Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO:
KRS
175.450(7), (9),
176.050(1)(i),
177.106,
177.230,
177.240(1),
177.315,
177.410(8),
177.440
NECESSITY, FUNCTION, AND CONFORMITY: KRS Chapter 177 provides
the authority to define, design, construct, and maintain highways whereby the
access is controlled. This administrative regulation sets forth procedures to
designate or modify the type of control to be utilized.
Section 1. Definitions.
(1) "Access by permit" means all highways
designated as access by permit on the department's plans.
(2) "Access control" means the condition
where the privilege to access a highway by abutting owners, occupants, or other
persons is controlled by public authority. Types of access control include
access by permit, fully-controlled access, and partially-controlled
access.
(3) "Commissioner" means
the Commissioner of Highways.
(4)
"Department" is defined by
KRS
176.010(1).
(5) "Department's plans" means the
department's current plans which are based upon plans made at the time of
contract letting together with any subsequent changes in access control made in
conformance with applicable laws and administrative regulations.
(6) "Fully-controlled access" means all
highways which give preference to through traffic and which shall have access
only at selected public roads or streets and which shall have no highway at
grade crossings or intersections. The termini for control of access shall be as
shown on the department's plans.
(7) "Partially-controlled access" means all
highways which give preference to through traffic. However, access to selected
public roads and streets may be provided and there may be some highway at grade
intersections and private driveway connections as shown on the department's
plans. The termini for control of access shall be as shown on the department's
plans.
(8) "Railroad access" means
an approved access point to a highway which is used for railroad maintenance
purposes only and which is specifically shown on the department's
plans.
(9) "Rural" means all areas
other than urban.
(10) "Urban"
means areas of residential, commercial or industrial developments of sufficient
concentration that they constitute or are characteristic of a city which
necessitates, for safety reasons, reduced highway speed limits to forty-five
(45) MPH or less, excluding speed limits on interstate systems.
Section 2. Title Block. One (1) of
the three (3) boxes shown below shall be placed on the title sheet and summary
sheet of the plans for all state and federal-aid projects. Applicable notes may
be inserted in the box.
THIS PROJECT IS A FULLY
CONTROLLED ACCESS HIGHWAY
|
THE CONTROL OF ACCESS ON THIS
PROJECT
SHALL BE BY PERMIT
|
THIS PROJECT IS A PARTIALLY
CONTROLLED
ACCESS HIGHWAY. ACCESS SHALL
|
BE ALLOWED
ONLY WHERE SPECIFICALLY SHOWN
ON PLANS
|
Section
3. Access: Additions and Alterations.
(1) On all highways where access control is
by permit, the department has established criteria for modifying existing
access or allowing additional access points that considers the safety and the
interest of the highway users. Permits may be issued by the department for
additional access provided they are in conformance with the department criteria
in
603 KAR
5:150.
(2)
On all highways where access is "fully controlled," additional accesses shall
be granted only by constructing new interchanges, with grade separations where
applicable. Design of these new interchanges shall be in conformance with the
department's current design standards.
(3) On all highways where access is
"partially controlled," the department may permit relocation or shifting of
existing access points, addition of new access points, elimination of existing
access points, or modification of access points under the following
circumstances:
(a) An access point may be
relocated, eliminated or shifted by the Transportation Cabinet. The access
shall remain on the same side of the highway, cannot go beyond another existing
entrance and shall meet minimum spacing as established by
KRS
177.315 and shall be an improvement based on
standard engineering practices and safety criteria. The offset distance between
access points located on opposite sides of the highway shall not be less than
the minimum spacing distance established in
KRS
177.315.
(b) Additional access points may be permitted
provided the criteria established by
KRS
177.315 are followed and a permit request is
processed as set forth in Section 4 of this administrative regulation in
accordance with the procedures set forth in Section 5 of this administrative
regulation. The offset distance between access points located on opposite sides
of the highway shall not be less than the minimum spacing distance established
in
KRS
177.315.
(4) When a previous decision specifying
access control is no longer necessary, as determined by the department, the
department may change the access control designation to the extent justified in
accordance with procedures outlined in Section 5 of this administrative
regulation.
(5) If the railroad
tracks which justify railroad access to a highway are no longer usable or the
property on which the tracks lie has been sold for nonrail purposes, railroad
access shall no longer be allowed at that point. In such instances the
department shall not be required to alter its plans. If the property owner
wishes to apply for access, he may do so in accordance with the provisions of
this administrative regulation and
603 KAR
5:150.
Section 4. Processing Requests for Changes in
Access by Permit Applicants.
(1) Any firm,
individual or governmental agency which owns property adjacent to a
state-maintained highway may apply for a permit from the Department of Highways
for access to that highway. Application shall be made on Transportation Cabinet
Form TC 99-1, Encroachment Permit revised 3/99.
(2) All permit applications involving access
shall be filed with the department's district office for the county in which
the requested access point is located.
(3) Permit applications affecting highways
where access control is by permit may be approved or disapproved at the
district level or submitted to higher authority in accordance with procedures
established in
603 KAR
5:150. Permit applications affecting highways where
access is fully or partially controlled may be disapproved at the district
level, or submitted to the State Highway Engineer with or without a
recommendation for approval. If the district office disapproves an application
for permit, the applicant shall be notified in writing of the reasons for
disapproval.
(4) The State Highway
Engineer shall review the application for a permit for access to a fully or
partially controlled highway and obtain the recommendations of the Directors of
the Divisions of Maintenance, Traffic, Construction, Right-of-way and Design of
the department in addition to the Federal Highway Administration and Turnpike
Engineer Consultant when applicable. The State Highway Engineer shall submit
his recommendation, together with the various recommendations received by him,
to the commissioner.
(5) Except as
provided in Section 3(3)(a) of this administrative regulation, when the State
Highway Engineer recommends approval of a permit request where access control
is full or partial, the commissioner shall provide an opportunity for a public
hearing to be held in accordance with
600 KAR 1:030. After
reviewing the results of the hearing, the Commissioner of Highways shall make
the final decision and advise the State Highway Engineer to implement the
decision. The department shall then notify the applicant of the final decision
on the application.
(6) When
approval is given, the department may require the applicant to furnish
documentation contained in
603 KAR
5:150 prior to issuing a permit for the construction
of the additional access. Also, prior to issuance of the permit, the owner of
the property shall compensate the Department of Highways for any increase in
value to the affected property attributable to the new access based on before
and after value appraisals by the Department of Highways. The property owner
shall also reimburse the department for administrative expenses incurred in
processing the permit, reviews, hearing and appraisals. The cost of
construction and maintenance of the new access shall be borne by the property
owner(s).
Section 5.
Procedures for Changing the Type of Access Control on an Existing Highway
Facility.
(1) All requests for changing the
type of access control on an existing roadway shall be forwarded to the State
Highway Engineer.
(2) Access
restrictions may be reduced to a level capable of meeting traffic control needs
when no significant detriment to highway safety will occur under the following
circumstances:
(a) The existing roadway has
been replaced by a parallel route which takes traffic away from the existing
roadway and the function of the highway has been officially reduced; for
example, arterial to collector; or
(b) An analysis of the original traffic
projections are made and it is determined that the entire corridor has been
constructed and potential land use developments have been
accomplished.
(3) More
restrictive control of access may be established when necessary to meet highway
safety requirements and traffic control needs.
(4) The State Highway Engineer shall review
the request and obtain the recommendations of the Directors of the Divisions of
Maintenance, Traffic, Construction, Right-of-Way and Design of the department
in addition to the Federal Highway Administration and Turnpike Engineer
Consultant when applicable. The State Highway Engineer shall submit his
recommendation, together with the various recommendations received by him, to
the commissioner who in accordance with
600 KAR 1:030 shall
provide an opportunity for a public hearing to be conducted. After reviewing
the results of the hearing, the commissioner shall make the final decision and
advise the State Highway Engineer to implement the decision.
(5) The department shall modify the plans and
deeds when applicable.
(6) In
situations where more restrictive access control is imposed, the department
shall provide reasonable access or shall compensate the property owner(s) for
loss of reasonable access.
(7) The
Commissioner of Highways may make any exceptions to the procedures set forth in
this section as are deemed necessary in order to comply with all applicable
federal laws and regulations.
Section
6. Revised Deed. Every deed of conveyance of property acquired by
the department for purposes of right-of-way for any state or federal project
shall, in addition to the official order number, show the designation of the
type of access highway involved as defined in Section 1 of this administrative
regulation. If new access is allowed, the deed of conveyance shall be modified
by filing a deed of correction at the expense of the property owner who applied
for the permit if deemed necessary by the department.
Section 7. Record Availability. The
department shall maintain records for public inspection at its office in
Frankfort, Kentucky, of all completed state and federal projects, together with
the designation of the type of access to be allowed on the project as defined
in Section 1 of this administrative regulation.
Section 8. Request for Reconsideration. Any
firm, individual or governmental agency who has had an application for permit
disapproved at the district office may file a request for reconsideration of
the decision by the State Highway Engineer. The request shall be submitted to
the highway district office. The request shall include a copy of the
disapproved application, the letter of disapproval from the district office and
a listing of the reasons why the applicant believes the district office's
decision should be reconsidered. The district office shall then forward the
request to the central office. The State Highway Engineer shall issued the
department's final approval or disapproval.
Section 9. Incorporation by Reference.
(1) Transportation Cabinet form TC 99-1,
"Encroachment Permit" revised 3/99 is incorporated by reference.
(2) This material may be inspected, copied,
or obtained Monday through Friday between 8 a.m. and 4:30 p.m. at:
(a) Office of Policy and Budget, Policy and
Procedures Branch, Transportation Cabinet, State Office Building, Frankfort,
Kentucky 40622;
(b) Division of
Traffic, State Office Building, Frankfort, Kentucky 40622; or
(c) Any of the twelve (12) highway district
offices.
11 Ky.R. 1225;
eff. 3-12-1985; 14 Ky.R. 1648; 1917; eff. 4-14-1988; 26 Ky.R. 1032; 1412; eff.
1-13-2000; Crt eff. 4-1-2019.
STATUTORY AUTHORITY:
KRS
174.080(2),
175.450(7),
(9),
176.050(1)(i),
177.230,
177.240(1),
177.410(6),
(8)