Chapter 4 - § 4.12 • ACCESS CONTROLS

• Jurisdiction: Colorado

§ 4.12 • ACCESS CONTROLS

Control of access to public streets and roads is an area of law that has received growing attention, since state and local governments have been unable to build roads fast enough to accommodate Colorado's growth and increased traffic. The proliferation of access points and driveways along major arterials and state highways often impairs the ability of such roads to safely and efficiently carry traffic. Effective control of access can greatly enhance the carrying capacity and safety of most roadways. Reducing the opportunity for turning movements both to and from major arterials increases average speeds, helps to make travel speeds more consistent, and improves public safety. Often, consolidation and elimination of access points also decreases the need for acceleration and deceleration lanes.

§ 4.12.1—Local Controls

Colorado cities, towns, and counties are authorized to regulate access to and from public streets through the subdivision process. In addition, local governments often control access to public streets through conditions placed on rezonings, or on site plans that are approved after subdivision or rezoning approvals. These powers do not extend to access to state highways, (which is controlled by the State of Colorado) unless the state has granted that authority to the local government.

§ 4.12.2—State Controls

• C.R.S. § 43-2-147

Since 1979, the Colorado Department of Transportation (CDOT) has had authority to regulate vehicular access to state highways and to allow local governments to regulate access to state highways, as well as county roads and city streets. CDOT's access regulations are compiled in the State Highway Access Code (Access Code).¹⁶⁹ The first Access Code was adopted by the State Highway Commission in 1981. It has since been revised periodically, and the most recent version of the Access Code can be found in the Colorado Code of Regulations at 2 C.C.R. 601-1. Many counties and municipalities have also adopted regulations that are modeled after the Access Code. CDOT commonly delegates authority to counties and municipalities to regulate access to state highways that are located within their jurisdictions.

The Access Code limits the access from private property to state highways. While the Access Code does guarantee at least one point of ingress and egress to property that has no other access to the general street system, if the property has access to streets other than the state highway, access to the state...