§17-4-49 Same -- Points of commercial, etc., access to comply; plans, objections and procedures for new points; review of and changes in existing points; commissioner's preliminary determination.
§17-4-49. Same -- Points of commercial, etc., access to comply; plans, objections and procedures for new points; review of and changes in existing points; commissioner's preliminary determination.
(a) No new points of access to and from state highways from and to real property used or to be used for commercial, industrial or mercantile purposes shall be opened, constructed or maintained without first complying with the provisions of this section and sections forty-seven and forty-eight of this article. Access points opened, constructed or maintained without such compliance are deemed unauthorized.
(b) Plans of any such new point of access shall be submitted to the state road commissioner directly, and the following rules shall apply:
(1) Notice of the proposed new point of access shall be filed with the commissioner, along with a plan of the proposed new point of access.
(2) The commissioner shall review the plan to insure compliance with the policies stated in section forty-seven of this article and with any regulations issued by the commissioner under section forty-eight of this article.
(3) The commissioner shall reduce his objections to the proposed new point of access, if any, to writing and promptly furnish notice of such objection to the owner or owners of the real property affected and of their right to demand a hearing thereon. A plan not so objected to within six weeks from the time it is filed with the commissioner shall be deemed to have been approved by the commissioner.
(4) In any case where the commissioner so objects to the proposed new point of access, the owner or owners of the real property affected shall have reasonable opportunity for a hearing on such objections.
(c) (1) Existing points of access to and from state highways from and to real property used for commercial, industrial or mercantile purposes may be reviewed by the commissioner to determine whether such points of access comply with the policies stated in section forty-seven of this article and with any regulations issued by the commissioner under section forty-eight of this article. The commissioner may direct reasonable changes in existing points of access to and from state highways from and to property used for commercial, industrial or mercantile purposes if he determines from accident reports or traffic surveys that the public safety is seriously affected by such points of access and that such reasonable changes would substantially reduce the hazard to public safety. When such changes require construction, reconstruction or repair, such work shall be done at state expense as any other construction, reconstruction or repair.
(2) If the commissioner makes a preliminary determination that any such changes should be made, the following rules shall apply:
(a) The commissioner shall reduce his preliminary determination to writing and promptly furnish notice of such preliminary determination to the owner or owners of the real property affected and of their right to demand a hearing thereon. Such notice shall include a description of suggested changes deemed by the commissioner suitable to reduce the hazard to the public safety.
(b) In any case where the commissioner makes a preliminary determination that any such changes should be made, the owner or owners of the real property affected shall have reasonable opportunity for a hearing on such preliminary determination.