Louisiana 2012 Regular Session

Louisiana House Bill HCR12 Latest Draft

Bill / Introduced Version

                            HLS 12RS-511	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE CONCURRENT RESOLUTI ON NO. 12
BY REPRESENTATIVE JIM MORRIS
TRANSPORTATION:  Amends administrative rules relative to access connection
requirements
A CONCURRENT RESOLUTI ON1
To amend the Department of Transportation and Development rules LAC 70:I.1521(B)(5)2
and 1531(B) and to repeal LAC 70:I.1533(E), which provides for access connection3
requirements and access connection design requirements, and to direct the office of4
the state register to print the amendments in the Louisiana Administrative Code.5
WHEREAS, certain access connection requirements of the Department of6
Transportation and Development call for unnecessary traffic impact studies; and7
WHEREAS, the placement of hard-surface driveways on single-family residential8
access connections is an overwhelming burden on these families; and9
WHEREAS, R.S. 49:969 provides that "the legislature, by concurrent resolution,10
may suspend, amend, or repeal any rule or regulation or body of rules or regulations adopted11
by a state department, agency, board, or commission".12
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC13
70:I.1521(B)(5) and 1531(B) are hereby amended to read as follows:14
§1521. Access Connection Requirements15
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B.17
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5. Requests for access connections in excess of one access connection or for19
an access connection on a state route where non-state route access exists must be20 HLS 12RS-511	ORIGINAL
HCR NO. 12
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reviewed and approved by the district engineer administrator. Such requests shall be1
accompanied by a traffic impact study. This study shall comply with the guidelines2
and policies set forth by the DOTD for such studies. In order to consider an3
additional access connection or an access connection on a state route where non-state4
route access exists, the study shall show that the lack of the requested access5
connections causes unreasonable negative impacts to the traffic flow in the vicinity6
of the property and shall demonstrate that an additional access connection will7
contribute to the overall improvement of the safety and efficiency of the adjacent8
roadways and of the transportation system. However, the district engineer9
administrator may evaluate a right-in/right-out as a secondary driveway and waive10
the requirement of a traffic impact study.11
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§1531.Design Requirements13
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B. All single-family residential and traffic generator access connections shall15
be constructed with permanent hard surface type materials (i.e. asphalt or concrete)16
as shown on the standard plans for access connections. Aggregate access connections17
shall not be permitted within the right-of-way for these types of connections. The18
hard surface type materials shall extend the following distances from the edge of19
pavement: 25 feet from the edge of pavement.20
1. single-family residential access connections: 10 feet from the edge of21
pavement;22
2. traffic generator access connections: 25 feet from the edge of pavement.23
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BE IT FURTHER RESOLVED that LAC 70:I.1533(E) is hereby repealed in its25
entirety.26
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the27
office of the state register.28 HLS 12RS-511	ORIGINAL
HCR NO. 12
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
BE IT FURTHER RESOLVED that the office of the state register is hereby directed1
to have the amendments to LAC 70:I.1521(B)(5) and 1531(B) printed and incorporated into2
the Louisiana Administrative Code.3
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
Jim Morris	HCR No. 12
Amends LAC 70:I.1521(B)(5) and 1531(B) of the rules and regulations promulgated by the
Dept. of Transportation and Development, relative to access connection requirements and
access connection design requirements.  Provides that the district engineer administrator may
evaluate a right-in/right-out as a secondary driveway and waive the requirement of a traffic
impact study. Further eliminates the requirement that single-family residences have a hard-
surfaced driveway.
Repeals LAC 70:I.1533(E), which requires the services of an independent DOTD-approved
inspector be obtained to inspect the construction of all DOTD-required improvements in the
DOTD right-of-way.
Directs the office of the state register to print the amendment to LAC 70:I.1521(B)(5) and
1531(B) in the La. Administrative Code.
(Amends LAC 70:I.1521(B)(5) and 1531(B); Repeals LAC 70:I.1533(E))