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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.1501(C),2
1515(D), (G), (H), (I), and (J), 1519(B), (C), and (D), 1521(A)(2) and3
(a)(introductory paragraph), (4), and (5), (B)(1), (4), and (5), and (E), 1529(C),4
1531(B), (C), (D), and (E), 1533(E), 1535(B), and 1541(B), to enact LAC5
70:I.1501(E), and to repeal LAC 70:I.1515(K) and 1531(F), which provide for6
requirements for access connection permits; to provide for access connection permit7
conditions and requirements; to provide for permit reapplication and modifications8
to existing commercial access connections; to provide for access connection design9
requirements; to provide for related matters; and to direct the Office of the State10
Register to print the amendments and enactments in the Louisiana Administrative11
Code. 12
WHEREAS, certain access connection permit requirements of the Department of13
Transportation and Development call for difficult processes to obtain access connections14
and costly traffic impact studies to be conducted at the cost of the applicants; and15
WHEREAS, in order for the Department of Transportation and Development to16
consider granting these access connections, the traffic studies must show that the lack of17
requested access connections unreasonably negatively impacts traffic flow or that additional18
access connections will contribute to the overall improvement and safety of the roadways19
and transportation system; and20 HCR NO. 9
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WHEREAS, the cost of these traffic impact studies is an overwhelming burden on1
applicants who are attempting to operate businesses in the state; and2
WHEREAS, the Department of Transportation and Development has enacted policies3
and administrative rules that place a burden on business and district administrators; and4
WHEREAS, the lack of certain access connections can negatively affect a business5
in that it may cause potential customers to go elsewhere; and6
WHEREAS, these rules, as written and applied, stifle commerce; and7
WHEREAS, a number of these policies have changed, but the changes to the8
administrative rules are not yet implemented; 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.1501(C), 1515(D), (G), (H), (I), and (J), 1519(B), (C), and (D), 1521(A)(2) and14
(a)(introductory paragraph), (4), and (5), (B)(1), (4), and (5), and (E), 1529 (C), 1531(B),15
(C), (D), and (E), 1533(E), 1535(B), and 1541(B) are hereby amended and LAC16
70:I.1501(E) is hereby enacted, to read as follows:17
§1501. Introduction18
* * *19
C. Incumbent with this is the obligation to protect the investment of the state20
in the highway system. Access connections granted by the DOTD can be restrictive.21
However, DOTD, through its district administrators, may grant exceptions to the22
restrictions set forth in this Chapter based upon the uniqueness of the environment23
in which access is sought.24
* * *25
E. The DOTD policy referred to throughout this Chapter is available on the26
DOTD website. 27
* * *28 HCR NO. 9
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§1515. Permit Conditions1
* * *2
D. The applicant may be required to post a bond in order to secure an access3
connection permit. If required, this This bond shall be required and posted in4
accordance with DOTD policy, and shall be an amount as identified by the DOTD5
district office as sufficient to cover the expenses of all work or improvements6
required within the DOTD right-of-way as a condition of an access connection7
permit. The cost of restoration shall be borne by the applicant. 8
* * *9
G. Post-construction inspections are mandatory for traffic generator access10
connections.11
H. After having been constructed, access connection(s) shall at all times be12
subject to inspection with the right reserved to require changes, additions, repairs,13
and relocations at any time considered necessary to permit the location and/or to14
provide proper and safe protection to life and property on or adjacent to the highway.15
The cost of making such mandated changes, additions, repairs, and relocations shall16
be borne by the applicant.17
I H. The relocations or alterations of any access, approach, or other18
improvement constructed on the right-of-way shall require a new permit re-19
evaluation of the access connection(s).20
J I. If the applicant is unable to commence construction within 12 months of21
the permit issue date, the applicant may request a six-month extension from the22
DOTD. No more than two six-month extensions may be granted under any23
circumstances. If the access connection is not constructed within 24 months from the24
permit issue date, the permit shall be considered expired. Any person wishing to25
reestablish an access connection permit that has expired shall begin again with the26
application procedures.27
K J. When the adjacent highway is under construction, a letter of no28
objection must shall be obtained from the highway contractor before the application29 HCR NO. 9
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can be approved and the permit can be issued. A copy of this letter shall be attached1
to the permit.2
* * *3
§1519. Permit Reapplication Re-evaluation and Modifications to Existing4
Commercial Access Connections5
* * *6
B. If the property is reconstructed/remodeled /redeveloped, the owner shall7
submit a request for a re-evaluation of the access connection(s) new application for8
an access connection permit. The new application evaluation shall contain all9
necessary information and documentation as described in Section entitled Process10
for Acquiring an Access Permit DOTD policies, as well as a copy of the old access11
connection permit.12
C. If the property owner reconstructs the access connection, a new access13
connection permit application request for re-evaluation shall be submitted. The14
DOTD reserves the right to make changes to the original permit during this process15
in order to improve safety and operations. 16
D. If DOTD road maintenance and/or construction operations affect the17
condition or necessitate the reconstruction, improvement, modification, or removal18
of an existing access connection, a re-evaluation of the access connection19
geometrics, location, etc., shall may be performed by the district traffic operations20
engineer. The access connection permit shall may be re-issued according to the most21
current DOTD standards, and DOTD reconstruction efforts shall follow these22
standards. The cost to reconstruct the access connection to the right-of-way shall be23
borne by the DOTD. Any additional costs to improve on-site conditions shall may24
be borne by the property owner. 25
* * *26
§1521. Access Connection Requirements27
A.28
* * *29 HCR NO. 9
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2. In addition, the following constraints shall apply.:1
a. Full access shall may not be granted within the functional influence area2
of the intersection. The influence area shall be as defined in DOTD policies. For3
purposes of this Chapter, the functional influence area of an intersection shall be4
defined as the area beyond the physical intersection of two roadways and/or access5
connection points that:6
* * *7
4. If the subject property is located at the intersection of two routes, an8
access connection may be permitted on one of the both routes, but one must be9
limited to right-in/right-out access. The determination of the access connection10
location locations and restrictions on each shall be at the discretion of the DOTD11
according to this rule and other applicable DOTD policies.12
5. The applicant shall provide sufficient on-site circulation to ensure the safe13
ingress and egress of vehicles on the site. This on-site circulation shall be contained14
within the owned owner's property boundaries and shall not encroach upon the right-15
of-way in any way. Adequate on-site vehicle storage shall be provided in order to16
prevent any overflow of queued/waiting traffic in the travel lane(s) of the adjacent17
roadway(s).18
* * *19
B. The granting of access shall adhere to the following decision hierarchy.:20
1. Each property or group of adjacent properties with a single owner or21
development plan shall may be granted no more than one access point, unless22
Paragraphs 4 and 5 of this Section are completed and approved. The DOTD reserves23
the right to limit access to adjacent properties to those access connections which 24 HCR NO. 9
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already exist. All properties shall receive adequate access, but that may be1
accomplished through required access sharing with a neighboring property.2
* * *3
4. A request for an access connection on a state route where alternative4
access connection opportunities exist on non-state route(s) shall may be accompanied5
by a traffic impact study. This study shall comply with the guidelines and policies6
set forth by the DOTD for such studies. In order to consider state route access in7
these cases, the study shall show that the lack of access on the state route causes8
unreasonable negative impacts to the traffic flow in the vicinity of the property.9
5. Requests for access connections in excess of one access connection or for10
an access connection on a state route where non-state route access exists must be11
reviewed and approved by the district engineer administrator. Such requests shall12
may be accompanied by a traffic impact study. This study shall comply with the13
guidelines and policies set forth by the DOTD for such studies. In order to consider14
an additional access connection or an access connection on a state route where non-15
state route access exists, the study shall show that the lack of the requested access16
connections causes unreasonable negative impacts to the traffic flow and safety in17
the vicinity of the property and shall demonstrate that an additional access18
connection will contribute to the overall improvement of the safety and efficiency19
of the adjacent roadways and of the transportation system.20
* * *21
E. Gates, fences, signage, landscaping, or other decorative or access-control22
features (i.e. gated subdivision) shall not be located within the right-of-way. Any23
such access-control feature shall be located so that a minimum storage of two24
vehicles (50' storage length minimum; greater distances may be required by the25
DOTD) is provided outside of the limits of the right-of-way. Gated access shall not26
be permitted as an approach to a traffic signal.27
* * *28 HCR NO. 9
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§1529. Access Connections on Roadways with Medians1
* * *2
C. All access on roadways with medians may be restricted to right-in/right-3
out movements only, and, if required, shall be constructed in such a way as to4
prevent any other movements. This shall apply to both residential and commercial5
access.6
* * *7
§1531. Design Requirements8
* * *9
B. All single-family residential and traffic generator access connections shall10
be constructed with permanent hard surface type materials (i.e. asphalt or concrete)11
as shown on the standard plans for access connections for a distance shown in DOTD12
policy. Aggregate access connections shall not be permitted within the right-of-way13
for these types of connections. The hard surface type materials shall extend the14
following distances from the edge of pavement:15
1. single-family residential access connections: 10 feet from the edge of16
pavement;17
2. traffic generator access connections: 25 feet from the edge of pavement.18
C. Non-commercial agricultural operations may not be required to be19
constructed of hard surface type materials.20
D. All entrances and exits shall be located so that drivers approaching or21
using them will have adequate sight distance in all directions along the highway in22
order to maneuver safely and without interfering with traffic. Minimum required23
sight distance shall be calculated using the methods outlined in the AASHTO24
Geometric Design Guide for sight distance based on the posted speeds of the25
adjacent roadway or a speed other than the posted speed limit for these calculations26
DOTD policies.27
ED. All access connections shall be designed and constructed in accordance28
with all DOTD plans and specifications regarding drainage requirements. Culvert29 HCR NO. 9
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sizes, proposed elevations, and proposed slopes shall be approved by the DOTD1
prior to issuance of an access connection permit. The DOTD may require a drainage2
study to be performed at the expense of the applicant.3
FE. Access connections shall be constructed according to DOTD Standard4
Plans and other applicable policies and provision provisions.5
* * *6
§1533. Construction Requirements7
* * *8
E. The services of an independent DOTD-approved inspector shall may be9
obtained required to inspect the construction of all DOTD-required improvements10
in the DOTD right-of-way. The inspection process shall be in accordance with11
current DOTD policy. The DOTD district office may elect to perform independent12
inspections of work. Satisfactory completion and acceptance of the improvements13
by DOTD will be based upon the reports received from the inspector(s).14
* * *15
§1535. Improvements to the Adjacent Transportation System16
* * *17
B. Mitigation, which may be required by the DOTD, may be determined18
through a complete traffic impact study and/or traffic signal study review process.19
Required mitigation shall be reviewed by the district engineer administrator. Any20
required mitigation shall be noted on the permit permit(s) as required in accordance21
with DOTD policies, and bond amounts shall be appropriate for such mitigation, if22
required.23
* * *24
§1541.Appeals Process25
* * *26
B. Appeals shall be filed in accordance with the DOTD appeals policies27
set forth in LAC 70:I.1101 et seq.28 HCR NO. 9
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BE IT FURTHER RESOLVED that LAC 70:I.1515(K) and 1531(F) are hereby1
repealed in their entirety.2
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the3
Office of the State Register.4
BE IT FURTHER RESOLVED that the Office of the State Register is hereby5
directed to have the amendments to LAC 70:I.1501(C), 1515(D), (G), (H), (I), and (J),6
1519(B), (C), and (D), 1521(A)(2) and (a)(introductory paragraph), (4), and (5), (B)(1), (4),7
and (5), and (E), 1529(C), 1531(B), (C), (D), and (E), 1533(E), 1535(B), and 1541(B) and8
the enactment of LAC 70:I.1501(E) printed and incorporated into the Louisiana9
Administrative Code.10
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
Present LAC 70:I.1501 specifies that incumbent with DOTD's obligation to protect the
investment of the state in the highway system the DOTD can be restrictive with granting
access connections.
Proposed LAC 70:I.1501 requires that the Department of Transportation and Development
(DOTD), through its district administrators, be allowed to grant exceptions to the restrictions
set forth in administrative rules for access connections based upon the uniqueness of the
environment in which access is sought and that the DOTD policy referred to throughout
DOTD administrative rules for access connections is available on the DOTD website.
Present LAC 70:I.1515 requires that relocations or alterations of any access, approach, or
other improvement constructed on the right-of-way shall require a new permit.
Proposed LAC 70:I.1515 requires that relocations or alterations of any access, approach, or
other improvement construction on the right-of-way require a re-evaluation of the accession
connection or connections, rather than a new permit.
Removes present language in LAC 70:I.1515(G) which requires that post-construction
inspections are mandatory for traffic generator access connections.
Present LAC 70:I.1519(B) requires that if a property is being
reconstructed/remodeled/redeveloped and contains an existing commercial access point then
the owner shall submit a new application for an access connection permit which shall contain
all information and documentation as described in present administrative rules.
Proposed LAC 70:I.1519(B) requires, rather than a new application, a request for a re-
evaluation of the access connection be submitted with all information required by DOTD
policies. HCR NO. 9
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are additions.
Present LAC 70:I.1519(C) requires that if a property owner reconstructs the access
connection, a new access connection permit application shall be submitted.
Proposed LAC 70:I.1519(C) requires that, rather than a new application, a request for a re-
evaluation of the access connection be submitted during this process in order to improve
safety and operations.
Present LAC 70:I.1519(D) provides that if DOTD road maintenance and/or construction
operations affect the condition or necessitate the reconstruction, improvement, modification,
or removal of an existing access connection, a re-evaluation of the access connection
geometrics, location, etc., shall be performed by the district traffic operations engineer. The
access connection permit shall be re-issued according to the most current DOTD standards,
and DOTD reconstruction efforts shall follow these standards. The cost to reconstruct the
access connection to the right-of-way shall be borne by the DOTD. Any additional costs to
improve on-site conditions shall be borne by the property owner.
Proposed LAC 70:I.1519(D) changes the present administrative rules from mandatory to
permissive.
Present LAC 70:I.1521(A)(2)(a) provides that full access shall not be granted within the
functional influence area of the intersection.
Proposed LAC 70:I.1521(A)(2)(a) specifies that full access may not be granted within the
functional influence area of the intersection. Also, specifies that the influence area shall be
defined in DOTD policies.
Present LAC 70:I.1521(A)(4) provides that if the subject property is located at the
intersection of two routes, an access connection may be permitted on one of the routes. The
determination of the access connection location shall be at the discretion of the DOTD
according to this rule and other applicable DOTD policies.
Proposed LAC 70:I.1521(A)(4) specifies that if the subject property is located at the
intersection of two routes, an access connection may be permitted on both routes, but one
must be limited to right-in/right-out access. The determination of the access connection
locations and restrictions on each shall be at the discretion of the DOTD according to this
rule and other applicable DOTD policies.
Present LAC 70:I.1521(B) provides that the granting of access shall adhere to a certain
decision hierarchy.
Present LAC 70:I.1521(B)(1) provides that each property or group of adjacent properties
with a single owner or development plan shall be granted no more than one access point,
unless certain other portions of administrative rules pertaining to traffic studies are
completed and approved.
Proposed LAC 70:I.1521(B)(1) specifies that each property or group of adjacent properties
with a single owner or development plan may, rather than shall, be granted no more than one
access point, unless certain other portions of administrative rules pertaining to traffic studies
are completed and approved.
Present LAC 70:I.1521(B)(4) requires a request for an access connection on a state route
where alternative access connection opportunities exist on non-state route(s) shall be
accompanied by a traffic impact study.
Proposed LAC 70:I.1521(B)(4) specifies that a request for an access connection on a state
route where alternative access connection opportunities exist on non-state route(s) may,
rather than shall, be accompanied by a traffic impact study according to DOTD policies. HCR NO. 9
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Present LAC 70:I.1521(B)(5) in pertinent part, requires requests for access connections in
excess of one access connection or for an access connection on a state route where non-state
route access exists must be reviewed and approved by the district engineer administrator.
Such requests shall be accompanied by a traffic impact study.
Proposed LAC 70:I.1521(B)(5) retains present rule and specifies that such requests may,
rather than shall, be accompanied by a traffic impact study.
Present LAC 70:I.1521(E) prohibits gates, fences, signage, landscaping, or other decorative
or access-control features (i.e. gated subdivision) from being located within the right-of-way.
Requires such access-control features to be located so that a minimum storage of two
vehicles (50’ storage length minimum) is provided outside of the limits of the right-of-way.
Proposed LAC 70:I.1521(E) requires such-access control features to be located at a 50'
storage length minimum and that greater distances may be required by the DOTD.
Present LAC 70:I.1529 provides that all access on roadways with medians may be restricted
to right-in/right-out movements only, and shall be constructed in such a way as to prevent
any other movements.
Proposed LAC 70:I.1529 specifies that if required these access points shall be constructed
in such a way as to prevent any other movements.
Present LAC 70:I.1531(B) provides that all single-family residential and traffic generator
access connections shall be constructed with permanent hard surface type materials (i.e.
asphalt or concrete) as shown on the standard plans for access connections. Aggregate
access connections shall not be permitted within the right-of-way for these types of
connections. The hard surface type materials shall extend the following distances from the
edge of pavement:
(1) single-family residential access connections: 10 feet from the edge of pavement; and
(2) traffic generator access connections: 25 feet from the edge of pavement.
Proposed LAC 70:I.1531(B) modifies the present rule by specifying that all traffic generator
access connections shall be constructed with permanent hard surface type materials (i.e.
asphalt or concrete) for a distance shown in DOTD policy. Also, removes the requirement
that the hard surface type materials shall extend certain distances from the edge of the
pavement on single-family residential access connections and traffic generator access
connections.
Present LAC 70:I.1531(C) provide that non-commercial agricultural operations may not be
required to be constructed of hard surface type materials.
Removes present LAC 70:I.1531(C).
Present LAC 70:I.1531(D) provides that all entrances and exits shall be located so that
drivers approaching or using them will have adequate sight distance in all directions along
the highway in order to maneuver safely and without interfering with traffic. Minimum
required sight distance shall be calculated using the methods outlined in the AASHTO
Geometric Design Guide for sight distance based on the posted speeds of the adjacent
roadway or a speed other than the posted speed limit for these calculations.
Proposed LAC 70:I.1531(D) modifies the present rule by specifying that the minimum
required sight distance shall be calculated using the methods outlined DOTD policies. HCR NO. 9
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are additions.
Present LAC 70:I.1533(E) provides that the services of an independent DOTD-approved
inspector shall be obtained to inspect the construction of all DOTD-required improvements
in the DOTD right-of-way.
Proposed LAC 70:I.1533(E) specifies that the services of an independent DOTD-approved
inspector may be required to inspect the construction of all DOTD-required improvements
in the DOTD right-of-way.
Present LAC 70:I.1535(B) provides that any required mitigation shall be noted on the
permit, and bond amounts shall be appropriate for such mitigation.
Proposed LAC 70:I.1535(B) specifies that any required mitigation shall be noted on the
permit(s), as required in accordance with DOTD policies, and bond amounts shall be
appropriate for such mitigation, if required.
Present LAC 70:I.1541 requires that appeals must be filed in accordance with the DOTD
appeals policies as set forth in current administrative rules.
Proposed LAC 70:I.1541 removes the requirement that appeals must be filed in accordance
with current administrative rules.
Directs the office of the state register to print the amendments to LAC 70:I.1501(C),
1515(D), (G), (H), (I), and (J), 1519(B), (C), and (D), 1521(A)(2) and (a)(intro. para.), (4),
and (5), (B)(1), (4), and (5), and (E), 1529(C), 1531(B), (C), (D), and (E), 1533(E), 1535(B),
and 1541(B), the enactment of LAC 70:I.1501(E), and the repeal of LAC 70:I.1515(K) and
1531(F).
(Amends LAC 70:I.1501(C), 1515(D), (G), (H), (I), and (J), 1519(B), (C), and (D),
1521(A)(2) and (a)(intro. para.), (4), and (5), (B)(1), (4), and (5), and (E), 1529(C), 1531(B),
(C), (D), and (E), 1533(E), 1535(B), and 1541(B); Adds LAC 70:I.1501(E); Repeals LAC
70:I.1515(K) and 1531(F))
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Transportation, Highways
and Public Works to the original bill.
1. Made technical changes.
2. Removed changes to single access connection administrative rules and the repeal
of the requirement for traffic studies.
3. Added that DOTD, through its district administrators, may grant exceptions to
the restrictions set forth in current administrative rules based upon the
uniqueness of the environment in which access is sought and that the DOTD
policy referred to throughout DOTD access management rules is available on the
DOTD website.
4. Made changes to additional DOTD administrative rules pertaining to access
connection requirements; including, permit conditions and reapplications, access
connections on certain roadways, design and construction requirements,
improvements to adjacent transportation systems, and the appeals process.
5. Made traffic studies permissive rather than mandatory.
House Floor Amendments to the engrossed bill.
1. Made technical changes.