Statutory and Regulatory Duties and Obligations of Cdot
| Publication year | 2009 |
| Pages | 77 |
| Citation | Vol. 38 No. 10 Pg. 77 |
2009, October, Pg. 77. Statutory and Regulatory Duties and Obligations of CDOT
October 2009
Vol. 38, No. 10 [Page 77]
About the Authors
The authors are employed in the Litigation Section of the Office of the Colorado Attorney General, where they represent the Colorado Department of Transportation. Larry D. Tannenbaum is senior assistant attorney general-(303) 866-5129, larry.tannenbaum@state.co.us; Harry S. Morrow is first assistant attorney general-(303) 866-5129, harry.morrow@state.co.us; and Eric T. Meyer is assistant attorney general-(303) 866-5129, eric.meyer@state.co.us.
Despite its simple beginnings, the present-day Colorado Department of Transportation is a large principal department of the state of Colorado that employs more than 3,000 people and has a multitude of statutory duties and obligations. This article explores some of the more significant of those statutory duties and obligations.
The Colorado Department of Transportation (CDOT) is well-known as a principal department of the state of Colorado(fn1) whose presence is felt by citizens wherever they live or travel in Colorado. CDOT's mission is to "provide the best multi-modal transportation system for Colorado that most effectively moves people, goods and information."(fn2) Colorado lawyers and their clients are affected in a variety of ways by CDOT's duties and obligations to the public. This article will cover CDOT's evolution from a small department with limited duties to a large, principal department with a multitude of statutory duties and obligations.
History of CDOT
In the late 1800s, most Colorado roads were privately built by stage or mining companies or were toll roads built by individuals.(fn3) In 1909, the Colorado General Assembly enacted a statute creating a board of three commissioners known as the State Highway Commission.(fn4) The State Highway Commission had the obligation to appoint a secretary, who was to be a civil engineer and "practical road builder, and a stenographer."(fn5) Under this 1909 statute, county commissioners were to provide the State Highway Commission a road map showing all public roads within their counties, and a designation of those roads to justify their improvement in providing a system of roads within the county.(fn6)
Using the county maps, the State Highway Commission was charged with keeping on file a map showing all public roads in each county and all roads and proposed roads that it deemed worthy of state aid for construction, improvement, and maintenance.(fn7) The General Assembly anticipated that this construction, improvement, and maintenance would result in a system of state roads connecting the various market and business centers of Colorado.(fn8)
In 1913, the General Assembly expanded its 1909 effort, creating the position of State Highway Commissioner and converting the State Highway Commission to a five-member board of advisors.(fn9) The 1913 Act created a permanent State Road Fund with annual appropriations, which was to aid in construction and improvement of the public highways covered by the Act, and also allowed allocation of the fund to the improvement of state highways and county roads.(fn10)
The General Assembly promulgated an Act in 1915 that provided for a uniform system of road signs on state highways.(fn11) One year later, the U.S. Congress passed the Federal Aid Road Act of 1916, the first federal-aid highway funding act.(fn12) The Act provided federal aid to states for roads and included a requirement that each state create a highway agency employing engineering professionals charged with carrying out federal-aid projects.(fn13)
In 1917, the General Assembly enacted the State Highway Law (Highway Law) and therein created the State Highway Department.(fn14) The Highway Law still exists in expanded form today.(fn15) The Highway Law created a Highway Commission, which was charged with such duties as construction and maintenance of highways and establishing, altering, widening, or changing any portion of a state highway.(fn16) The Highway Law also created a State Highway Commissioner, who would serve as chief executive officer of the State Highway Department.(fn17) The Highway Law created a system of state highways,(fn18) a system for creation of state highways, and a state highway fund for use for any of the purposes of the Highway Law.(fn19)
The Highway Law appears in the 1921 Compiled Laws of Colorado.(fn20) The 1921 Act continued the existence of the State Highway Department and provided for a State Highway Engineer and a seven-member advisory board.(fn21) The State Highway Engineer became the chief executive officer of the department.(fn22) The State Road Fund was carried over into the 1921 version of the Highway Law to provide state aid in construction, maintenance, and repair of public highways.(fn23)
In 1991, the General Assembly created CDOT, which assumed the powers, duties, and functions of the State Highway Department, which was abolished.(fn24) Under the 1991 legislation, the executive director served as the head of CDOT and the chief engineer served as the chief administrative officer of the operations and maintenance division and the engineering and design division.(fn25) The General Assembly replaced the former State Highway Commission with an eleven-member State Transportation Commission, appointed by the governor, which was tasked with obligations and duties relating to the management, construction, and maintenance of public highways and other transportation systems in the state.(fn26)
Present-Day CDOT
Today, CDOT is a large department of the state of Colorado, directly employing approximately...
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