HLS 16RS-439 ORIGINAL
2016 Regular Session
HOUSE BILL NO. 817
BY REPRESENTATIVE CARMODY
TRANSPORTATION: Makes changes to requirements for access permits issued by the
Dept. of Transportation and Development
1 AN ACT
2To amend and reenact R.S. 48:344, relative to access connection to highways; to require the
3 Department of Transportation and Development to promulgate certain items pursuant
4 to the Administrative Procedure Act; to provide for access connection permits to be
5 issued within a certain time period; to require access connection permits to be issued
6 subject to stipulations; to prohibit the requirement of certain actions prior to the
7 issuance of a access connection permit; to require certain items be taken into
8 consideration when issuing an access connection permit; and to provide for related
9 matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 48:344 is hereby amended and reenacted to read as follows:
12 ยง344. Entrances and exits adjacent to highways
13 A. Entrances to and exits from private properties adjacent to the rights-of-
14 way of state highways may be regulated, prohibited, or abolished in the interest of
15 the safety of the traveling public.
16 B. The chief engineer of the Department of Transportation and
17 Development, from time to time, shall prepare and promulgate descriptions and
18 illustrations of various types and styles of entrances and exits consistent with this
19 purpose Section pursuant to the Administrative Procedure Act and shall issue permits
20 of necessity and convenience for the installation of entrances and exits in accordance
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-439 ORIGINAL
HB NO. 817
1 with its promulgated regulations and standards which shall be promulgated pursuant
2 to the Administrative Procedure Act. The department may apply to the courts for
3 such process as may be necessary to make the provisions of this Section effective.
4 C. (1) An access connection permit shall be granted or denied within forty-
5 five days from receipt of the preliminary access connection request form. If an
6 access connection permit is not granted or denied within this time period, it shall be
7 considered granted and the development may proceed as requested.
8 (2) An access connection permit shall be granted or denied within thirty days
9 from receipt of the preliminary access connection request form if the property owner
10 provides the department with actual field measurements for sight distance and sight
11 obstructions. If an access connection permit is not granted or denied within this time
12 period, it shall be considered granted and the development may proceed as requested.
13 D. The department shall not require more than one traffic study or drainage
14 study to be completed by the property owner requesting the access connection
15 permit.
16 E. An access connection permit may be granted subject to stipulations that
17 the property owner will not proceed with the development until such time that the
18 permit is endorsed by the parish or municipality, or both.
19 F. An access connection permit shall allow for department required
20 alterations or improvements to be constructed as phases of the development are
21 constructed.
22 G. In determining the issuance of access connection permits, the department
23 shall take into account economic benefits of the development when traffic conditions
24 are not optimum.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 16RS-439 ORIGINAL
HB NO. 817
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)]
HB 817 Original 2016 Regular Session Carmody
Abstract: Makes changes to the process required to obtain access connection permits from
the Dept. of Transportation and Development.
Present law provides that the chief engineer of the Dept. of Transportation and Development,
from time to time, must prepare and promulgate descriptions and illustrations of various
types and styles of entrances and exits consistent with this purpose and shall issue permits
of necessity and convenience for the installation of entrances and exits in accordance with
its promulgated regulations and standards.
Proposed law requires that the promulgation of these items be done pursuant to the
Administrative Procedure Act.
Proposed law requires that an access connection permit be granted or denied within 45 days
from receipt of the preliminary access connection request form. Specifies that if the access
connection permit is not granted or denied within this time period, the access connection
permit will be considered granted and development may proceed as requested.
Proposed law requires that an access connection permit be granted or denied within 30 days
from receipt of the preliminary access connection request form if the property owner
provides the department with actual field measurements for sight distance and sight
obstructions. Specifies that if an access connection permit is not granted or denied within
this time period, the permit will be considered granted and the development may proceed as
requested.
Proposed law provides that the Dept. of Transportation and Development shall not require
more than one traffic study or drainage study to be completed by the property owner
requesting the access connection permit.
Proposed law provides that an access connection permit may be granted subject to
stipulations that the property owner will not proceed with development until such time that
the permit is endorsed by the parish or municipal, or both.
Proposed law provides that an access connection permit must allow for Dept. of
Transportation and Development required alterations or improvements to be constructed as
phases of the development are constructed.
Proposed law requires that the Dept. of Transportation and Development take economic
benefits of the development into account when traffic conditions are not optimum in the
issuance of access connection permits.
(Amends R.S. 48:344)
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.