Louisiana Administrative Code
Title 70 - TRANSPORTATION AND DEVELOPMENT
Part I - Highway Construction
Chapter 11 - Traffic Impact Policy for New Access Requests Affecting Traffic on State Highways
Section I-1101 - Traffic Impact
Universal Citation: LA Admin Code I-1101
Current through Register Vol. 50, No. 3, March 20, 2024
A. Purpose
1. The Louisiana Department of Transportation
and Development (LADOTD) has a responsibility to design, operate and maintain
highway facilities that are reasonably safe and efficient for prudent drivers
using the highway system. At the same time DOTD must allow all property owners
reasonable access to the highway system.
2. In an effort to balance these often
conflicting needs, this Section was developed to ensure that new or expansion
of existing developments generating significant traffic on state highways are
evaluated in a consistent manner by using objective data to facilitate
decision-making.
3. The department
shall review the effectiveness, applicability and efficiency of this rule
annually. Changes to this Section shall be promulgated as applicable.
Recommendations for change shall be forwarded to the DOTD traffic impact
engineer.
B. Applicability
1. This Section applies to new
or expanding developments, typically generating 100 hourly trips in the peak
direction on state highways.
2.
This Section also applies to developments on local public or private streets,
with an access point within 0.25 of a mile of a state highway.
3. These developments include, but are not
limited to:
a. new businesses;
b. new subdivisions;
c. new apartment complexes;
d. additions to existing
subdivisions;
e. additions to
existing apartment complexes;
f.
new streets and/or traffic control devices;
g. new schools;
h. minor developments in traffic networks
that are already congested;
i.
hospitals; and
j. large commercial
or industrial complexes.
4. Additional requirements (such as analysis
of nearby major intersections as determined by DOTD) may be necessary for large
commercial centers and regional shopping malls.
5. This Section, in certain situations, may
apply to new, smaller developments located on congested highway corridors, as
determined by the district traffic operations engineer. Congested highways are
discussed in the traffic impact policy referenced in Paragraph E.1.
6. The district traffic operations engineer
may, in his discretion, waive the requirement for a traffic impact study for
developments marginally meeting minimum traffic thresholds.
C. This Section does not apply to the following:
1. access to interstate and
other controlled-access facilities;
2. individuals requesting single-family
residential access; or
3. access to
local public and private streets for developments which are greater than 0.25
of a mile from the state system.
D. Pre-Application Procedure
1. Prior to any permit requests, land
developers shall meet with the DOTD district traffic operations engineer and
the district permit specialist for a pre-application meeting during preliminary
site planning for the development. The purpose of this meeting is to discuss
the proposed development and determine if a traffic impact study is
warranted.
2. The developer shall
be notified within seven calendar days after the pre-application meeting
whether or not a traffic impact study is required. The decision will be based
on the preliminary site plan layout and anticipated additional
traffic.
3. The DOTD will
coordinate with the appropriate local authorities for developments not abutting
the state highway system.
E. Traffic Impact Study
1. When a traffic impact study is required by
DOTD, it shall be prepared and sealed by a professional engineer licensed by
LAPELS, before an application for access is submitted. The study will include
all information as outlined in the DOTD traffic impact policy, a detailed
guidance document which includes forms, roadway classification, traffic volume
criteria and mitigation strategies. This document may be obtained from the
district office, or the department's website, or from DOTD headquarters in the
office of the traffic impacts engineer. The purpose of the traffic impact study
is to:
a. determine existing traffic
conditions on the network surrounding the proposed development;
b. estimate the traffic likely to be
generated by the proposed development which is within the sole purview of the
Department of Transportation and Development;
c. assess the impact of additional traffic on
the existing and future road network system at full build out and the
anticipated construction phasing; and
d. identify effective roadway improvements
and/or changes in the site plan of the proposed development that will minimize
impact to the state highway system.
F. Responsibilities of the Developer
1. The developer is responsible for
mitigating traffic caused by the development.
2. All road improvements constructed by the
developer shall comply with the latest DOTD standards and
specifications.
G. Letters of Compliance
1. No permit
applications will be accepted until DOTD provides the developer with a letter
of compliance indicating the approval of the traffic impact study and the
traffic mitigation required.
2. The
letter shall be attached to any permit application.
H. Traffic Mitigation
1. Traffic Mitigation is a roadway
improvement or improvements designed to minimize congestion and improve the
safety of the highway system.
2.
The required mitigation shall be constructed prior to completion of the new
development.
3. Types of mitigation
include, but are not limited to:
a. turn
lanes;
b. traffic signal
upgrades;
c. traffic control
devices;
d. signal
phasing/timing/interconnect;
e.
raised medians;
f. roadway
widening;
g. restricted turning
movements;
h. right-of-way
donation; and
i. roadway
resurfacing.
I. Approval Process
1. The office of the DOTD district traffic
operations engineer and the DOTD Headquarters (HQ) traffic impact engineer, if
requested for a joint review, will review the traffic impact study. The
department shall take one of the following actions.
a. Approve the traffic impact study submitted
by the developer and recommend mitigation to minimize traffic impacts. The DOTD
HQ traffic impact engineer will provide the developer with a letter of
compliance to indicate approved traffic impact study and mitigation. The
developer may apply for access, driveway, project, or traffic signal
permits.
b. Recommend alternative
mitigation procedures to minimize traffic impacts.
c. Deny the traffic impact study and/or the
recommended mitigation. If it is denied, no further reviews will be made. The
developer may request a new review based on revisions to the traffic impact
study and recommended mitigation for the proposed development, or the developer
may appeal the decision.
J. First Level Appeals Process
1. Following are provisions for a first level
appeal of the traffic impact review process for developers which disagree with
the DOTD decision on traffic mitigation.
2. The traffic impact review committee shall
be composed of representatives of the following divisions within the DOTD. Each
member may appoint a substitute if he or she is unable to attend a meeting:
a. maintenance (access management engineer or
his designee) (nonvoting);
b.
legal;
c. traffic engineering (two
or more personnel/designees); and
d. district traffic operations engineer or
his designee from the particular district in which the development is located
(nonvoting).
3. The
traffic impact review committee, pursuant to a majority vote, may arbitrate and
resolve disputes which arise during the review process and grant or deny relief
to appealing parties.
4. The
appealing party must bring his/her complaint before the traffic impact review
committee no later than 30 calendar days after notification of the decision of
DOTD.
5. Upon receipt of the
appeal, the traffic impact review committee will schedule a meeting to review
the appeal. The meeting will be scheduled not earlier than 14 calendar days and
not more than 39 calendar days after receipt of the appeal. The traffic impact
review committee shall give due notice of the meeting time and place to those
filing the appeal and shall render a decision on its action within 14 calendar
days of its meeting. The maintenance division shall also be notified of the
pending requirements for permit purposes.
6. The party appealing the decision shall
submit the written reason for the appeal, together with any supporting
documents deemed applicable by the developer, to the Department of
Transportation and Development, Traffic Engineering Development Section, 1201
Capitol Access Road, Baton Rouge, LA 70802. Such submittal must be received at
least 14 calendar days before the Traffic Impact Review Committee
meeting.
7. The submittal will be
checked by the department within 14 calendar days of its receipt. If the
information deemed necessary for a proper review is not complete, the appealing
party will be notified and the appeal will then be postponed at least one
month.
8. The party submitting the
appeal may appear before the traffic impact review committee to offer a brief
explanation of the complaint.
9.
Failure to submit an appeal in a timely manner shall constitute a denial of the
traffic impact appeal.
K. Second Level Appeals Process
1. Should the appeal of the developer be
rejected by the traffic impact review committee, the developer may appeal the
decision in writing within 30 calendar days from receipt of the initial
decision to the Department of Transportation and Development, Attn: Deputy
Secretary, 1201 Capitol Access Road, Baton Rouge, LA 70802.
2. The second traffic impact review committee
shall be composed of the following:
a. the
chief engineer or his designee;
b.
the deputy secretary or his designee; and
c. the general counsel or his
designee.
3. A decision
will be based upon a majority vote and shall be made within 14 calendar days
from the date that the appeal was received. It shall be served on the appealing
party by registered or certified mail.
4. The second level appeal shall include any
correspondence from the first level traffic impact review committee.
L. Third Level Appeals Process-the Secretary
1. The secretary or his designee
shall have the authority to review any appeal by an aggrieved party from a
determination pursuant to the foregoing appeals processes.
2. Such review may be made pursuant to an
appeal filed by the developer within 30 calendar days from his receipt of the
second level decision or it may be made on the secretary's own
motion.
3. A decision shall be made
within 14 calendar days from the day that the appeal was received and shall be
served on the appealing party by registered or certified mail.
4. This appeal shall include any
correspondence from the first and second level traffic impact review
committees.
AUTHORITY NOTE: Promulgated in accordance with R.S. 32:2, and R.S. 48:344 et seq.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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