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Regular Session, 2013
HOUSE CONCURRENT RESOLUTI ON NO. 9
BY REPRESENTATIVES GUINN, GISCLAIR, AND ST. GERMAIN
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
TRANSPORTATION DEPT: Amends and repeals DOTD administrative rules pertaining
to access permits
A CONCURRENT RESOLUTI ON1
To amend the Department of Transportation and Development rules LAC 70:I.1521(B)(3)2
and to repeal LAC 70:I.1513(C), (D)(4) and (5), and 1521(B)(4) and (5), which3
provides for requirements for access connection permits, to delete references to4
single access connections; to repeal requirements for traffic studies to be conducted5
for access connection permits; and to direct the office of the state register to print the6
amendments in the Louisiana Administrative Code.7
WHEREAS, certain access connection permit requirements of the Department of8
Transportation and Development call for costly traffic impact studies to be conducted at the9
cost of the applicants; and10
WHEREAS, in order for the Department of Transportation and Development to11
consider granting these access connections, the traffic studies must show that the lack of12
requested access connections unreasonably negatively impacts traffic flow or that additional13
access connections will contribute to the overall improvement and safety of the roadways14
and transportation system; and15
WHEREAS, the cost of these traffic impact studies is an overwhelming burden on16
applicants who are attempting to operate businesses in the state; and17
WHEREAS, the lack of certain access connections can negatively affect a business18
in that it may cause potential customers to go elsewhere; and19
WHEREAS, these rules, as written and applied, stifle commerce; and20 HCR NO. 9
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WHEREAS, R.S. 49:969 provides that "the legislature, by Concurrent Resolution,1
may suspend, amend, or repeal any rule or regulation or body of rules or regulations adopted2
by a state department, agency, board, or commission".3
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC4
70:I.1521(B)(3) is hereby amended to read as follows:5
ยง1521. Access Connection Requirements6
* * *7
B. The granting of access shall adhere to the following decision hierarchy.8
* * *9
3. The DOTD may require adjacent properties to share access through a10
single access point. If shared access is required by the DOTD, a copy of the shared11
access agreement shall be submitted to the DOTD as part of the driveway permit and12
shall be signed by all involved property owners. If an applicant does not meet the13
minimum requirements for a single access connection, and the adjacent properties14
do not have existing access connections, the DOTD may issue an access connection15
permit with the condition that the permitted access connection shall be placed along16
the property line with the stipulation that upon development of the adjacent property,17
the permitted access connection shall be shared and any reconstruction or18
reconfiguration required at the future time shall be the responsibility of the19
permittee(s).20
* * *21
BE IT FURTHER RESOLVED that LAC 70:I.1513(C), (D)(4) and (5), and22
1521(B)(4) and (5) are hereby repealed in their entirety.23
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the24
office of the state register.25
BE IT FURTHER RESOLVED that the office of the state register is hereby directed26
to have the amendments to LAC 70:I.1521(B)(3) printed and incorporated into the Louisiana27
Administrative Code.28 HCR NO. 9
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are additions.
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)]
Guinn HCR No. 9
Amends LAC 70:I.1521(B)(3) of the rules and regulations promulgated by the Dept. of
Transportation and Development, relative to the sharing of access through a single access
point for adjacent properties. Modifies the administrative rule to only provide that if shared
access is required by the DOTD, a copy of the shared access agreement must be submitted
to the DOTD as part of the driveway permit and must be signed by all involved property
owners.
Repeals LAC 70:I.1513(C), (D)(4), and (5) and 1521(B)(4) and (5) regarding certain
processes for acquiring access connection permits, including possible requirements,
depending on department policy, relative to traffic impact and signal studies and the review
and approval process. Repeals the requirement for a traffic impact study for a request for
an access connection on a state route where alternative access connection opportunities exist
on nonstate routes. Also, repeals the requirement for a traffic impact study and department
approval for access connections in excess of one access connection or for an access
connection on a state route where nonstate route access exists.
Directs the office of the state register to print the amendment to LAC 70:I.1521(B)(3) in the
La. Administrative Code.
(Amends LAC 70:I.1521(B)(3); Repeals LAC 70:I.1513(C), (D)(4) and (5), and 1521(B)(4)
and (5))