (road and highway, transit, aviation, and rail). This shall allow the commission to promote its objectives regarding types of Transportation Projects assisted by the CO SIB. 4.3.2 Public/Private Partnerships – Project Sponsors shall indicate whether it is a public or private entity. An evaluation on the basis of public/private partnerships shall allow the CO SIB to facilitate Transportation Projects that promote public purposes and feature some private financing. 4.3.3 Financial Need – Project Sponsors shall submit financial and technical information as requested in the application to help identify how sponsored Transportation Projects would benefit financially from CO SIB Financial Assistance. 4.3.4 Repayment Source – The Project Sponsor shall present a statement of revenue sources for the purpose of paying back loans, e.g., fees, HUTF revenues, local option sales taxes, passenger facility charges, and general fund property taxes. This criterion shall allow the sponsor to demonstrate its ability to repay the loan. 4.3.5 Security Provisions – The Project Sponsor shall be required to identify security provisions, e.g., HUTF revenues, property, bank reserves. This criterion shall allow a measure of the Project Sponsor’s potential to secure the loan. 4.3.6 Financial Ratios – Project Sponsors shall provide the appropriate information requested in the application regarding its current financial condition and substantiating documentation on the total cost of the project including additional funding sources that the sponsor may intend to use to complete the project. This criterion shall demonstrate the Project Sponsor’s commitment to its project and validate the cost of the project. 4.3.7 Term of Financial Obligation –The Project Sponsor shall indicate how long it needs to repay the loan up to ten years. This criterion shall illustrate the length of the CO SIB’s financial obligation to a Project Sponsor’s Transportation Project, which is important to replenishing the Colorado State Infrastructure Bank’s capital to accommodate future Financial Assistance to subsequent applicants. 4.3.8 Project Viability – Project Sponsors shall reveal any other options for funding the project.

This criterion shall provide a measure of a project’s viability without Financial Assistance from the CO SIB. 4.3.9 Project Benefits – Project Sponsors shall be required to briefly describe the benefits of its Transportation Project. As a counterpoint, Project Sponsors shall also be required to describe the likely negative effects of NOT receiving Financial Assistance from the CO SIB. This criterion shall identify benefits gained, from the Transportation Project receiving Financial Assistance, to the transportation system. 4.3.10 Project Planning – In order to demonstrate local commitment as part of a fiscally constrained plan, Project Sponsors shall indicate if their project is in the TIP/STIP, eligible to be amended into the TIP/STIP, in another approved transportation planning document, or not in any plan. 4.4 Review Committee 4.4.1 The Review Committee shall consist of the following: one member of the Transportation Commission (or the CAB for aviation projects) who will chair the Review Committee; the regional transportation director from the appropriate engineering region or the divisional director from the aeronautics division, or transit and rail division as appropriate; the CDOT chief financial officer or manager of OFMB, and the CO SIB Manager. 4.4.2 Duties of the Committee The Review Committee shall evaluate loan applications based upon the responses to the criteria described in Rule 4.3 herein; examine loan documentation including the sponsor’s financial statements to assure that a pending loan meets CO SIB rules standards and statutory guidelines; review the planning and engineering aspects of the loan project. Also, develop procedures for executing loan contracts and, as required, review and, if appropriate recommend amending the terms of already executed loan contracts, periodically review maturing loans and progress reports, and in case of Default, decide what collection efforts should be taken to restore past-due loans and other nonperforming loans to satisfactory condition. 4.4.3 Evaluations from the Committee The Review Committee shall submit its recommendation and final evaluation to the OFMB.

Regardless of the merits of the project or its total cost, the Committee shall not recommend to the Commission or the CAB that it lend an applicant an amount that it considers beyond the applicant’s capacity to repay even if it means the project cannot go forward at that time. 4.5 Funding Procedure The OFMB shall present the Review Committee’s recommendation and evaluation to the Commission or the CAB for action, and the Commission or the CAB shall approve the requested amount or recommend a different maximum level of Financial Assistance for the project. 4.6 Loan Agreement 4.6.1 The OFMB shall negotiate the terms of a loan agreement with the approved Project Sponsor. 4.6.2 Fiduciary provisions – Unless specifically exempted by the Commission or the CAB, loan agreements for construction will specify that the funds will be disbursed in their entirety to a third party fiduciary or escrow agent with which the Project Sponsor has entered into an agreement. It shall be the responsibility of the CO SIB Manager to validate requests for construction draws by the contractor and to provide periodic advances of fund to the contractor, as authorized by the terms of the construction contract. The third party administrator of the loan shall also provide periodic progress reports to the Committee. In instances where the loan is for the purchase of real property unrelated to a construction project or for the purchase of equipment, the third party will disburse the funds upon presentation of the requisite documentation demonstrating that the property or equipment procured is that for which the loan was approved and that the amounts paid match those presented in the loan application. 4.6.3 Ongoing interest – The loan agreement shall specify that the Department retains a collateral interest in the item(s) procured with the loan proceeds and that the sponsor may not sell the items procured until such time as payment in full is made upon the loan.

Chapter 5: Interest Rates and Fees 5.1 Interest earnings and/or origination fees are required to re-capitalize the CO SIB and to offset a portion of the cost of its administration. There shall be no interest-free loans. However, interest payments may be delayed for up to two years, and all accrued interest can be capitalized into the principal outstanding balance. In addition, an origination fee to partially offset the cost of administering the CO SIB may be assessed. If such fee is assessed, the calculated amount can be added to principal to be repaid according to the agreed upon amortization schedule. 5.2 Interest Rate –The Interest Rate for loans from the CO SIB shall be established and adopted by the resolution of the Commission not later than June 30 of each year for loans applied for during the ensuing months of July; August; September; October; November; December. An Interest Rate shall be established and adopted by resolution of the Commission not later than December 31 of each year for loans originating during the ensuing months of January; February; March;

April; May; June. 5.3 Origination Fee – Pursuant to § 43-1-113.5(7), C.R.S., a fee may be charged to reimburse the Department for reasonable expenses incurred while administering the CO SIB. Not later the June 30 of each year, the Commission shall determine whether or not to assess an origination fee for the ensuing fiscal year. If assessed, the origination fee schedule shall be as follows: a maximum of one percent for loan proceeds up to $1 million, three-quarters of a percent for loan proceeds over $1 million and up to $2.5 million, one-half percent on the amount of loan proceeds over $2.5 million and up to $5 million, and one-quarter percent on the amount of loan proceeds over $5 million.

Chapter 6: Repayment of Loans 6.1 Loan Amortization Financial Assistance in the form of a loan shall be amortized and simple interest shall be applied to the outstanding principal of each loan. An amortization schedule shall be attached to the loan agreement between the Department and the Project Sponsor. 6.2 Payback Period The payback period for Financial Assistance shall be not more than ten years. The term of a loan requested by a Project Sponsor shall be one of the criteria used for evaluation. 6.3 Remedies in case of Default 6.3.1 If a recipient of Financial Assistance from the CO SIB fails to meet any of the terms or conditions of the loan agreement and fails to cure within thirty (30) days, the recipient shall be in Default, as defined in Rule 2.4. The Department shall notify the recipient of the condition. If the recipient fails to cure within thirty (30) days thereof, the Department may declare the entire principal amount of the loan then outstanding immediately due and payable, and bring a right of action against such recipient in district court to seek any applicable legal or equitable remedy, including reasonable attorney fees. 6.3.2 Default on loan repayment If the recipient does not make a scheduled payment and fails to cure within thirty (30) days, the Department may assess a late charge penalty or initiate debt collection efforts to recover the amounts due.

Chapter 7: Declaratory Orders 7.1 The Transportation Commission and the Department may entertain, at their sole discretion, petitions for declaratory orders pursuant to § 24-4-105(11), C.R.S. relating to the CO SIB. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/30/2009.

Entire rule eff. 06/14/2023.

606 High Performance Transportation Enterprise Board

2 CCR 606-1 Rules Governing the Administrative Toll Enforcement Process {#sec-2-ccr-606-1 omnilex-key=us-co-regs-official--department-21--2 CCR 606-1}

DEPARTMENT OF TRANSPORTATION

RULES GOVERNING THE ADMINISTRATIVE TOLL ENFORCEMENT PROCESS

2 CCR 606-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Statement of Basis and Purpose and Statutory Authority The High Performance Transportation Enterprise (“HPTE”) is a type 1 board created pursuant to § 43-4- 806(2)(a)(I), C.R.S., whose purpose is to pursue public-private partnerships and other innovative and efficient means of completing surface transportation infrastructure projects. Section 43-4-808(2)(b), C.R.S., grants the HPTE the authority to adopt rules pertaining to the enforcement of toll collection and provide a civil penalty for Toll Evasion for roads within the HPTE’s jurisdiction. Section 43-4-808(2)(d)(II), C.R.S., provides authority to the HPTE to establish an administrative toll enforcement process and adopt rules creating such a process. The HPTE foresees an expansion of its managed lane network and recognizes the need for a formal administrative enforcement process for civil penalty collection. It is the intent of the HPTE to develop, based on the statutory requirements, an easily accessible, understandable toll enforcement hearing process. 1.00 Definitions 1.01 “Adjudication Fee” shall mean the fee assessed by the Administrative Hearing Officer and shall include costs arising from the cost of adjudication. 1.02 “Administrative Hearing Officer” shall mean an impartial person appointed by the HPTE or a Contractor on its behalf, to adjudicate Toll Evasion cases. The Administrative Hearing Officer may be an administrative law judge employed by the state or an independent contractor of the HPTE.

The Administrative Hearing Officer shall have the same degree of independence granted to an administrative law judge employed by the state. § 43-4-808(2)(d)(IV), C.R.S. 1.03 “Automatic Vehicle Identification Photography” (“AVIP System”) shall mean any photographic system which aids in the collection of Tolls and enforcement of toll violations. See § 43-4- 408(2)(b), C.R.S. 1.04 “Certified Report” shall mean a report provided to the Department of Revenue, Division of Motor Vehicles either through certified letter, or through electronic file transfer pursuant to a protocol established by HPTE and Department of Revenue. 1.05 “Civil Penalty” shall mean the amounts assessed for Toll Evasion, including amounts assessed for late payment, established by the HPTE subject to any limits imposed by § 43-4-808(2)(b) and (c)(I), C.R.S. The Civil Penalty established by the HPTE Board for any Toll Evasion, shall be no less than $10 nor more than $250 per toll statement or per Civil Penalty Assessment if assessed by a Peace Officer. The Civil Penalty excludes the Adjudication Fee assessed by an Administrative Hearing Officer. 1.06 “Contractor” shall mean any public or private entity with which HPTE contracts to manage user accounts, billing functions and processing Toll Evasions through a Toll Account or other means. 1.07 “HPTE” for purposes of these Rules shall mean the Colorado High Performance Transportation Enterprise Board created by § 43-4-806(2)(a)(I), C.R.S. 1.08 “Toll Statement” shall mean an invoice for a Responsible Party reflecting Toll usage for such Responsible Party over a specific period of time generated by the AVIP System or other electronic device that will constitute the amount of the Tolls due and payable by such Responsible Party, plus any additional Civil Penalties. See § 43-4-808(2)(b), C.R.S. 1.09 “Notice of Civil Penalty Assessment” or “Notice” shall mean an assessment for Toll Evasion against the Person operating the vehicle if issued by a Peace Officer or against a Responsible Party if resulting from an AVIP System or other electronic means. 1.10 “Peace Officer” shall mean a person as described in § 16-2.5-101, C.R.S., including Colorado state troopers, officers of the ports, peace officers assigned to specific jurisdictions, and local law enforcement officers authorized to issue Notice of Civil Penalty Assessments for Toll Evasion. 1.11 “Person” shall mean the Person operating the vehicle at the time a Toll is incurred and to whom a Peace Officer may issue a Notice of Civil Penalty Assessment. 1.12 “Responsible Party” shall mean the registered owner of the vehicle who, based on their status as the registered owner of such vehicle, will be presumed to have given authority, express or implied, to the operator of the vehicle at the time a Toll is incurred and who will be presumed responsible for the payment of the Toll and any related Civil Penalty. If a Notice of Civil Penalty Assessment results from an AVIP System or other electronic means, the Responsible Party shall be liable for payment. 1.13 “Toll” shall mean the user fee established by the HPTE from time to time and paid to the HPTE or its Contractor on its behalf for the privilege of using surface transportation infrastructure, including managed lanes. The Toll may include a different rate which shall be established by the HPTE depending upon the method of collection. The Toll shall not include any Civil Penalty or Adjudication Fee. 1.14 “Toll Account” shall mean a user agreement with a Contractor establishing an account for payment of Tolls through the use of a Transponder, or other HPTE-approved device or method. 1.15 “Toll Evasion” shall have the meaning set forth in Rule 3.01. 1.16 “Transponder” means the electronic toll recording device linked to a Toll Account or another payment system approved by the HPTE by which payments of tolls may be imposed. 2.00 Administrative Toll Enforcement Process 2.01 Pursuant to § 43-4-808(2)(d)(II), C.R.S., at the request of the judicial department, the transportation enterprise may establish an administrative toll enforcement process. 2.02 Pursuant to § 43-4-808 (2)(d)(IV), C.R.S., the HPTE may enter into contracts for adjudication of the toll enforcement process. 2.03 The Administrative Hearing Officer shall have exclusive jurisdiction over the administrative toll enforcement process. See § 43-4-808(2)(d)(II), C.R.S. 2.04 The HPTE or a Contractor on its behalf shall retain one or more Administrative Hearing Officer(s).

See § 43-4-808(2)(b), C.R.S. 3.00 Toll Evasion 3.01 Toll Evasion may result from actions of the Responsible Party or Person, including but not limited to: 3.01.1 Failing to pay a Toll or Avoiding a Toll:

A. For which a statement has been sent, within the time set forth in the statement; or B. For which a Civil Penalty has been assessed, within the time required; or C. By entering or exiting the Toll Lane other than at a designated access/egress point, and/or swerving between Toll Lanes and General-Purpose Lanes (“Weaving”). 3.01.2 Using a Toll Lane:

A. Without having complied with such other requirements established by HPTE to record or exempt a vehicle from Tolls; or B. Having obfuscated, altered or obliterated a license plate or maintained a license plate in violation of § 42-3-202(2)(b), C.R.S., or while travelling without a license plate; or C. Tampering with or failing to properly set a Transponder or other electronic device required by HPTE to record or exempt a vehicle from Tolls, so as to cause it to not operate as intended; or D. Using the Peak Period Shoulder Lane, as defined in § 43-4-806(11)(a), C.R.S., when the posted signage indicated the Peak Period Shoulder Lane is closed, except as otherwise allowed in §43-4-806(11)(b)(I), C.R.S.; or E. Using a Peak Period Shoulder Lane, as defined in § 43-4-806(11)(a), C.R.S., at any time if the person is driving a motor vehicle with more than two (2) axles or that is twenty-five feet (25 ft.) in length or longer; or F. In any prohibited fashion as proscribed by § 43-4-806, C.R.S. or other applicable Colorado law. 3.02 The HPTE shall establish the Civil Penalty for Toll Evasion within the limits set forth in statute.

The HPTE shall adopt by resolution a Civil Penalty structure for Toll Evasion. 4.00 Notice of Civil Penalty Assessment and Request for Hearing 4.01 A Notice of Civil Penalty Assessment may be issued to the Person operating the motor vehicle involved in a Toll Evasion by a Peace Officer, or issued as a result of an AVIP System or other electronic means and sent to the Responsible Party by mail. See § 43-4-808(2)(c)(II) and 43-4- 808(2)(f)(I), C.R.S. 4.02 Determination of the time frames for the Notice of Civil Penalty Assessment shall be based on calendar days. 4.03 Notice of Civil Penalty Assessment Sent by Mail Pursuant to §43-4-808(2)(f)(I), C.R.S. 4.03.1 A Notice of Civil Penalty Assessment issued in the instance of Toll Evasion resulting from an AVIP System or other electronic means may be sent to the Responsible Party by firstclass mail, or by any mail delivery service offered by an entity other than the United States Postal Service that is equivalent to or superior to first-class mail, or by other means as provided by § 24-4-105(2)(a), C.R.S. 4.03.2 The Notice of Civil Penalty Assessment shall contain:

A. The name of the Responsible Party;

B. The address of the Responsible Party;

C. The license plate number of the vehicle involved;

D. The date of the Notice;

E. The date and time of the event(s) that gave rise to the Toll Evasion;

F. The location of the event(s) that gave rise to the Toll Evasion;

G. The amount of the Civil Penalty;

H. A place for the Responsible Party to execute a signed acknowledgment of liability for the cited Toll Evasion; and I. Such other information as may be required by law to constitute the Notice of Civil Penalty Assessment as a complaint to appear for adjudication of a Civil Penalty for Toll Evasion if the Toll and Civil Penalty is not paid within thirty (30) days of the date of the Notice of Civil Penalty Assessment. See § 43-4-808(2)(f)(I), J. The method and procedure by which a Responsible Party may file an answer.

K. The method by which a Responsible Party may pay the Notice of Civil Penalty Assessment. If a Notice of Civil Penalty Assessment results from an AVIP System or other electronic means, the Responsible Party shall pay the Civil Penalty either:

(1) In person at the location designated by the HPTE or Contractor on its behalf; or (2) By postmarking the payment within twenty days of the Notice; or (3) By other electronic means approved by the HPTE or a Contractor on its behalf. 4.04 Notice of Civil Penalty Assessment Issued by a Peace Officer pursuant to § 43-4-808(2)(c)(I), 4.04.1 Any Peace Officer is authorized to issue a Notice of Civil Penalty Assessment for Toll Evasions. See § 43-4-808(2)(c)(I), C.R.S. 4.04.2 A Notice of Civil Penalty Assessment issued by a Peace Officer shall contain:

A. The name of the Person operating the motor vehicle;

B. The address of the Person operating the motor vehicle;

C. The license plate number of the motor vehicle involved;

D. The driver’s license number of the Person operating the motor vehicle involved in the Toll Evasion;

E. The nature of the Toll Evasion;

F. The amount of Civil Penalty prescribed for the Toll Evasion;

G. The date of the Notice;

H. A place for the Person to execute a signed acknowledgement of person’s receipt of the Notice of Civil Penalty Assessment; and I. A place for the Person to execute a signed acknowledgement of liability for the cited Toll Evasion, to be executed at the time the Person cited pays the Civil Penalty.

J. Such other information as may be required by law to constitute the Notice and complaint to appear for adjudication if the Civil Penalty is not paid within twenty days of the date of the Notice. See § 43-4-808(2)(c)(II), C.R.S.

K. The method and procedure by which the Person may file an answer.

L. A statement that if the Person cited does not pay the prescribed Civil Penalty within twenty (20) days of the Notice, the Notice shall constitute a complaint to appear for adjudication of a Toll Evasion, and the Person cited shall, within the time specified in the Notice, file an answer to the complaint in the manner specified.

M. A statement that failure to contest the alleged violations in the manner and time provided shall be deemed an admission of liability and that a final order of liability may be entered against the Person. See § 43-4-808(2)(f)(I), C.R.S.

N. A statement that the Person cited shall pay the Civil Penalty either:

(1) In person at the location designated by the HPTE or a Contractor on its behalf; or (2) By postmarking the payment within twenty (20) days of the Notice, or (3) By other electronic means approved by the HPTE or a Contractor on its behalf. See § 43-4-808(2)(c)(IV), C.R.S. 5.00 Answer and Request for Hearing or Failure to Request a Hearing 5.01 Upon receipt of a timely request for a hearing from the Responsible Party, the HPTE or a Contractor on its behalf, shall set the matter for a hearing before an Administrative Hearing Officer and provide sufficient notice to the Responsible Party or Person of the date, time and place of the hearing as stated in § 24-4-105(2)(a), C.R.S., at least thirty (30) days prior to the hearing. 5.02 Time Frame for Filing Answer and Request for Hearing where Notice of Civil Penalty Assessment is provided by an AVIP System or other electronic means pursuant to § 43-4-808(2)(f)(I), C.R.S. 5.02.1 If the Responsible Party does not pay the prescribed Toll and/or Civil Penalty within thirty (30) days of the date of the Notice of Civil Penalty Assessment, the Notice shall constitute a complaint to appear for adjudication of a Toll Evasion in an administrative Toll enforcement proceeding. 5.02.2 The Responsible Party shall, within the time specified in the Notice of Civil Penalty Assessment, file an answer to the complaint in the manner specified in such Notice. 5.02.3 If the Responsible Party fails to pay in full the outstanding Toll and/or Civil Penalty as set forth in the notice or to appeal and answer the complaint and request a hearing as specified in the notice, a final order of liability shall be entered against the Responsible Party for purpose of enabling the Responsible Party to appeal the final order of the Administrative Hearing Officer pursuant to Rule 7.07 hereof and allow the HPTE or a Contractor on its behalf, to proceed to judgment. 5.03 Time Frame for Filing Answer and Request for Hearing where the Notice of Civil Penalty Assessment is provided by a Peace Officer pursuant to § 43-4-808(2)(c)(III) and (IV), C.R.S. 5.03.1 If the Person cited does not pay the prescribed Civil Penalty within twenty (20) days of the Notice, the Notice of Civil Penalty Assessment shall constitute a complaint to appear for adjudication of a Toll Evasion and the Person cited shall, within the time specified in the Notice of Civil Penalty Assessment, file an answer to the compliant in the manner specified in such notice. 5.03.2 The acknowledgement of liability shall be executed at the time the Person cited pays the prescribed Civil Penalty. 6.00 Presumptions of Liability for Toll Evasion 6.01 Presumption Regarding the Registered Owner of a Vehicle. The Responsible Party shall be presumed liable for the Toll and Civil Penalty imposed by the HPTE or a Contractor on its behalf.

See § 43-4-808(2)(f)(I), C.R.S. 6.02 The Responsible Party involved in a Toll Evasion violation may rebut the presumption of liability for the violation by proving by a preponderance of the evidence that: 6.02.1 The owner sold or otherwise transferred ownership of the vehicle to another person before the date of the violation as evidenced by a bill of sale or similar document; or 6.02.2 The owner did not have custody and control of the vehicle at the time of the violation due to theft as evidenced by a report to a law enforcement agency; or 6.02.3 The person operating the vehicle in the Peak Period Shoulder Lane was operating an authorized emergency vehicle, as defined in §42-1-102(6), C.R.S., or an authorized service vehicle, as defined in §42-1-102(7), C.R.S., or was using the lane in the case of an emergency; or 6.02.4 Other rights or defenses available under applicable law. 6.03 Liability Regarding the Owner of a Motor Vehicle Engaged in the Business of Leasing or Renting Motor Vehicles. 6.03.1 The owner of a motor vehicle who is engaged in the business of leasing or renting motor vehicles is liable for payment of a Toll Evasion violation Civil Penalty; except that, at the discretion of such owner:

A. The owner may obtain payment for a Toll Evasion violation Civil Penalty from the person or company who leased or rented the vehicle at the time of the Toll Evasion through a credit or debit card payment and forward the payment to the HPTE or a Contractor on its behalf; or B. The owner may seek to avoid liability for a Toll Evasion violation Civil Penalty if the owner of the leased or rented motor vehicle can furnish sufficient evidence that, at the time of the Toll Evasion violation, the vehicle was leased or rented to another person. 6.03.2 To avoid liability for payment, the owner of the motor vehicle shall, within thirty (30) days after receipt of the Notice of Civil Penalty Assessment, furnish to the HPTE or a Contractor on its behalf an affidavit containing the name, address, and state driver’s license number of the person or company who leased or rented the vehicle. 7.00 Administrative Adjudication Proceeding 7.01 General Provisions 7.01.1 Upon receipt of a request, the HPTE or a Contractor on its behalf shall set the matter for a hearing before an Administrative Hearing Officer. 7.01.2 The HPTE or a Contractor on its behalf shall establish and maintain hearing facilities for the conduct of Toll enforcement hearings, which shall be in the form of an administrative adjudication proceeding. 7.01.3 The Responsible Party or Person shall be the respondent to the complaint. 7.02 Conduct of Hearing 7.02.1 The Administrative Hearing Officer shall preside over the hearing and shall have all powers under the State Administrative Procedure Act set forth in § 24-4-105, C.R.S., except that for purposes of these Rules, the decision of the Administrative Hearing Officer shall be a Final Order and may not be appealed to the HPTE. 7.02.2 The State Administrative Procedure Act, § 24-4-105, C.R.S., shall apply to the administrative adjudication proceeding. In the case of a conflict between the requirements of § 43-4-808, C.R.S., and § 24-4-105, C.R.S., § 43-4-808, C.R.S., shall apply. 7.02.3 The standard of review shall be by a preponderance of the evidence. 7.02.4 With regard to § 24-4-105(8), C.R.S., the Administrative Hearing Officer may take notice of the scientific principles underlying technology utilized by the HPTE or the Contractor on its behalf, to produce automatic vehicle identification imagery, the foundation of which may be presumed, subject to rebuttal by a preponderance of the evidence. 7.02.5 The Responsible Party may view automatic vehicle identification imagery evidence by appointment with the HPTE or a Contractor on its behalf, on a date prior to that of the hearing at a time and location designated by the Administrative Hearing Officer. 7.03 Continuances 7.03.1 The Responsible Party or Person, or their legal representative shall have right to one (1) continuance to seek representation by legal counsel. 7.03.2 Either party shall have the right to a continuance due to disruption of an automated or electronic adjudicatory file or processing system. 7.04 Failure to Appear 7.04.1 If a Responsible Party or Person who has answered and requested a hearing fails to appear at the hearing as originally set or as continued by the Administrative Hearing Officer, upon satisfaction that notice of the hearing was given by the HPTE or a Contractor on its behalf, to the Responsible Party or Person, the Responsible Party or Person will be deemed to have admitted liability and have waived the right to a hearing. 7.04.2 In this case, a final order of liability in default for Civil Penalty and Adjudication Fee, if any, may be entered against the Responsible Party or Person. 7.05 Decision of the Administrative Hearing Officer a Final Order 7.05.1 The Administrative Hearing Officer shall make a finding as to whether the Responsible Party or Person is liable for a Civil Penalty and, if applicable, an Adjudication Fee, and render a decision in the form of an Administrative Hearing Officer’s final order. 7.05.2 The Administrative Hearing Officer may enter default against the Responsible Party or Person in a final order. 7.05.3 The Administrative Hearing Officer, upon the entry of default, shall find:

A. That the Notice of Civil Penalty Assessment was provided to the Responsible Party or Person; and B. The Responsible Party or Person was provided with notice of the opportunity to appear at a hearing; and C. The Notice was sent to the Responsible Party’s or Person’s last known address based on the vehicle records of the Department of Revenue, Division of Motor Vehicles, or the last known address for the Responsible Party or Person which the HPTE or Contractor on its behalf, has obtained during the course of the toll enforcement process. 7.05.4 A decision by the Administrative Hearing Officer of liability or no liability for the Toll and Civil Penalty shall be final for purposes of the administrative adjudication process. 7.05.5 The decision of the Administrative Hearing Officer shall be final and binding upon the parties. The Final Order may not be appealed to the HPTE pursuant to § 24-4-105(14)(a), 7.06 Payment of Decision of Administrative Hearing Officer 7.06.1 A Responsible Party or Person shall pay the amount set forth in a final order within thirty (30) days of the effective date. 7.07 Appeal of Administrative Hearing Officer’s Final Order 7.07.1 The administrative adjudication of a Toll Evasion is subject to judicial review and may be appealed as to matters of law and fact to the county court for the county in which the violation occurred. See § 43-4-808 (2)(d)(VI), C.R.S. 7.07.2 The Administrative Hearing Officer’s final order may be appealed within thirty (30) days of the effective date. 7.07.3 The county court shall conduct a de novo review upon appeal. See § 43-4-808 (2)(d)(VI), 7.07.4 The HPTE or a Contractor on its behalf may certify the record on appeal by filing a certified copy of the order imposing a Toll and Civil Penalty that is entered by the Administrative Hearing Officer with the clerk of the county court in the county in which the violation occurred at any time after the order is entered. See § 43-4-808 (2)(d)(V), C.R.S. 7.07.5 The clerk shall record the order in the judgment book of the court and enter it in the judgment docket. See § 43-4-808 (2)(d)(V), C.R.S. 7.07.6 The order shall thenceforth have the effect of a judgment of the county court and execution may issue on the order of the court as in other cases. See § 43-4-808 (2)(d)(V), C.R.S. 7.08 Remedies 7.08.1 Notwithstanding the specific remedies provided by § 43-4-808, C.R.S., the HPTE shall have every legal remedy available to enforce unpaid Tolls and Civil Penalties as debts owed to the HPTE. See § 43-4-808(2)(d)(VII), C.R.S. 7.08.2 The HPTE or a Contractor on its behalf may report to the Department of Revenue any outstanding judgment or warrant or any failure to pay the Toll or Civil Penalty for any Toll Evasion, including any Adjudication Fee imposed by an Administrative Hearing Officer.

See § 43-408(2)(g), C.R.S. 7.08.3 Neither the existence nor utilization of an administrative toll enforcement procedure nor these rules shall be construed to limit the HPTE’s or a Contractor’s rights or remedies available under the law. 8.00 Department of Revenue Action 8.01 The HPTE or a Contractor on its behalf as stated in § 43-4-808(2)(g), C.R.S., may report to the Department of Revenue any outstanding judgment or warrant or any failure to pay the Toll or Civil Penalty for any Toll Evasion. 8.02 Upon receipt of a certified report from the HPTE or its Contractor on its behalf, stating that the owner of a registered vehicle has failed to pay a Toll or Civil Penalty including any Adjudication Fees imposed by an Administrative Hearing Officer, resulting from a final order, the Department of Revenue shall not renew the registration of the vehicle until the Toll and Civil Penalty are paid in full. See § 43-4-808(2)(g), C.R.S. 8.03 A Certified Report from the HPTE shall be provided to the Department of Revenue upon the owner successfully paying in full a Toll or Civil Penalty releasing the non-renewal of the owner’s vehicle. 8.04 The Department of Revenue has no authority to assess any points against a driver’s license under § 42-2-127, C.R.S., upon entry of a conviction or judgment for any Toll Evasion. 9.00 Declaratory Orders 9.01 The HPTE may, at its discretion, entertain petitions for declaratory orders pursuant to § 24-4- 105(11), C.R.S. _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 04/14/2013.

Rules 3.01.1 C, 3.01.2 D-F, 4.01, 4.03.1, 6.02.3, 6.02.4, 9.00 eff. 08/14/2022.

607 Clean Transit Enterprise Board

2 CCR 607-1 Rules Governing Clean Transit Enterprise Processes and Fees {#sec-2-ccr-607-1 omnilex-key=us-co-regs-official--department-21--2 CCR 607-1}

DEPARTMENT OF TRANSPORTATION

RULES GOVERNING CLEAN TRANSIT ENTERPRISE PROCESSES AND FEES

2 CCR 607-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Statement of Basis and Purpose and Authority The Clean Transit Enterprise is authorized by C.R.S. § 43-4-1203(6)(g) to promulgate rules setting the amount of the Clean Transit Retail Delivery Fee at or below maximum levels contained in C.R.S. § 43-4- 1203(7) and to govern the process by which the Enterprise accepts applications for, awards, and oversees grants, loans, and rebates pursuant to C.R.S. § 43-4-1203(8).

SB21-260 Sustainability of the Transportation System created new sources of dedicated funding and new state enterprises intended to preserve, improve, and expand existing transportation infrastructure, develop the modernized infrastructure needed to support the widespread adoption of Electric Motor Vehicles, and mitigate environmental and health impacts of transportation system use. To accomplish these goals, the legislation established a Clean Transit Enterprise (CTE), an enterprise and government owned business within the Colorado Department of Transportation (CDOT) for the purpose of collecting fee revenue to reduce or mitigate the adverse impacts of air pollution and greenhouse gas emissions produced by gas and diesel-powered motor vehicles used for Retail Deliveries. CTE will support the adoption of Electric Motor Vehicles for Transit. The Enterprise is a Type 1 transfer agency and as such the Legislature specifically vested the Enterprise with the authority to promulgate rules to set the amount of the required Clean Transit Retail Delivery Fee and to govern the process by which the Enterprise accepts applications for, awards, and oversees grants, loans, and rebates. Per statute, the Enterprise can set a maximum fee of $0.03 per Retail Delivery. The fee delineated in the rule mirrors the fee amount set in C.R.S. § 43-4-1203.

The Enterprise shall notify the Department of Revenue (DOR) of the amount of the Clean Transit Retail Delivery Fee to be collected for Retail Deliveries of Tangible Personal Property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins. CDOT will work with DOR to determine the maximum fee amount that may be imposed, which shall be the maximum amount for the prior state fiscal year adjusted for inflation. 2.00 Definitions 2.1 “Colorado Department of Transportation Division of Transit and Rail” or “CDOT Division of Transit and Rail” means the division within the Colorado Department of Transportation responsible for planning, developing, operating, and integrating Transit and rail into the statewide transportation system. 2.2 “Compressed Natural Gas Motor Vehicle” means a vehicle that is powered by an engine fueled by methane that has been compressed and stored onboard at a pressure up to 3,000 pounds per square inch, also known as compressed natural gas. 2.3 “Disproportionately Impacted Community” means a community that is in a census block group, as determined in accordance with the most recent United States decennial census, where the proportion of households that are low income is greater than forty percent, the proportion of households that identify as minority is greater than forty percent, or the proportion of households that are housing cost-burdened is greater than forty percent, as defined in C.R.S. § 43-4-1202(5). 2.4 “Electric Motor Vehicle” means a vehicle that uses a battery to store energy that powers the motor, including: 2.4.1 A Battery Electric Motor Vehicle powered exclusively by a rechargeable battery pack that can be recharged by being plugged into an external source of electricity and that has no secondary source of propulsion. 2.4.2 A Hydrogen Fuel Cell Motor Vehicle powered by electricity produced from a fuel cell that uses hydrogen gas as fuel. 2.4.3 A Plug-in Hybrid Electric Motor Vehicle powered by both a rechargeable battery pack that can be charged by being plugged into an external source of electricity and a secondary source of propulsion such as an internal combustion engine. 2.5 “Recovered Methane” means any of the following if the Air Pollution Control Division determines them to provide a net reduction in greenhouse gas emissions: 2.5.1 Biomethane; 2.5.2 Methane derived from municipal solid waste, biomass pyrolysis or enzymatic biomass, or wastewater treatment; and 2.5.3 Coal mine methane, as defined in C.R.S. § 40-2-124(1)(a)(II). 2.6 “Retail Delivery” means a retail sale of Tangible Personal Property by a retailer for delivery by a motor vehicle owned or operated by the retailer or any other person to the purchaser at a location in the state, which sale includes at least one item of Tangible Personal Property that is subject to taxation under Article 26 of Title 39. Each such retail sale is a single Retail Delivery regardless of the number of shipments necessary to deliver the items of Tangible Personal Property purchased. 2.7 “Tangible Personal Property” means all goods, wares, merchandise, products and commodities, and all tangible or corporeal things and substances which are dealt in, capable of being possessed and exchanged, except newspapers excluded by law. Tangible property does not include: 2.7.1 Real property, such as land or buildings, nor Tangible Personal Property that loses its identity when it becomes an integral and inseparable part of the realty, and is removable only with substantial damage to the premises. Property severed from real estate becomes Tangible Personal Property. 2.7.2 Intangible personal property constituting mere rights of action and having no intrinsic value, such as contracts, deeds, mortgages, stocks, bonds, certificates of deposit or memberships, or uncancelled United States postage or revenue stamps sold for postage or revenue purposes. 2.7.3 Water in pipes, conduits, ditches or reservoirs, but does include water in bottles, wagons, tanks or other containers. 2.7.4 Computer software that does not meet the criteria enumerated in C.R.S. § 39-26- 102(15(c). 2.7.5 An advertising supplement included in a newspaper. 2.7.6 The method of delivery does not impact the definition of Tangible Personal Property as defined in C.R.S. § 39-26-102(15). 2.8 “Transit” means a coordinated system of Transit modes providing transportation use by the general public, as defined in C.R.S. § 43-1-102(4). 2.9 “Transit Agency” means an organization that provides Transit services to the general public or a segment of the public defined by age, disability, or low income. 3.00 Fees 3.1 Effective July 1, 2022, the Enterprise shall impose a Clean Transit Retail Delivery Fee of three cents per Retail Delivery of Tangible Personal Property. 3.2 Starting in 2023, CDOT will work with the Department of Revenue (DOR) to determine the maximum fee amount that may be imposed, which shall be the maximum amount for the prior state fiscal year adjusted for inflation. 3.3 Starting in 2023, the Enterprise shall notify DOR of the amount of the Clean Transit Retail Delivery Fee to be collected for Retail Deliveries of Tangible Personal Property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins. 4.00 Process for Awarding and Overseeing Enterprise Grants, Loans, and Rebates 4.1 The selection of grant, loan, and rebate recipients will be on a competitive basis as a part of regular calls for Transit grant applications and will be based on criteria established by the Enterprise and posted on its website no fewer than 60 days in advance of any deadlines for the submission of applications for grants, loans, and rebates. 4.1.1 CDOT Division of Transit and Rail (DTR) staff will consult with the Clean Transit Enterprise Board to determine the overall available funding amount, project selection criteria, required match levels, and other programmatic details in advance of any notice of funding availability. 4.1.2 A notice of funding availability for grants, loans, and rebates will be posted no fewer than 60 days prior to the application deadline. 4.1.3 Eligible applicants will be any organization considered to be a Transit Agency as defined in these Rules. 4.1.4 Applications will be assessed for eligibility and scored based on their support for the business purpose of the Clean Transit Enterprise by a review panel. Additional consideration will be given in the evaluation process to those Transit Agencies located within or providing service to Disproportionately Impacted Communities. 4.1.5 The applicant must include evidence that the proposed project(s) will support the business purpose of the Clean Transit Enterprise and will be used for one or more of the following purposes by: 4.1.5.1 Supporting the replacement of existing gasoline and diesel transit vehicles with Electric Motor Vehicles, including motor vehicles that originally were powered exclusively by internal combustion engines but have been converted into Electric Motor Vehicles. If Electric Motor Vehicles are not practically available, they may be replaced by Compressed Natural Gas Motor Vehicles, if at least ninety percent of the fuel for the Compressed Natural Gas Motor Vehicles will be Recovered Methane; 4.1.5.2 Providing the associated charging infrastructure for Electric Motor Vehicles in the Transit fleet; 4.1.5.3 Supporting facility modifications that allow for the safe operation and maintenance of Electric Motor Vehicles; or 4.1.5.4 Funding planning studies that enable Transit Agencies to plan for Transit vehicle electrification. 4.2 CDOT staff will present a list of applications recommended for funding to the Clean Transit Enterprise Board for final approval. 4.3 Applicants will be notified of the results of their project proposal(s) within 90 days of the application deadline. 4.4 The CDOT Division of Transit & Rail Transit Programming Unit will be the responsible entity for overseeing any grants, loans, and rebates provided by the Enterprise. 5.00 Declaratory Orders The Enterprise board may, at its discretion, entertain petitions for declaratory orders pursuant to C.R.S. § 24-4-105(11). _________________________________________________________________________ Editor’s Notes

History New rule eff. 06/14/2022.

608 Nonattainment Area Air Pollution Mitigation Enterprise Board

2 CCR 608-1 Rules Governing Nonattainment Area Air Pollution Mitigation Enterprise Fees {#sec-2-ccr-608-1 omnilex-key=us-co-regs-official--department-21--2 CCR 608-1}

DEPARTMENT OF TRANSPORTATION

REGULATION 1 – NONATTAINMENT AREA AIR POLLUTION MITIGATION ENTERPRISE FEES

2 CCR 608-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ 1.00 Statement of Basis and Purpose and Authority.

The Nonattainment Area Air Pollution Mitigation Enterprise is authorized by C.R.S. § 43-4-1303(6)(h) to promulgate rules setting the amounts of the Air Pollution Mitigation Per Ride Fee and the Air Pollution Mitigation Retail Delivery Fee at or below maximum levels contained in C.R.S. § 43-4-1303(7) and (8).

SB21-260 Sustainability of the Transportation System created new sources of dedicated funding and new state enterprises intended to preserve, improve, and expand existing transportation infrastructure and mitigate environmental and health impacts of transportation system use. To accomplish these goals, the legislation established a Nonattainment Area Air Pollution Mitigation Enterprise (the Enterprise), an enterprise and government owned business within the Colorado Department of Transportation (CDOT) for the purpose of collecting fee revenue to mitigate the impacts of increased air pollution that results from increased motor vehicle use for Retail Deliveries and Prearranged Rides by Transportation Network Companies. The Enterprise is a Type 1 transfer agency and as such the Legislature specifically vested the Enterprise with the authority to promulgate rules to set the amounts of fees called for in the legislation in addition to other activities. The Enterprise is required to impose the Air Pollution Mitigation Per Ride Fee and the Air Pollution Mitigation Retail Delivery Fee. Per statute, for the Air Pollution Mitigation Retail Delivery Fee, the Enterprise can set a maximum fee of seven-tenths of one cent per Retail Delivery. The board can set a maximum fee of $0.1125 for any Prearranged Ride in a Zero Emissions Motor Vehicle (ZEV) or that is a Carshare Ride and $0.225 for any other Prearranged Ride. The fees delineated in the

rule mirror the fee amounts set in C.R.S. § 43-4-1303.

The Enterprise shall notify the Department of Revenue (DOR) of the amount of the Air Pollution Mitigation Per Ride Fee to be collected for rides requested and accepted during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins. The Enterprise shall also notify DOR of the amount of the Air Pollution Mitigation Retail Delivery Fee to be collected for Retail Deliveries of Tangible Personal Property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins. CDOT will work with DOR to determine the maximum fee amounts that may be imposed, which shall be the maximum amounts for the prior state fiscal year adjusted for inflation. 2.00 Definitions 2.1 “Carshare Ride” means a Prearranged Ride for which the Rider agrees, at the time the Rider requests the ride through a digital network, to be transported with another Rider who has separately requested a Prearranged Ride regardless of whether or not another Rider is actually transported with the Rider. 2.2 “Prearranged Ride” means a period of time that begins when a Driver accepts a requested ride through a digital network, continues while the Driver transports the Rider in a personal vehicle, and ends when the Rider departs from the personal vehicle, as defined by C.R.S. § 40-10.1-602. 2.3 “Retail Delivery” means a retail sale of Tangible Personal Property by a retailer for delivery by a motor vehicle owned or operated by the retailer or any other person to the purchaser at a location in the state, which sale includes at least one item of Tangible Personal Property that is subject to taxation under Article 26 of Title 39. Each such retail sale is a single Retail Delivery regardless of the number of shipments necessary to deliver the items of Tangible Personal Property purchased. 2.4 “Rider” means a passenger in a personal vehicle for whom transport is provided, including (a) an individual who uses a Transportation Network Company’s online application or digital network to connect with a Driver to obtain services in the Driver’s vehicle for the individual and anyone in the individual’s party; or (b) anyone for whom another individual uses a Transportation Network Company’s online application or digital network to connect with a Driver to obtain services in the Driver’s vehicle, as defined in C.R.S. § 40-10.1-602. 2.5 “Tangible Personal Property” means all goods, wares, merchandise, products and commodities, and all tangible or corporeal things and substances which are dealt in, capable of being possessed and exchanged, except newspapers excluded by law. Tangible property, as defined in C.R.S. § 39-26-102(15) does not include: 2.5.1 Real property, such as land or buildings, nor Tangible Personal Property that loses its identity when it becomes an integral and inseparable part of the realty, and is removable only with substantial damage to the premises. Property severed from real estate becomes Tangible Personal Property. 2.5.2 Intangible personal property constituting mere rights of action and having no intrinsic value, such as contracts, deeds, mortgages, stocks, bonds, certificates of deposit or memberships, or uncancelled United States postage or revenue stamps sold for postage or revenue purposes. 2.5.3 Water in pipes, conduits, ditches or reservoirs, but does include water in bottles, wagons, tanks or other containers. 2.5.4 Computer software that does not meet the criteria enumerated in C.R.S. §39-26- 102(15(c). 2.5.5 An advertising supplement included in a newspaper. 2.5.6. The method of delivery does not impact the definition of Tangible Personal Property as defined in C.R.S. §39-26-102(15). 2.6 “Transportation Network Company” means a corporation, partnership, sole proprietorship, or other entity, operating in Colorado, that uses a digital network to connect Riders to Drivers for the

purpose of providing transportation. A Transportation Network Company does not provide taxi service, transportation service arranged through a transportation broker, ridesharing agreements as defined in C.R.S. § 39-22-509(1)(a)(II), or any transportation service over fixed routes at regular intervals. A Transportation Network Company is not deemed to own, control, operate, or manage the personal vehicles used by Transportation Network Company Drivers. A Transportation Network Company does not include a political subdivision or other entity exempted from federal income tax, as defined in C.R.S. § 40-10.1-602. 2.7 “Transportation Network Company Driver” or “Driver” means an individual who uses their personal vehicle to provide services for Riders matched through a Transportation Network Company’s digital network. A Driver need not be an employee of a Transportation Network Company. 2.8 “Zero Emissions Motor Vehicle” or “ZEV” means a battery electric motor vehicle or a hydrogen fuel cell motor vehicle. 3.00 Fees 3.1 Effective July 1, 2022, the Enterprise shall impose an Air Pollution Mitigation Retail Delivery Fee of seven-tenths of one cent per Retail Delivery of Tangible Personal Property. 3.2 Effective July 1, 2022, the Enterprise shall impose an Air Pollution Mitigation Per Ride Fee of eleven and one-quarter cents for each Prearranged Ride that is a Carshare Ride or for which the Transportation Network Company Driver transports the Rider in a ZEV. 3.3 Effective July 1, 2022, the Enterprise shall impose an Air Pollution Mitigation Per Ride Fee of twenty-two and one-half cents for every other Prearranged Ride not covered by Rule 3.2. 3.4 Starting in 2023, CDOT will work with the Department of Revenue (DOR) to determine the maximum fee amounts that may be imposed, which shall be the maximum amounts for the prior state fiscal year adjusted for inflation. 3.5 The Enterprise shall notify DOR of the amount of the Air Pollution Mitigation Per Ride Fee to be collected for rides requested and accepted during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins. The Enterprise shall also notify DOR of the amount of the Air Pollution Mitigation Retail Delivery Fee to be collected for Retail Deliveries of Tangible Personal Property purchased during each state fiscal year no later than March 15 of the calendar year in which the state fiscal year begins. 4.00 Declaratory Orders The Enterprise board may, at its discretion, entertain petitions for declaratory orders pursuant to § 24-4- 105(11), C.R.S. _________________________________________________________________________ Editor’s Notes

History New rule eff. 06/14/2022.