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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.
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
WHEREAS, the cost of these traffic impact studies is an overwhelming burden on21
applicants who are attempting to operate businesses in the state; and22 ENROLLEDHCR NO. 9
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WHEREAS, the Department of Transportation and Development has enacted policies1
and administrative rules that place a burden on business and district administrators; and2
WHEREAS, the lack of certain access connections can negatively affect a business3
in that it may cause potential customers to go elsewhere; and4
WHEREAS, these rules, as written and applied, stifle commerce; and5
WHEREAS, a number of these policies have changed, but the changes to the6
administrative rules are not yet implemented; and7
WHEREAS, R.S. 49:969 provides that "the legislature, by Concurrent Resolution,8
may suspend, amend, or repeal any rule or regulation or body of rules or regulations adopted9
by a state department, agency, board, or commission".10
THEREFORE, BE IT RESOLVED by the Legislature of Louisiana that LAC11
70:I.1501(C), 1515(D), (G), (H), (I), and (J), 1519(B), (C), and (D), 1521(A)(2) and12
(a)(introductory paragraph), (4), and (5), (B)(1), (4), and (5), and (E), 1529 (C), 1531(B),13
(C), (D), and (E), 1533(E), 1535(B), and 1541(B) are hereby amended and LAC14
70:I.1501(E) is hereby enacted, to read as follows:15
§1501. Introduction16
* * *17
C. Incumbent with this is the obligation to protect the investment of the state18
in the highway system. Access connections granted by the DOTD can be restrictive.19
However, DOTD, through its district administrators, may grant exceptions to the20
restrictions set forth in this Chapter based upon the uniqueness of the environment21
in which access is sought.22
* * *23
E. The DOTD policy referred to throughout this Chapter is available on the24
DOTD website. 25
* * *26
§1515. Permit Conditions27
* * *28
D. The applicant may be required to post a bond in order to secure an access29
connection permit. If required, this This bond shall be required and posted in30 ENROLLEDHCR NO. 9
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accordance with DOTD policy, and shall be an amount as identified by the DOTD1
district office as sufficient to cover the expenses of all work or improvements2
required within the DOTD right-of-way as a condition of an access connection3
permit. The cost of restoration shall be borne by the applicant. 4
* * *5
G. Post-construction inspections are mandatory for traffic generator access6
connections.7
H. After having been constructed, access connection(s) shall at all times be8
subject to inspection with the right reserved to require changes, additions, repairs,9
and relocations at any time considered necessary to permit the location and/or to10
provide proper and safe protection to life and property on or adjacent to the highway.11
The cost of making such mandated changes, additions, repairs, and relocations shall12
be borne by the applicant.13
I H. The relocations or alterations of any access, approach, or other14
improvement constructed on the right-of-way shall require a new permit re-15
evaluation of the access connection(s).16
J I. If the applicant is unable to commence construction within 12 months of17
the permit issue date, the applicant may request a six-month extension from the18
DOTD. No more than two six-month extensions may be granted under any19
circumstances. If the access connection is not constructed within 24 months from the20
permit issue date, the permit shall be considered expired. Any person wishing to21
reestablish an access connection permit that has expired shall begin again with the22
application procedures.23
K J. When the adjacent highway is under construction, a letter of no24
objection must shall be obtained from the highway contractor before the application25
can be approved and the permit can be issued. A copy of this letter shall be attached26
to the permit.27
* * *28 ENROLLEDHCR NO. 9
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§1519. Permit Reapplication Re-evaluation and Modifications to Existing1
Commercial Access Connections2
* * *3
B. If the property is reconstructed/remodeled /redeveloped, the owner shall4
submit a request for a re-evaluation of the access connection(s) new application for5
an access connection permit. The new application evaluation shall contain all6
necessary information and documentation as described in Section entitled Process7
for Acquiring an Access Permit DOTD policies, as well as a copy of the old access8
connection permit.9
C. If the property owner reconstructs the access connection, a new access10
connection permit application request for re-evaluation shall be submitted. The11
DOTD reserves the right to make changes to the original permit during this process12
in order to improve safety and operations. 13
D. If DOTD road maintenance and/or construction operations affect the14
condition or necessitate the reconstruction, improvement, modification, or removal15
of an existing access connection, a re-evaluation of the access connection16
geometrics, location, etc., shall may be performed by the district traffic operations17
engineer. The access connection permit shall may be re-issued according to the most18
current DOTD standards, and DOTD reconstruction efforts shall follow these19
standards. The cost to reconstruct the access connection to the right-of-way shall be20
borne by the DOTD. Any additional costs to improve on-site conditions shall may21
be borne by the property owner. 22
* * *23
§1521. Access Connection Requirements24
A.25
* * *26
2. In addition, the following constraints shall apply.:27
a. Full access shall may not be granted within the functional influence area28
of the intersection. The influence area shall be as defined in DOTD policies. For29
purposes of this Chapter, the functional influence area of an intersection shall be30 ENROLLEDHCR NO. 9
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defined as the area beyond the physical intersection of two roadways and/or access1
connection points that:2
* * *3
4. If the subject property is located at the intersection of two routes, an4
access connection may be permitted on one of the both routes, but one must be5
limited to right-in/right-out access. The determination of the access connection6
location locations and restrictions on each shall be at the discretion of the DOTD7
according to this rule and other applicable DOTD policies.8
5. The applicant shall provide sufficient on-site circulation to ensure the safe9
ingress and egress of vehicles on the site. This on-site circulation shall be contained10
within the owned owner's property boundaries and shall not encroach upon the right-11
of-way in any way. Adequate on-site vehicle storage shall be provided in order to12
prevent any overflow of queued/waiting traffic in the travel lane(s) of the adjacent13
roadway(s).14
* * *15
B. The granting of access shall adhere to the following decision hierarchy.:16
1. Each property or group of adjacent properties with a single owner or17
development plan shall may be granted no more than one access point, unless18
Paragraphs 4 and 5 of this Section are completed and approved. The DOTD reserves19
the right to limit access to adjacent properties to those access connections which20
already exist. All properties shall receive adequate access, but that may be21
accomplished through required access sharing with a neighboring property.22
* * *23
4. A request for an access connection on a state route where alternative24
access connection opportunities exist on non-state route(s) shall may be accompanied25
by a traffic impact study. This study shall comply with the guidelines and policies26
set forth by the DOTD for such studies. In order to consider state route access in27
these cases, the study shall show that the lack of access on the state route causes28
unreasonable negative impacts to the traffic flow in the vicinity of the property.29 ENROLLEDHCR NO. 9
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5. Requests for access connections in excess of one access connection or for1
an access connection on a state route where non-state route access exists must be2
reviewed and approved by the district engineer administrator. Such requests shall3
may be accompanied by a traffic impact study. This study shall comply with the4
guidelines and policies set forth by the DOTD for such studies. In order to consider5
an additional access connection or an access connection on a state route where non-6
state route access exists, the study shall show that the lack of the requested access7
connections causes unreasonable negative impacts to the traffic flow and safety in8
the vicinity of the property and shall demonstrate that an additional access9
connection will contribute to the overall improvement of the safety and efficiency10
of the adjacent roadways and of the transportation system.11
* * *12
E. Gates, fences, signage, landscaping, or other decorative or access-control13
features (i.e. gated subdivision) shall not be located within the right-of-way. Any14
such access-control feature shall be located so that a minimum storage of two15
vehicles (50' storage length minimum; greater distances may be required by the16
DOTD) is provided outside of the limits of the right-of-way. Gated access shall not17
be permitted as an approach to a traffic signal.18
* * *19
§1529. Access Connections on Roadways with Medians20
* * *21
C. All access on roadways with medians may be restricted to right-in/right-22
out movements only, and , if required, shall be constructed in such a way as to23
prevent any other movements. This shall apply to both residential and commercial24
access.25
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§1531. Design Requirements27
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B. All single-family residential and traffic generator access connections shall29
be constructed with permanent hard surface type materials (i.e. asphalt or concrete)30 ENROLLEDHCR NO. 9
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as shown on the standard plans for access connections for a distance shown in DOTD1
policy. Aggregate access connections shall not be permitted within the right-of-way2
for these types of connections. The hard surface type materials shall extend the3
following distances from the edge of pavement:4
1. single-family residential access connections: 10 feet from the edge of5
pavement;6
2. traffic generator access connections: 25 feet from the edge of pavement.7
C. Non-commercial agricultural operations may not be required to be8
constructed of hard surface type materials.9
D. All entrances and exits shall be located so that drivers approaching or10
using them will have adequate sight distance in all directions along the highway in11
order to maneuver safely and without interfering with traffic. Minimum required12
sight distance shall be calculated using the methods outlined in the AASHTO13
Geometric Design Guide for sight distance based on the posted speeds of the14
adjacent roadway or a speed other than the posted speed limit for these calculations15
DOTD policies.16
ED. All access connections shall be designed and constructed in accordance17
with all DOTD plans and specifications regarding drainage requirements. Culvert18
sizes, proposed elevations, and proposed slopes shall be approved by the DOTD19
prior to issuance of an access connection permit. The DOTD may require a drainage20
study to be performed at the expense of the applicant.21
FE. Access connections shall be constructed according to DOTD Standard22
Plans and other applicable policies and provision provisions.23
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§1533. Construction Requirements25
* * *26
E. The services of an independent DOTD-approved inspector shall may be27
obtained required to inspect the construction of all DOTD-required improvements28
in the DOTD right-of-way. The inspection process shall be in accordance with29
current DOTD policy. The DOTD district office may elect to perform independent30 ENROLLEDHCR NO. 9
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inspections of work. Satisfactory completion and acceptance of the improvements1
by DOTD will be based upon the reports received from the inspector(s).2
* * *3
§1535. Improvements to the Adjacent Transportation System4
* * *5
B. Mitigation, which may be required by the DOTD, may be determined6
through a complete traffic impact study and/or traffic signal study review process.7
Required mitigation shall be reviewed by the district engineer administrator. Any8
required mitigation shall be noted on the permit permit(s) as required in accordance9
with DOTD policies, and bond amounts shall be appropriate for such mitigation, if10
required.11
* * *12
§1541.Appeals Process13
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B. Appeals shall be filed in accordance with the DOTD appeals policies15
set forth in LAC 70:I.1101 et seq.16
BE IT FURTHER RESOLVED that LAC 70:I.1515(K) and 1531(F) are hereby17
repealed in their entirety.18
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the19
Office of the State Register.20
BE IT FURTHER RESOLVED that the Office of the State Register is hereby21
directed to have the amendments to LAC 70:I.1501(C), 1515(D), (G), (H), (I), and (J),22
1519(B), (C), and (D), 1521(A)(2) and (a)(introductory paragraph), (4), and (5), (B)(1), (4),23
and (5), and (E), 1529(C), 1531(B), (C), (D), and (E), 1533(E), 1535(B), and 1541(B) and24
the enactment of LAC 70:I.1501(E) printed and incorporated into the Louisiana25
Administrative Code.26
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE