Sec. 13b-26. Alteration of state highway system.
Sec. 13b-26. Alteration of state highway system. (a) The commissioner shall
make such alterations in the state highway system as he may from time to time deem
necessary and desirable to fulfill the purposes of this chapter and title 13a. In making any
such alteration he shall consider the best interest of the state, taking into consideration
relevant factors including the following: Traffic flow, origin and destination of traffic,
integration and circulation of traffic, continuity of routes, alternate available routes and
changes in traffic patterns. The relative weight to be given to any factor shall be determined by the commissioner. All alterations in said highway system shall be consistent
with the comprehensive long-range master transportation plan. Each biennium the commissioner shall notify all members of the General Assembly of the availability of the
plan. A member requesting a plan shall be sent a written copy or electronic storage
media of the plan by the commissioner.
(b) The commissioner may plan, design, lay out, construct, alter, reconstruct, improve, relocate, maintain, repair, widen and grade any state highway whenever, in his
judgment, the interest of the state so requires. Except when otherwise provided by statute, he shall exercise exclusive jurisdiction over all such highways, and shall have the
same powers relating to the state highway system as are given to the selectmen of towns,
the mayor and common council of any city and the warden and burgesses of any borough
in relation to highways within their respective municipalities. In laying out or building
a state highway the commissioner shall follow the procedures of sections 13a-57 and
13a-58.
(c) The commissioner, where necessary in connection with the construction, reconstruction, repair or relocation of a state highway, may relocate, reconstruct or adjust the
grade or alignment of any locally maintained highway using standards of construction
resulting in safety and convenience. Any highway so changed shall continue to be maintained by the town, city or borough after the completion of such construction, reconstruction, repair or relocation.
(d) The commissioner is authorized and directed, to the full extent but only to the
extent permitted by moneys and appropriations becoming available under sections 13a-184 to 13a-197, inclusive, or any other law but subject to approval by the Governor of
allotment thereof, forthwith to undertake and proceed with the projects prescribed in
section 13a-185 and, to that end, said commissioner with respect to any such project is
authorized to do and perform any act or thing regarding the projects which is mentioned
or referred to in said section 13a-185.
(e) Subject to the limitations referred to in subsection (d) of this section and in order
to effectuate the purposes of said subsection, said commissioner is authorized (1) to
plan, design, lay out, construct, reconstruct, relocate, improve, maintain and operate the
projects, and reconstruct and relocate existing highways, sections of highways, bridges
or structures and incorporate or use the same, whether or not so reconstructed or relocated
or otherwise changed or improved, as parts of such projects; (2) to retain and employ
consultants and assistants on a contract or other basis for rendering professional, legal,
fiscal, engineering, technical or other assistance and advice; and (3) to do all things
necessary or convenient to carry out the purposes and duties and exercise the powers
expressly given in said sections 13a-184 to 13a-197, inclusive. Except as otherwise
stated in subsection (d) of this section, nothing contained in said sections 13a-184 to
13a-197, inclusive, shall be construed to limit or restrict, with respect to the projects,
any power, right or authority of the commissioner existing under or pursuant to any
other law.
(f) (1) Whenever a state of emergency, as a result of a disaster, exists in the state
or any part of the state, and is so declared to be under the provisions of any federal law
or state statute, and the state highway system becomes damaged as a result of such
disaster, or (2) whenever the commissioner declares that an emergency condition exists
on any highway in the state which demands immediate attention to insure the safety of
the traveling public, whether or not such highway is damaged, the commissioner may,
notwithstanding any other provision of the statutes, employ, in any manner, such assistance as he may require to restore said highway system to a condition which will provide
safe travel or to correct the emergency condition so declared by the commissioner.
(1969, P.A. 118; 768, S. 22; P.A. 85-613, S. 114, 154; July Sp. Sess. P.A. 85-1, S. 10, 15; P.A. 87-300, S. 1, 3; P.A.
98-222, S. 3.)
History: 1969 P.A. 118, which in fact amended Sec. 13a-3(h), the prior statute addressing this subject matter and which
was repealed by 1969 P.A. 768, S. 243, added provisions which, among other things, authorized the commissioner to
declare emergency condition to exist whether or not the highway is damaged and also to correct the emergency condition;
1969 P.A. 768, S. 22 created present Sec. 13b-26 and the previously mentioned new provisions in 1969 P.A. 118 were
incorporated in Subsec. (f); P.A. 85-613 made technical changes, substituting references to Sec. 13a-197 for references to
Sec. 13a-198; July Sp. Sess. P.A. 85-1 amended Subsec. (f) by adding provisions re disapproval of declarations by board;
P.A. 87-300 amended Subsec. (f) by eliminating reference to the transportation accountability board's power to disapprove
declarations, in keeping with termination of board's existence; P.A. 98-222 amended Subsec. (a) by replacing the report
to the legislature with a requirement that the commissioner notify all members of the General Assembly that the plan is
available upon request in a written format or as electronic storage media.
Cited. 202 C. 158.
Subsec. (f):
Cited. 204 C. 212.