State, County, and Municipal Highways

C.R.S. tit. 43, art. 2
in effect

C.R.S. § 43-2-101 State highway system

43-2-101. State highway system. (1) There shall be established in this state a system of roads known as "the state highway system". The state highway system shall consist of the federal-aid primary roads, the federal-aid secondary roads, and the interstate system, including extensions thereof within urban areas, plus an amount not to exceed five percent of the mileage of such systems which may be declared to be state highways by the transportation commission while not being any part of any federal system. (2) "Interstate system" as used in this section means any highway included as a part of the national system of interstate and defense highways as authorized and designated in accordance with section 7 of the "Federal-Aid Highway Act of 1944" (58 Stat. 838) and any other subsequent acts of congress. (3) Nothing in this section shall be construed as limiting the mileage of the state highway system to the total mileage constituting the system as of December 31, 1953, but federal-aid primary roads and federal-aid secondary roads may be added or deleted by the department of transportation according to need as determined by said department. Deletions from the federal-aid secondary system shall be mutually decided by the federal government, the state, and the affected county. (4) (a) In addition to the powers now possessed by the transportation commission, it has the authority to select or designate any public highway, road, or street as a part of the federal-aid urban system or as an extension of the federal-aid primary or secondary system, in order to qualify such public highways, roads, or streets for the expenditure by the state of federal-aid funds to be apportioned to the state pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the "Federal-Aid Highway Act of 1970", and regulations promulgated thereunder. Any provision of this title to the contrary notwithstanding, any public highway, road, or street selected or designated under this subsection (4) shall continue to be a part of the county highway or city street systems and shall not be deemed to be a part of the state highway system unless the commission specifically provides to the contrary. (b) Any receipt of moneys from the federal government, or any department thereof, pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the "Federal-Aid Highway Act of 1970" shall be paid into and credited to the state highway supplementary fund. (c) The construction of all improvements authorized pursuant to the provisions of 23 U.S.C. sec. 135, as amended, and section 106 of the "Federal-Aid Highway Act of 1970", and moneys received therefor, are under the supervision and control of the chief engineer.

C.R.S. § 43-2-101.5 Devolution of commuter highways to counties and municipalities - required study - definitions

43-2-101.5. Devolution of commuter highways to counties and municipalities - required study - definitions. (1) The transportation commission, using existing or easily obtainable data, shall conduct or direct the department of transportation to conduct a study of the state highway system for the purpose of determining which highways or portions of highways that are part of the state highway system are commuter highways. The commission shall report the results of the study to the transportation and energy committee of the house of representatives and the transportation committee of the senate, or any successor committees, no later than February 1, 2011. The commission may include in the report recommendations as to whether all or some of the identified commuter highways should be removed from the state highway system and thereafter maintained and supervised by counties and municipalities. If the commission recommends the removal of any commuter highways from the state highway system, it shall first have consulted with the affected metropolitan planning organizations in the conduct of the study, received the input of one local government elected official appointed by each of the five metropolitan planning organizations in the state for the purpose of providing such input, and presented the recommendations to the boards of the affected metropolitan planning organizations for review and comment and shall also make recommendations regarding modification of the formulas used to allocate moneys in the highway users tax fund between the state, counties, and municipalities set forth in part 2 of article 4 of this title to provide the level of funding necessary to avoid any unfunded mandates created by changes in the allocation of highway maintenance and supervision responsibilities between the state, counties, and municipalities that would result from the removal. A report made pursuant to this section that includes recommendations as to whether commuter highways should be removed from the state highway system shall include a statement regarding the extent to which the elected officials appointed by the metropolitan planning organizations in the state agree with the commission's recommendations. (2) For purposes of this section: (a) "Commuter highway" means a highway or a portion of a highway that: (I) Is part of the state highway system; (II) Is located within the territory of a metropolitan planning organization; (III) Is not an interstate highway; and (IV) Is determined in the conduct of the study required by subsection (1) of this section to be used at least eighty percent of the time, estimated as a percentage of total trips on the highway or portion of a highway, for travel within the territory of the metropolitan planning organization. (b) "Metropolitan planning organization" means a metropolitan planning organization under the "Federal Transit Act of 1998", 49 U.S.C. sec. 5301 et seq., as amended.

C.R.S. § 43-2-102 Department maintain system

43-2-102. Department maintain system. The department of transportation shall construct and maintain all roads comprising the state highway system as provided by this part 1.

C.R.S. § 43-2-103 Urban highway contracts

43-2-103. Urban highway contracts. In all cases where any part of the state highway system extends into or through a city or incorporated town, the construction and maintenance of such systems shall remain the obligation of the department of transportation. Nothing in this part 1, however, shall be construed as denying the department of transportation the right to enter into a contract with a city or incorporated town for the maintenance or construction of such urban connections, where it appears that such city or incorporated town has adequate facilities.

C.R.S. § 43-2-104 County highway contracts

43-2-104. County highway contracts. The department of transportation may also contract with the counties wherein any roads comprising a part of the state highway system are situated for the maintenance or construction of such roads directly by the county.

C.R.S. § 43-2-104.5 Reimbursement of counties and municipalities

43-2-104.5. Reimbursement of counties and municipalities. (1) The department of transportation is authorized to reimburse, pursuant to contract, counties, cities, or incorporated towns for maintenance or construction of highways which are part of the state highway system. Such reimbursement may be over a period of time, and any funds available to the department of transportation for the maintenance and construction of public highways may be used. (2) Any municipality, county, or political subdivision may enter into an intergovernmental agreement with the department of transportation to loan to the department of transportation funds necessary to accelerate the completion of state highway projects. Such loaned funds may be repaid by the department of transportation from any funds available to that department for the maintenance and construction of public highways. Such acceleration of projects must be approved by the transportation commission and the governing board of the municipality, county, or political subdivision involved. The construction of projects conducted pursuant to this section shall be carried out under the supervision of the chief engineer of the department of transportation, who may contract with private parties for construction services. Any municipality, county, or political subdivision may contract with private parties for construction services when conducting projects pursuant to this section.

C.R.S. § 43-2-106 Abandoned state highways

43-2-106. Abandoned state highways. (1) (a) When a portion of a state highway is relocated and, because of the relocation, a portion of the route as it existed before the relocation is, in the opinion of the transportation commission, no longer necessary as a state highway, the portion shall be considered as abandoned. The transportation commission may also determine that all or a portion of a state highway no longer functions as a part of the state highway system, and, with the agreement of each affected county or municipality, the state highway or portion thereof shall be considered as abandoned. An abandoned state highway or portion thereof shall become a county highway, upon the adoption of a resolution to that effect by the board of county commissioners of an affected county, or a city street, upon the adoption of an ordinance to that effect by the governing body of any affected municipality, within ninety days after the official notification of abandonment by the transportation commission. If the county or municipality ceases to use the abandoned portion of the highway for the purpose of a county highway or a city street, title to the abandoned state highway or portion thereof shall revert to the department of transportation. (b) When the department of transportation makes a payment to a county or municipality as compensation for the transfer of ownership to the county or municipality of all or a portion of a state highway abandoned pursuant to paragraph (a) of this subsection (1) as a result of the granting of an application for such a transfer of ownership filed on or after August 5, 2009, the county or municipality shall credit the payment to a special fund to be used only for transportation-related expenditures. (c) For purposes of this subsection (1), all or a portion of a state highway shall be considered to function as part of the state highway system, and shall not be determined by the transportation commission to no longer function as a part of the state highway system, unless the commission and each county or municipality that would be affected by the abandonment of the state highway or portion of a state highway agree that the state highway or portion of a state highway no longer serves the ongoing purposes of the state highway system. (2) If, pursuant to the provisions of subsection (1) of this section, the abandoned portion of a state highway is not claimed by a county, city, or town or if title to such abandoned portion reverts to the department of transportation, the department of transportation shall dispose of the abandoned portion by means of a sale or exchange for not less than fair market value in the manner set forth in section 43-1-210 (5). (3) If the department of transportation is not able to dispose of the abandoned portion of a state highway by means of a sale or exchange following a diligent effort for a five-year period, the department shall vacate the abandoned portion and title to such portion shall vest in accordance with the provisions of part 3 of this article. (4) If it appears to the transportation commission that any landowner suffers damages because of the abandonment of any portion of a state highway, such damages shall be determined, tendered, and paid out of funds allocated to the department of transportation in the same manner as other damages as provided by law. (5) As used in this section, "exchange" has the same meaning as set forth in section 43-1-210 (5)(d).

C.R.S. § 43-2-107 Standards of construction - definition

43-2-107. Standards of construction - definition. (1) After December 31, 1953, any roads which are constructed so as to become a part of the state highway system, as defined in this part 1, or any road not on said date a part of the state highway system which may be added thereto shall be constructed or improved in accordance with standards for highway construction as adopted and approved by the commission. (2) Any roads, streets, or highways constructed after July 1, 1975, by the state or any of its political subdivisions shall provide adequate and reasonable access for the safe and convenient movement of persons with disabilities, including those in wheelchairs, across all newly constructed or replaced curbs at all pedestrian crosswalks; except that this subsection (2) shall not be applicable to any contracts executed or let for bid on or before July 1, 1975. (3) (a) Except when otherwise necessary or required to meet reasonable safety standards, the department of transportation shall execute the following whenever constructing, repaving, or repairing any section of a two-lane state highway if farming or other oversize loads actively utilize that section of the highway: (I) Stagger the posts not less than every one-tenth of a mile where it is practical to do so; and (II) Consider implementing flexible delineator posts and other engineering solutions to accommodate the needs of all vehicles. (b) Nothing in this subsection (3) shall be construed to require delineator posts to be placed where they are not deemed necessary by the department of transportation. (c) As used in this subsection (3), "two-lane state highway" means a state highway with two lanes, each going in the opposite direction of one another.

C.R.S. § 43-2-108 County highway systems

43-2-108. County highway systems. There shall be established in each county a primary system and a secondary system of county roads.

C.R.S. § 43-2-109 County primary systems

43-2-109. County primary systems. The board of county commissioners of each county shall select the county primary system of roads on the basis of greatest general importance, and the system as selected shall constitute an integrated system within itself or with the state highway system as defined in this part 1.

C.R.S. § 43-2-110 Selection by county - notice - secondary system

43-2-110. Selection by county - notice - secondary system. (1) The initial selection of the county road system shall be done in the following manner: (a) The board of county commissioners of each county shall cause a map to be prepared showing each road in the county primary and secondary system and designating each primary road by appropriate number, and said board shall cause notice of intention to adopt said map as the official map of such system to be given, which notice shall specify the time and place at which all interested persons will be heard. Such notice of intention shall be published once a week for at least two successive weeks preceding the date of such hearing in a newspaper of general circulation in the county. (b) After such hearing, the board of county commissioners shall adopt such map, with any changes or revisions deemed by it to be advisable, as the official map of the road system of the county. (1.5) The board of county commissioners of any county with a population of two hundred fifty thousand or more may designate as a primary road any four-lane controlled-access county highway, the construction of which commences in 2016, that is located within the unincorporated area of the county and that intersects with an interstate highway or a United States numbered highway. If a city or an incorporated town subsequently annexes any portion of a highway that has been designated as a primary road, the respective jurisdiction, control, and duty of the county and of the city or incorporated town with respect to the highway is as follows: (a) The city or incorporated town shall exercise full responsibility for and control over the highway beyond and including the curbs and, if no curb is installed, beyond the traveled way, its contiguous shoulders, and appurtenances. (b) The county has the authority to grant or deny access to the highway and to roughed-in roads, as defined in section 42-1-102 (85.5), and to establish weight restrictions for vehicles traveling on the highway as authorized by section 42-4-106 (1), (2), and (3)(b). (c) The county has the authority to prohibit the suspension of signs, banners, or decorations above the portion of the highway between the curbs or, if the highway does not have curbs, between the portion of the highway used for vehicular travel up to a vertical height of twenty feet above the surface of the highway. (d) The city or incorporated town shall maintain all of its underground facilities under the highway at its own expense and has the right to construct such underground facilities as may be necessary under the highway. (e) The city or incorporated town has the right to grant the privilege to open the surface of the highway, but all resulting damages shall promptly be repaired either by the city or incorporated town itself or at its direction. (f) The city or incorporated town shall provide street illumination at its own expense and shall clean the highway, including storm sewer inlets and catch basins. (g) The county has the right to utilize all storm sewers on the highway without cost; and if new storm sewer facilities are necessary in construction of the highway by the county, the county and the municipality shall bear the cost of the facilities as mutually agreed upon by the board of county commissioners of the county and the local governing body of the city or incorporated town. (h) The city or incorporated town shall regulate and enforce all traffic and parking restrictions on the portion of the highway that is located within the city or incorporated town. (i) The county shall erect, control, and maintain at county expense all route markers and directional signs, except street signs, on the portion of the highway located within the city or incorporated town. ated town. (h) The city or incorporated town shall regulate and enforce all traffic and parking restrictions on the portion of the highway that is located within the city or incorporated town. (i) The county shall erect, control, and maintain at county expense all route markers and directional signs, except street signs, on the portion of the highway located within the city or incorporated town. (j) The county shall install, operate, maintain, and control at county expense all traffic control signals, signs, and traffic control devices on the portion of the highway located within the city or incorporated town. No local authority shall erect or maintain any stop sign or traffic control signal at any location that requires the traffic on the highway to stop before entering or crossing any intersecting highway unless the local authority first obtains approval in writing from the county. For the purposes of this paragraph (j), "traffic control device" includes, but is not limited to, striping, lane-marking, and channelization. (k) Either the city or incorporated town or the county shall acquire rights-of-way for the highway as mutually agreed upon. Costs of acquiring the rights-of-way may be the sole expense of the county or the city or incorporated town, or shared by both, as mutually agreed upon. Title to all rights-of-way acquired vest in the city or incorporated town, or in the county, according to the agreement under which the rights-of-way were secured. (l) The county is authorized to acquire rights-of-way for the highway by purchase, gift, or condemnation. Any condemnation proceeding shall be conducted in the manner provided by law for condemnation proceedings to acquire lands required for county highways. Nothing in this subsection (1.5) abrogates the right of a home rule city to acquire lands for purposes and in the manner set forth in the charter of the city. (m) The county may enter into an intergovernmental agreement with a city or incorporated town located within the county to add to the highway specified roads or streets annexed by the city or incorporated town before the designation of the highway as a primary road. Such an agreement must define the respective jurisdiction, control, and duty of the county and the city or incorporated town with respect to the highway and may modify the division of such jurisdiction, control, and duty from the division specified in paragraphs (a) to (l) of this subsection (1.5). (2) All roads not on the county primary system and for which the boards of county commissioners assume responsibility shall be the county secondary system. (3) Nothing in this section shall limit the power of any board of county commissioners to subsequently include or exclude any road from the county primary system in the same manner provided for the selection of the initial road system as provided in this section. Where a portion of a state highway is abandoned and it appears that such abandoned portion is necessary for use as a public highway, then such abandoned portion shall become a part of the county system upon the adoption of a resolution to that effect by the board of county commissioners of the county wherein such abandoned portion is located within ninety days after such abandonment.

C.R.S. § 43-2-111 Road supervisors - districts - duties - powers

43-2-111. Road supervisors - districts - duties - powers. (1) The county systems, both primary and secondary roads, shall be assigned to the county for construction and maintenance. The board of county commissioners of each county shall, except in counties where the boundaries thereof coincide with the boundaries of a city, prior to January 1, 1954, appoint road supervisors for all roads constituting the county system. Said supervisors shall be competent to handle the road and highway work of the county and shall be approved by the board of county commissioners. Nothing in this section shall preclude one such person from serving two or more counties. The county surveyor may be appointed, if found by the board of county commissioners to be properly qualified, or a county commissioner may act as such supervisor. The board of county commissioners shall determine the general policies of the county as to county highway matters, and the same shall be carried out and administered by the county road supervisors. (2) Each county shall furnish evidence to the transportation commission that it has complied with the provisions of this section. (3) The board of county commissioners of the respective counties of the state may divide their counties into such suitable road districts as, in their judgment, will best subserve the interest of the people of the whole county. (4) The board of county commissioners of the respective counties, by mutual agreement, may form road districts consisting of more than one county. Nothing in this section shall be construed to deny any county the right to expend any funds for county road purposes outside the limits of said county if the interests of the people of the county will be subserved thereby. In all cases where road districts from more than one county are consolidated, the road supervisor shall be appointed by mutual agreement of the boards of county commissioners of the counties so forming a road district subject to the same provisions and limitations as provided for road supervisors of single counties. Road supervisors so appointed by a county or group of counties shall receive a salary to be determined by the board of county commissioners in the respective county or, in cases of two or more counties combining to appoint a single supervisor, by agreement between the boards of county commissioners of the counties so combining. He shall hold office during satisfactory service, but he may be removed by any board of county commissioners at any time at the discretion of said board, and a successor appointed. (5) A road supervisor's duties shall be to take charge of and be responsible for all road personnel, road machinery, and tools owned by the county and to inspect all roads and bridges within the county and locate proper road material. He shall make such recommendations for road repair and for construction of roads as in his judgment may be required. He shall, on the first day of each month, make written recommendations for road and bridge work together with an estimate of the cost, which shall be subject to the approval of the board of county commissioners. He shall, on or before the first Monday of each month, render a full and complete account of all expenditures and contracts for the month preceding. The type of report shall be prepared in conformity with rules established by the board of county commissioners. At least once each year the department of transportation shall hold a meeting for the express purpose of exchanging information with representatives of the counties relating to highway construction and maintenance. mplete account of all expenditures and contracts for the month preceding. The type of report shall be prepared in conformity with rules established by the board of county commissioners. At least once each year the department of transportation shall hold a meeting for the express purpose of exchanging information with representatives of the counties relating to highway construction and maintenance. (6) He has the power now lodged with the board of county commissioners by general enactment for the prevention of damages to public highways from ditch overflows, insufficient or unsafe conduits, flumes, or ditches crossing the public highways, the removal or disposition of any material injurious to the public highway, unsafe railroad or tramway crossings, or any other cause which may arise and which comes under the jurisdiction of the board of county commissioners.

C.R.S. § 43-2-112 Condemnation for county roads

43-2-112. Condemnation for county roads. (1) The board of county commissioners on its own initiative may lay out, widen, alter, or change any county road, and the board of county commissioners shall cause the county road supervisor of the respective county to survey the proposed road and make a written report to the board of county commissioners of the county, describing the proposed road to be laid out, opened, or changed, as the case may be, and the portions of land of each landowner to be taken for that purpose, said report to be accompanied by a map showing the present and proposed boundaries of the portion of the county road to be established, opened, or changed, together with an estimate of the damages and benefits accruing to each landowner whose land may be affected thereby. If, upon receipt of such report, the board of county commissioners decides that public interest or convenience will be subserved by the proposed change, said board shall certify such proposal to the transportation commission and cause a plat to be filed in the office of the county clerk and recorder in a book kept for that purpose. (2) The board of county commissioners shall tender to each landowner the amount of damages as estimated and approved by the board, and the board may designate any person to act as its agent in making such tender. In estimating the amount of damages to be tendered, due account shall be taken of any benefits which will accrue to the landowner by the proposed action; but the amount of benefit shall not in any case exceed the amount of damages awarded. Any person owning land or having interest in land over which any proposed county road extends, who is of the opinion that such tender is inadequate, may personally, or by agent or attorney, on or before ten days from the date of such tender, file a written request addressed to the board of county commissioners of said county for a jury to ascertain the compensation which he may be entitled to by reason of damages sustained therefrom. Thereupon, the board of county commissioners shall proceed in the acquisition of such premises under articles 1 to 7 of title 38, C.R.S. The board of county commissioners also has the power and is authorized to proceed in the acquisition of lands of private persons for county roads, under and according to articles 1 to 7 of title 38, C.R.S., in the first instance without tender or other proceedings under this part 1.

C.R.S. § 43-2-113 Abandoned county primary roads

43-2-113. Abandoned county primary roads. When a portion of the county primary system is relocated and because of such relocation a portion of the route as it existed before such relocation is, in the opinion of the board of county commissioners, no longer necessary as part of the county road system, such portion shall be considered as abandoned, and title to it shall revert to the owner of the land through which such abandoned portion may lie subject to the provisions of part 3 of this article. If it appears that such abandoned portion is necessary for use as a secondary road, then such abandoned portion shall become a secondary road, upon the adoption by the board of county commissioners of a resolution to that effect. If it appears to the board that any landowner suffers damages because of the abandonment of any portion of a county primary road, such damages shall be determined, tendered, and paid in the same manner as other damages referred to in this part 1.

C.R.S. § 43-2-114 Standards for county primary roads

43-2-114. Standards for county primary roads. After December 31, 1953, roads constructed by the respective counties as part of the primary road system shall be constructed to general standards acceptable for county primary roads, where found practicable by the board of county commissioners. Such general standards shall conform to those adopted by the transportation commission for the state highway system for the corresponding class of road in the state highway system.

C.R.S. § 43-2-115 Allocations - reports - grace period

43-2-115. Allocations - reports - grace period. The state treasurer or any other state officer so designated shall make complete allocations from highway user revenues to only those counties which have complied with all the requirements of this part 1. The state agency or department designated in this part 1 to receive county reports shall inform the counties in writing, by certified mail, of any delinquencies in reporting and shall forward a copy of such notice to the state treasurer. Delinquent counties shall be allowed a grace period of sixty days after date of notice in which to rectify the delinquency. If the required reports have not been received at the end of the sixty-day grace period, the state treasurer shall withhold the moneys due to such counties until he has been informed that the required reports have been received. Payments withheld will be paid to the counties upon receipt of the delinquent reports.

C.R.S. § 43-2-116 Federal aid - matching funds

43-2-116. Federal aid - matching funds. In the event that any fund becomes available from the federal government for expenditure in conjunction with county funds, for the construction, alteration, repair, or improvement of any roads in any county, the board of county commissioners of the respective counties, upon approval by the department of transportation, may use such funds which have accrued to their respective counties from the highway users tax fund for the purpose of matching the federal funds becoming available if the board of county commissioners of any such county has, by proper resolution filed in duplicate with the department of transportation and approved by said department, determined the road construction, alteration, repair, or improvement to be performed in such county and the same is found to conform in all respects to the requirements necessary for the use of such funds of the federal government and if all such funds so available for matching purposes are expended only as provided by law. Any county using highway users tax funds for the purpose of matching federal funds shall be required to reimburse the department of transportation for engineering services rendered by said department in connection with the expenditure of federal funds.

C.R.S. § 43-2-117 County line roads - apportionment

43-2-117. County line roads - apportionment. If any proposed county road is on the county line between two counties, the board of county commissioners of each county interested shall proceed in the same manner provided in section 43-2-112, and the board of county commissioners of each interested county by mutual agreement shall designate the county road supervisor who shall survey the proposed road and make the report to said boards in the same manner as provided in section 43-2-112; and the concurrence of the boards of county commissioners of both counties shall be necessary to establish it. If any such road is established, each of such counties shall open and maintain a definite part thereof, which the board of county commissioners of such counties shall apportion by mutual agreement between the two counties or by application of subsection (4) of section 43-2-111, and if the boards of county commissioners cannot agree upon the apportionment, it may refer the matter to three disinterested freeholders as arbitrators, whose duty it shall be to apportion same and report thereon to the boards of county commissioners of both counties.

C.R.S. § 43-2-118 Private roads

43-2-118. Private roads. The manner of laying out any private road from the land of any person so as to connect with any public road and of condemning the lands necessary therefor shall be the same as provided in this part 1; except that the petition in such cases need be signed by only such person and the damages which may accrue and the expense of opening such road shall be paid by such petitioner.

C.R.S. § 43-2-119 County road budgets

43-2-119. County road budgets. The board of county commissioners shall each year prepare a preliminary or tentative road budget for the county in compliance with the local government budget law. The county road budget shall show in detail anticipated revenues from all sources and proposed expenditures for all purposes. The budget shall be compiled so that it will show, separately, the anticipated revenues and expenditures for the county road system.

C.R.S. § 43-2-120 Annual county reports

43-2-120. Annual county reports. (1) On or before the thirtieth day of June of each year, the board of county commissioners of each county shall cause to be made and filed with the highway maintenance division a complete report of the expenditures of all moneys applied to county road systems during the calendar year ending on the thirty-first day of December next preceding. The division shall prescribe the form and contents of the report. (2) The report must contain the following: (a) A detailed statement identifying the separate amounts and sources of all moneys available during the calendar year covered by the report, including moneys made available by the United States government, the state, and any other governmental agency and moneys available from bond issues, special assessments, tax levy, or any other source whatever for expenditure for street and road purposes; (b) A detailed statement of all expenditures during the calendar year covered by the report for street and road purposes, including obligations incurred but not yet paid. The statement must contain uniform categories prescribed by the highway maintenance division, including, but not be limited to, expenditures for rights-of-way or other property, construction, maintenance, acquisition of equipment, and administration. The statement must also set forth the amount of funds on hand at the beginning of the calendar year covered by the report and any unexpended funds remaining at the close of the calendar year. The division shall prescribe such other expenditure categories and such other information as may be deemed necessary by the division to fully disclose the nature and extent of all transactions by any county relating to streets and roads. (3) The highway maintenance division shall prepare detailed instructions for the uniform reporting of receipts and expenditures of all moneys applied to county streets and roads. (4) The highway maintenance division shall annually tabulate and compile all such reports and statements received from the counties and shall publish these data in accordance with the provisions of section 24-1-136, C.R.S. (5) (a) On or before March 1 of each year, the board of county commissioners of each county shall submit to the department of transportation a map which indicates any changes in the mileage or location of any road within the county system of roads, together with any changes in the surface classification of any roads within the county system which have been made during the calendar year ending on December 31 next preceding. (b) Information concerning the condition of the streets, roads, and highways submitted pursuant to section 43-1-115 (2), shall be reported in conjunction with the report required by paragraph (a) of this subsection (5).

C.R.S. § 43-2-121 Annual state report

43-2-121. Annual state report. At the same time that the highway maintenance division tabulates the reports and statements from the various counties, the division shall also prepare a statement setting forth the amount expended by the division during the preceding calendar year in the same manner as required of counties. Publication of the data shall be in accordance with the provisions of section 24-1-136, C.R.S.

C.R.S. § 43-2-122 State inspection of county projects

43-2-122. State inspection of county projects. Whenever any county or group of counties undertakes the construction of any highway project which involves the expenditure of highway users tax funds and federal funds, it is the duty of the department of transportation to inspect such projects at such times as the department of transportation considers necessary for the purpose of determining that such project is being built to the prescribed standard.

C.R.S. § 43-2-123 City street systems

43-2-123. City street systems. There shall be established in each city, city and county, and incorporated town a system of streets to be known as the city street system. It shall not include any street established by law as a part of the state highway system.

C.R.S. § 43-2-124 City streets defined - maintenance

43-2-124. City streets defined - maintenance. (1) The city street system shall consist of all streets open and used, which shall include the primary system of major streets to be designated arterial streets, and a secondary system to be designated local service streets. (2) Arterial streets are those streets carrying general traffic within the city and providing communication with surrounding territory and which are not part of the federal-aid and state highway connecting links within the city. (3) Local service streets are all streets within a city open to public travel and which are not a part of the federal-aid connecting links, state highways, or streets designated as arterial streets. (4) The city streets system, both arterial and local service streets, shall be constructed and maintained by the respective city, city and county, or incorporated town.

C.R.S. § 43-2-125 Adoption of street systems - reports

43-2-125. Adoption of street systems - reports. (1) The arterial streets and local service streets in any town, city, or city and county shall constitute its city street system. The system of arterial streets shall be selected in the following manner: (a) On or before December 31, 1953, the city council, local governing body, or designated officer of each incorporated town, city, or city and county shall determine the total mileage of its city street system, and prepare a certification showing the amount of total mileage. (b) The city council, local governing body, or designated officer of each municipality shall then cause a map to be prepared showing each street in the city arterial system and designating each street by appropriate number for the purpose of identification and shall cause notice of intention to adopt said map as the official map of such system to be given, which notice shall specify the time and place at which all interested persons shall be heard. Such notice of intention shall be published once a week for two successive weeks preceding the date of such hearing in a newspaper of general circulation in the city, or in case of cities or towns which have no newspaper published within their limits, notice of intention shall be published by placing said notice in a conspicuous place in such city or incorporated town generally used for publishing such public notices. (c) After such hearing the city council, local governing body, or designated officer shall certify such map, with any changes or revisions deemed to be advisable, as the official map of the arterial street system. (d) On or before December 31, 1953, each town, city, or city and county shall file copies of the following information with the department of transportation: (I) Certification of the total mileage of streets in its city street system as provided in paragraph (a) of this subsection (1); (II) Certification adopting its arterial street system, together with a copy of the map of the arterial street system as provided in paragraph (c) of this subsection (1). (2) Changes in total mileage and arterial mileage shall be made in a similar manner and all such changes shall be reported as made. Each annual report as required in section 43-2-132 shall include all changes or a statement that no changes have been made.

C.R.S. § 43-2-126 Street supervisors - duties

43-2-126. Street supervisors - duties. (Repealed)

C.R.S. § 43-2-127 Contracts for street supervision - report

43-2-127. Contracts for street supervision - report. (Repealed)

C.R.S. § 43-2-128 Municipalities exempt from street supervision sections

43-2-128. Municipalities exempt from street supervision sections. (Repealed)

C.R.S. § 43-2-129 Accounting by municipalities - unexpended funds - matching federal aid

43-2-129. Accounting by municipalities - unexpended funds - matching federal aid. (1) All amounts paid to each city, city and county, or incorporated town out of the highway users tax fund shall be accounted for as provided in this part 1. (2) A city, city and county, or incorporated town, if moneys paid from the highway users tax fund are not expended in any fiscal year, may carry over and rebudget such moneys for the succeeding year; or it may make expenditures in anticipation of receipt of these moneys and receive credit for them in the year in which the moneys are received. (3) In the event that any funds become available from the federal government for expenditure by the cities and incorporated towns in conjunction with funds which have accrued to such cities and incorporated towns for the construction, alteration, repair, or improvement of any street within the limits of said cities or incorporated towns, the city council or local governing authority of the respective cities and incorporated towns, upon the approval by the department of transportation, may use such funds which have accrued to them from the highway users tax fund for the purpose of matching the federal funds becoming available; if the city council or local governing authority of such city or incorporated town has, by proper resolution, filed in duplicate with the department of transportation and approved by said department, determined that the street construction, alteration, repair, or improvement to be performed in such city or incorporated town conforms in all respects to the requirements necessary for the use of such funds from the federal government and if all such funds becoming available are expended only as provided by law.

C.R.S. § 43-2-130 Street budgets

43-2-130. Street budgets. In each city, city and county, and incorporated town, the street supervisor or authorized budget officer, in compliance with the local government budget law, shall prepare each year a tentative street budget covering all proposed expenditures for the ensuing calendar year for the city street system. He shall submit the same as his recommended budget for the city street system to the city council or local governing authority for approval.

C.R.S. § 43-2-131 Municipal allocations - delinquent reports - grace period

43-2-131. Municipal allocations - delinquent reports - grace period. The state treasurer or any other state officer so designated shall make complete allocations from highway user revenues to only those cities, cities and counties, or towns which have complied with all the requirements of this part 1. The state agency or department designated in this part 1 to receive reports shall inform the cities, cities and counties, or towns in writing, by certified mail, of any delinquencies in reporting and shall forward a copy of such notice to the state treasurer. Delinquent cities, cities and counties, or towns shall be allowed a grace period of sixty days after date in which to rectify the delinquency. If the required reports have not been received at the end of the sixty-day grace period, the state treasurer shall withhold the moneys due to such cities, cities and counties, or towns until he has been informed that the required reports have been received. Payments withheld will be paid to the cities, cities and counties, or towns upon receipt of the delinquent reports.

C.R.S. § 43-2-132 Annual municipal reports

43-2-132. Annual municipal reports. (1) On or before the thirtieth day of June of each year, every city, city and county, and incorporated town shall cause to be made and filed with the highway maintenance division a complete report of the expenditures of all moneys applied to city street systems during the calendar year ending on the thirty-first day of December next preceding. The division shall prescribe the form and contents of such report. (2) The report shall contain the following: (a) A detailed statement identifying the separate amounts and sources of all moneys available during the calendar year covered by the report, including moneys made available by the United States government, the state, the county, and any other governmental agency, and moneys available from bond issues, special assessments, tax levy, or any other source whatever for street or road purposes; (b) A detailed statement of all expenditures during the calendar year covered by the report for street and road purposes, including obligations incurred but not yet paid. The statement shall contain uniform categories to be prescribed by the department of transportation, such categories to include but not be limited to expenditures for rights-of-way or other property, construction, maintenance, acquisition of equipment, and administration. The statement shall also set forth the amount of funds on hand at the beginning of the calendar year covered by the report, the manner in which highway users tax fund moneys and the county road and bridge fund were spent during such calendar year, and the amount of any unexpended funds remaining at the close of such calendar year. The department of transportation shall prescribe such other expenditure categories and such other information as may be deemed necessary by the department to fully disclose the nature and extent of all transactions by any city, city and county, or incorporated town relating to streets and roads. Any moneys which have become available to any city, city and county, and incorporated town for expenditure on roads and bridges by virtue of a condition placed on any type of land use approval shall be accounted for separately and said expenditures shall be limited to roads and bridges in connection with such land use project. (3) The highway maintenance division shall prepare detailed instructions for the uniform reporting of receipts and expenditures of all moneys to city streets and roads. (4) The highway maintenance division shall annually tabulate and compile all such reports and statements received from the cities, city and counties, and incorporated towns and shall publish these data in accordance with the provisions of section 24-1-136, C.R.S. (5) (a) On or before March 1 of each year, each city, city and county, and incorporated town shall submit to the department of transportation the certification prepared as provided by section 43-2-125 showing all changes in total mileage and arterial mileage having been made during the calendar year ending on December 31 next preceding. (b) Information concerning the condition of the streets, roads, and highways submitted pursuant to section 43-1-115 (2), shall be reported in conjunction with the report required by paragraph (a) of this subsection (5). (6) The reports required by this section shall be audited in accordance with the provisions of part 6 of article 1 of title 29, C.R.S., and such reports shall be included as supplementary information in the annual audit report.

C.R.S. § 43-2-132.5 Maintenance of local effort - highways

43-2-132.5. Maintenance of local effort - highways. (Repealed)

C.R.S. § 43-2-133 State inspection of municipal projects

43-2-133. State inspection of municipal projects. Whenever any city, city and county, or incorporated town undertakes the construction of any street project which involves the expenditure of state funds and federal funds, it is the duty of the department of transportation to inspect such projects at such times as the department of transportation deems necessary for the purposes of determining whether such projects are being built to the recommended standards.

C.R.S. § 43-2-134 Certification of designations - notice of change

43-2-134. Certification of designations - notice of change. (1) Within thirty days after December 31, 1979, the department of transportation shall certify by brief description in duplicate to the governing body and to the clerk of each municipality which streets, together with the bridges or other structures thereon, if any, in such municipality are presently designated as part of the state highway system as defined in this part 1. (2) Thereafter, the department of transportation shall inform each municipality of any change in designation that has occurred within its jurisdiction not later than sixty working days after the change. (3) No change shall be made in the designation of such street as a part of the state highway system without prior notice to the municipality and without opportunity for hearing before the commission.

C.R.S. § 43-2-135 Division of authority over streets

43-2-135. Division of authority over streets. (1) The jurisdiction, control, and duty of the state, cities, cities and counties, and incorporated towns with respect to streets which are a part of the state highway system is as follows: (a) The city, city and county, and incorporated town shall exercise full responsibility for and control over any such street beyond and including the curbs and, if no curb is installed, beyond the traveled way, its contiguous shoulders, and appurtenances; except that the regulation and control of driveways shall be subject to the provisions of section 43-2-147. (b) The department of transportation has authority to prohibit the suspension of signs, banners, or decorations above the portion of such streets between the curbs or portion used for highway purposes up to a vertical height of twenty feet above the surface of the roadway. (c) The city, city and county, or incorporated town at its own expense shall maintain all underground facilities in such streets and has the right to construct such underground facilities as may be necessary in such streets. (d) The city, city and county, or incorporated town has the right to grant the privilege to open the surface of any such street, but all damages occasioned thereby shall promptly be repaired either by the city, city and county, or incorporated town itself or at its direction. (e) The city, city and county, or incorporated town at its own expense shall provide street illumination and shall clean all such streets, including storm sewer inlets and catch basins. (f) The department of transportation has the right to utilize all storm sewers on such highways without cost; and if new storm sewer facilities are necessary in construction of streets by the department of transportation, the cost of such facilities shall be borne by the state and municipality as may be mutually agreed upon between the department of transportation and the local governing body of the city, city and county, or incorporated town. (g) Cities, cities and counties, and incorporated towns shall regulate and enforce all traffic and parking restrictions on streets which are state highways, but all regulations adopted after December 31, 1979, shall be approved in writing by the department of transportation before becoming effective on such streets; except that such regulations shall become effective on such streets sixty days after receipt for review by the department of transportation if not disapproved in writing by said department during that sixty-day period. (h) The department of transportation shall erect, control, and maintain at state expense all route markers and directional signs, except street signs on those streets. (i) The department of transportation shall install, operate, maintain, and control at state expense all traffic control signals, signs, and traffic control devices on state highways in cities, the city and county of Denver, the city and county of Broomfield, and incorporated towns. No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department of transportation. For the purpose of this paragraph (i), striping, lane-marking, and channelization are considered traffic control devices. (j) Rights-of-way for such street shall be acquired by either the city, city and county, or incorporated town or by the state as is mutually agreed upon. Costs of acquiring such rights-of-way may be at the sole expense of the state or the city, city and county, or incorporated town, or both, as may be mutually agreed. Title to all rights-of-way so acquired shall vest in the city, city and county, or incorporated town, or the state, according to the agreement under which said rights-of-way were secured. wn or by the state as is mutually agreed upon. Costs of acquiring such rights-of-way may be at the sole expense of the state or the city, city and county, or incorporated town, or both, as may be mutually agreed. Title to all rights-of-way so acquired shall vest in the city, city and county, or incorporated town, or the state, according to the agreement under which said rights-of-way were secured. (k) The department of transportation is authorized to acquire rights-of-way by purchase, gift, or condemnation for any such streets, highways, and bridges. Any such condemnation proceeding shall be exercised in the manner provided by law for condemnation proceedings to acquire lands required for state highways. Nothing in this section shall be construed as abrogating the rights of home rule cities to acquire lands for state purposes in the manner set forth in the charter of said cities.

C.R.S. § 43-2-136 Department makes rules for rating

43-2-136. Department makes rules for rating. (1) The department of transportation shall promulgate and adopt rules and regulations for a practical system of rating roads, streets, and highways based on sufficiency rating studies for the systems under its specific jurisdiction as follows: (a) Priorities for construction on the state highway system as designated by this part 1 shall be determined by the transportation commission not later than May thirtieth of the year preceding the year during which said construction is to be undertaken. (b) The transportation commission in establishing priorities shall make use of a sufficiency rating which shall take into consideration traffic volume, composition of traffic, width of the roadbed, pavement type, and such other construction factors as it deems necessary in order to adequately compare existing highway facilities with the known desirable standards for highways which should apply.

C.R.S. § 43-2-137 Counties submit priorities - instructions

43-2-137. Counties submit priorities - instructions. The boards of county commissioners of the various counties in Colorado and the city council of the city and county of Denver and the city council of the city and county of Broomfield shall annually submit to the commission priorities for the construction of roads and streets within their specific jurisdiction on the state highway system, plus all proposed projects not a part of the state highway system but utilizing federal funding. For purposes of this section and section 43-2-138, the city and county of Denver and the city and county of Broomfield shall be considered counties.

C.R.S. § 43-2-138 Municipalities submit priorities - instructions

43-2-138. Municipalities submit priorities - instructions. The city council or local governing authority of each incorporated place situated in Colorado shall annually submit to the commission, directly or through the board of county commissioners, priorities for the construction of roads and streets within its specific jurisdiction on the state highway system, plus all proposed projects not a part of the state highway system but utilizing federal funding.

C.R.S. § 43-2-139 Roadside advertising on county roads

43-2-139. Roadside advertising on county roads. The board of county commissioners of each county has the power to require all persons placing or maintaining road signs, guide boards, billboards, and bulletin boards, of any kind on any road constituting a part of the county highway system which do not conform to the standards designated by the transportation commission, to remove the same, and if such persons do not comply with such requirements, the board of county commissioners has the power to remove said signs and boards. Where said signs and boards are erected outside the right-of-way of any county road in such a manner that any portion of said sign or board projects onto the right-of-way of said county road, the board of county commissioners has the power to remove as much of said sign or board projecting onto said right-of-way as is necessary to keep said right-of-way free and clear of obstruction.

C.R.S. § 43-2-140 Roadside advertising on state highways

43-2-140. Roadside advertising on state highways. (Repealed)

C.R.S. § 43-2-141 Violation of sections - penalties

43-2-141. Violation of sections - penalties. Any person or corporation who places or maintains any road signs, guide boards, billboards, or bulletin boards on any road constituting the county system in violation of section 43-2-139 commits a civil infraction. Any person or corporation which injures, defaces, or destroys any road sign placed on any county road, as provided by law, commits a civil infraction.

C.R.S. § 43-2-142 Jurisdiction

43-2-142. Jurisdiction. All courts of record having jurisdiction of misdemeanors have jurisdiction to try any case arising from the violation of this part 1 or any provision thereof.

C.R.S. § 43-2-143 Obstructing highway view - penalty

43-2-143. Obstructing highway view - penalty. (Repealed)

C.R.S. § 43-2-144 Intergovernmental highway contracts

43-2-144. Intergovernmental highway contracts. (1) The transportation commission, counties, and municipalities have the following powers, in addition to powers which they may already have, to contract with one another concerning streets, roads, and highways. (2) The board of county commissioners of any county is authorized to contract with the transportation commission or with any city or town within the county, or with both the transportation commission and a city or town, for the construction or maintenance, or both, of county or state highways within the county or within the county and the city or town. Adjoining counties may also contract with each other for construction or maintenance, or both, of public highways where roads in one county may be constructed or maintained, or both, more economically by an adjoining county. (3) Towns and cities are authorized to contract with the transportation commission or with the board of county commissioners, or with both the transportation commission and the board of county commissioners, for the construction or maintenance, or both, of city streets or county or state highways within the town or city. (4) Such contracts may extend for an indefinite period of time. The expenditures to be required each year shall be separately budgeted, and where the contract may extend over more than one budgeting period, the entire amount required by such contract need not be budgeted before such contract is made. (5) Existing valid contracts between the parties enumerated in subsections (2) and (3) of this section shall not automatically be voided by the adoption of this part 1 but are expressly confirmed and ratified; but, upon the agreement of all parties to a contract, such contract may be modified in accordance with this part 1.

C.R.S. § 43-2-145 Transportation legislation review - committee - definition - repeal

43-2-145. Transportation legislation review - committee - definition - repeal. (1) (a) The transportation legislation review committee is hereby created in order to give guidance and direction to: (I) The department of transportation in the development of the state transportation system and to provide legislative overview of and input into such development; (II) The department of revenue in the licensing of drivers and registration and titling of motor vehicles; and (III) Any state agency or political subdivision of Colorado that regulates motor vehicles or traffic, including, without limitation, penalties imposed for violating traffic statutes and rules. (b) (I) The committee shall meet at least once each year to review transportation, traffic, and motor vehicle legislation and may consult with experts in the fields of traffic regulation, the licensing of drivers, the registration and titling of motor vehicles, and highway construction and planning and may consult with the personnel of the department of transportation or the department of revenue as may be necessary. All personnel of the department of transportation, the department of revenue, or any state agency or political subdivision of Colorado that regulates motor vehicles or traffic shall cooperate with the committee and with any persons assisting the committee in carrying out its duties pursuant to this section. The committee may review any phase of department of transportation operations, including planning and construction of highway projects, prior to and during the completion of such projects. (II) Repealed. (c) The committee may also conduct a post-operation review of such projects to determine whether the project was completed in the most cost-effective and efficient manner. The committee may require the department of transportation to prepare and adopt five-, ten-, and fifteen-year plans for the development of the state transportation system, and the committee shall monitor the progress of such plans. The committee may also require financial or performance audits to be conducted. Upon completion of its review of the transportation laws, the committee shall make recommendations to the governor and to the general assembly for such additional legislation as it deems necessary. The committee shall also develop and make recommendations concerning the financing of the state transportation system. Legislation recommended by the committee shall be treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. (d) and (e) Repealed. (1.3) (a) (I) For purposes of this subsection (1.3), "agency" means any state, regional, or local agency, authority, department, district, or organization, other than an individual municipality or county, that: (A) Is responsible for researching, planning, developing, or improving transportation systems, mass transit systems, or regional plans that include the provision of mass transit within the jurisdiction of the agency; and (B) Has or may have overlapping or coterminous jurisdiction with another agency. (II) The term "agency" includes, without limitation, the department of transportation, the regional transportation district, the Colorado intermountain fixed guideway authority, and the Denver regional council of governments. plans that include the provision of mass transit within the jurisdiction of the agency; and (B) Has or may have overlapping or coterminous jurisdiction with another agency. (II) The term "agency" includes, without limitation, the department of transportation, the regional transportation district, the Colorado intermountain fixed guideway authority, and the Denver regional council of governments. (b) Each agency shall share information and coordinate efforts with other agencies in the research, planning, and development of mass transit systems to avoid the creation of duplicative or conflicting mass transit systems in the state. The committee may review the operations of any agency to ensure compliance with the provisions of this paragraph (b). In connection with the review of the committee, any agency required to share information and coordinate efforts in accordance with this paragraph (b) shall report to the committee no later than August 15, 2001, and each August 15 thereafter through August 15, 2009, and no later than August 15, 2011, and each August 15 thereafter regarding compliance with this paragraph (b). (1.4) Repealed. (1.5) The committee may review any phase of operations of any public highway authority created pursuant to part 5 of article 4 of this title, including planning and construction of public highway projects, prior to and during the completion of such projects. The committee may also conduct a post-operation review of a project to determine whether the project was completed in the most cost-effective and efficient manner. The committee may require any public highway authority to prepare and adopt long-range plans for the development of the public highways, and the committee shall monitor the progress of such plans. The committee may also require the state auditor to conduct a financial or performance audit of any public highway authority. (1.6) and (1.8) Repealed. (1.9) The committee may review any phase of operations of any regional transportation authority created pursuant to part 6 of article 4 of this title, including the planning and construction of regional transportation systems, prior to and during the completion of such systems. The committee may also conduct a post-operation review of any system to determine whether the system was completed in the most cost-effective and efficient manner. The committee may require any regional transportation authority to prepare and adopt long-range plans for the development of regional transportation systems, and the committee shall monitor the progress of the plans. The committee may also require financial or performance audits to be conducted. (2) Repealed. (2.1) (a) During the 2024 legislative interim, the committee shall analyze the issue of enforcement of impaired driving offenses, including situations involving a driver who refuses to take or complete a blood or breath test as required by law. (b) The committee may request and receive input from the Colorado state patrol and the Colorado task force on drunk and impaired driving created in section 42-4-1306 and take testimony from interested or knowledgeable people about the issue of enforcement of impaired driving offenses and may otherwise research the issue. (c) The committee may make recommendations concerning the issue of enforcement of impaired driving offenses described in this subsection (2.1) to the general assembly, and, if the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. may make recommendations concerning the issue of enforcement of impaired driving offenses described in this subsection (2.1) to the general assembly, and, if the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. (d) This subsection (2.1) is repealed, effective July 1, 2025. (2.2) (a) During the 2024 legislative interim, the committee shall study the issue of careless driving, described in section 42-4-1402, that results in accidental death. The committee shall study the frequency of careless driving incidents that result in accidental death and whether the current possible civil and criminal charges, including charges that may be brought in addition to those for careless driving, and associated penalties, are appropriate. (b) As part of its study, the committee shall request input from the Colorado district attorneys' council, the office of state public defender, private criminal defense attorneys, plaintiff and defense counsel who handle civil claims related to traffic accidents, victim representatives, criminal justice reform organizations in Colorado, the judicial department, the Colorado state patrol, and other law enforcement agencies. (c) The committee may make recommendations to the general assembly concerning careless driving incidents that result in accidental death. If the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. If the committee does not recommend legislation, the committee shall report to the general assembly, in writing, the findings of its study and any recommendations of the committee. The written findings and recommendations may be included in the committee's final report made following its work during the 2024 legislative interim. (d) This subsection (2.2) is repealed, effective July 1, 2025. (2.3) (a) During the 2024 legislative interim, the committee shall study the issue of the appropriate penalty for failing to maintain motor vehicle or low-powered scooter insurance and present evidence of insurance to a requesting officer, as required in section 42-4-1409. Any requirement to maintain insurance to operate a commercial vehicle, and the penalty for not maintaining commercial vehicle insurance, is not within the scope of the study required in this subsection (2.3). (b) As part of its study, the committee shall request input from county court judges, the Colorado state patrol and other law enforcement agencies, the Colorado district attorneys' council, the office of state public defender, private attorneys who defend persons in actions related to maintaining motor vehicle insurance, victims of persons driving without insurance, persons who were convicted of driving without insurance, the department of revenue, and criminal justice reform organizations in Colorado. Upon approval of the executive committee of the legislative council, the committee may hold hearings away from the capitol as part of the study. end persons in actions related to maintaining motor vehicle insurance, victims of persons driving without insurance, persons who were convicted of driving without insurance, the department of revenue, and criminal justice reform organizations in Colorado. Upon approval of the executive committee of the legislative council, the committee may hold hearings away from the capitol as part of the study. (c) The committee may make recommendations to the general assembly concerning the appropriate penalty for failing to maintain insurance and present evidence of insurance to a requesting officer. If the committee recommends legislation, the legislation is treated as legislation recommended by an interim legislative committee for purposes of any introduction deadlines or bill limitations imposed by the joint rules of the general assembly. If the committee does not recommend legislation, the committee shall report to the general assembly, in writing, the findings of its study and any recommendations of the committee. The written findings and recommendations may be included in the committee's final report made following its work during the 2024 legislative interim. (d) This subsection (2.3) is repealed, effective July 1, 2025. (2.5) (a) Effective January 1, 2001, the committee shall be comprised of the members of the transportation and energy committee of reference of the house of representatives and the members of the transportation committee of reference of the senate. The chairman of the senate transportation committee shall be the chairman in even-numbered years and vice-chairman in odd-numbered years. The chairman of the house transportation and energy committee shall be chairman in odd-numbered years and vice-chairman in even-numbered years. (b) The members of the respective committees of reference shall receive the usual per diem and necessary travel and subsistence expenses as provided for members of the general assembly who attend interim committee meetings pursuant to section 2-2-307, C.R.S. (3) and (4) Repealed. (5) The legislative council staff shall be made available to assist the committee in carrying out its duties pursuant to this section. (6) to (11) Repealed.

C.R.S. § 43-2-145.5 Transportation legislation review committee - study of revisions to the traffic law - compulsory insurance

43-2-145.5. Transportation legislation review committee - study of revisions to the traffic law - compulsory insurance. (Repealed)

C.R.S. § 43-2-146 Highway bypasses - public policy - when

43-2-146. Highway bypasses - public policy - when. (1) It is the public policy of the state of Colorado that where the transportation commission has authorized a highway bypass to be built around any incorporated city or town or unincorporated business community of the state of Colorado, the original state highway or state and federal highway markings shall remain on the existing highway through such incorporated city, town, or unincorporated business community and the existing highway shall be maintained, and the new bypass highway shall carry the designation "bypass" or other similar markings. (2) In all cases where such relocation has been authorized as a part of the national system of interstate and defense highways, the original state highway may be retained as part of the state system or a new and more direct approach road may be constructed to maintain service to such incorporated city, town, or unincorporated business community. In the event a new and more direct approach road is constructed, such approach road shall be placed on the state highway system and the original state highway may be deleted from the state system as provided in section 43-2-106. The markings of the relocated system of highways shall be accomplished in accordance with the practice established under section 42-4-104, C.R.S.

C.R.S. § 43-2-147 Access to public highways - definitions

43-2-147. Access to public highways - definitions. (1) (a) The department of transportation and local governments are authorized to regulate vehicular access to or from any public highway under their respective jurisdiction from or to property adjoining a public highway in order to protect the public health, safety, and welfare, to maintain smooth traffic flow, to maintain highway right-of-way drainage, and to protect the functional level of public highways. In furtherance of these purposes, all state highways are hereby declared to be controlled-access highways, as defined in section 42-1-102 (18), C.R.S. (b) Vehicular access to or from property adjoining a state highway shall be provided to the general street system, unless such access has been acquired by a public authority. Police, fire, ambulance, and other emergency stations shall have a right of direct access to state highways. After June 21, 1979, no person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code. (c) The provisions of this section shall not be deemed to deny reasonable access to the general street system. (2) and (3) Repealed. (4) The commission shall adopt a state highway access code, by rule and regulation, for the implementation of this section, on or after March 16, 1980. The access code shall address the design and location of driveways and other points of access to public highways. The access code shall be consistent with the authority granted in this section and shall be based upon consideration of existing and projected traffic volumes, the functional classification of public highways, adopted local transportation plans and needs, drainage requirements, the character of lands adjoining the highway, adopted local land use plans and zoning, the type and volume of traffic to use the driveway, other operational aspects of the driveway, the availability of vehicular access from local streets and roads rather than a state highway, and reasonable access by city streets and county roads. (5) (a) After the effective date of the access code, no person shall construct any driveway providing vehicular access to or from any state highway from or to property adjoining a state highway without an access permit issued by the appropriate local authority with the written approval of the department of transportation. If the local authority fails to act within forty-five days after an access permit has been requested, such permit shall be deemed issued subject to written approval of the department of transportation. If the department of transportation does not act upon an access permit within twenty days after notice by the local authority, or within twenty days after local authorities should have acted, whichever is the lesser, such permit shall be deemed approved. Upon written request by a local authority, the department of transportation shall administer or assist in the administration of access permits in that jurisdiction. If the department of transportation undertakes to administer access permits in a jurisdiction, it shall act upon requested access permits within forty-five days of request. If the department of transportation fails to act within forty-five days upon a requested access permit, such permit shall be deemed approved. Access permits shall be issued only in compliance with the access code and may include terms and conditions authorized by the access code. (b) The issuing authority shall establish a reasonable schedule of fees for access permits issued pursuant to the access code and this section, which fees shall not exceed the costs of administration of access permits. it, such permit shall be deemed approved. Access permits shall be issued only in compliance with the access code and may include terms and conditions authorized by the access code. (b) The issuing authority shall establish a reasonable schedule of fees for access permits issued pursuant to the access code and this section, which fees shall not exceed the costs of administration of access permits. (c) When a permitted driveway is constructed or utilized in violation of the access code, permit terms and conditions, or this section, either the issuing authority or the department of transportation or both may obtain a court order enjoining violation of the access code, permit terms and conditions, or this section. Such access permits may be revoked by the issuing authority if, at any time, the permitted driveway and its use fail to meet the requirements of this section, the access code, or the terms and conditions of the permit. The department of transportation may install barriers across or remove any driveway providing direct access to a state highway which is constructed without an access permit. (6) (a) The provisions of this section shall not apply to driveways in existence on June 30, 1979, unless specifically stated otherwise. Driveways constructed between July 1, 1979, and the effective date of the access code shall comply with the driveway code adopted by the department of transportation pursuant to statutory authority prior to July 1, 1979. (b) Any driveway, whether constructed before, on, or after June 30, 1979, may be required by the department of transportation with written concurrence of the appropriate local authority to be reconstructed or relocated to conform to the access code, either at the property owner's expense if the reconstruction or relocation is necessitated by a change in the use of the property which results in a change in the type of driveway operation or at the expense of the department of transportation if the reconstruction or relocation is necessitated by changes in road or traffic conditions. The necessity for the relocation or reconstruction shall be determined by reference to the standards set forth in the access code. (c) Any party who has received an adverse decision by the department of transportation may request and shall receive a hearing before the transportation commission or before an administrative law judge from the department of personnel, at the discretion of the transportation commission. Such hearing shall be conducted in accordance with the provisions of article 4 of title 24, C.R.S. Decisions by the transportation commission or by an administrative law judge shall be considered final agency action. (d) Reconstruction or relocation of a driveway shall be administered in the same manner as the revocation of a license under the "State Administrative Procedure Act". (7) The boards of county commissioners may, by resolution, and other local authorities may, in the manner prescribed in article 16 of title 31, C.R.S., adopt by reference the state highway access code, in whole or in part, or may adopt separate provisions, for application to local roads and streets that are not a part of the state highway system. (7.5) The issuing authority shall grant a variance from the state highway access code if such variance would not be inconsistent with paragraph (a) of subsection (1) of this section and if such variance is reasonably necessary for the convenience, safety, and welfare of the public. If failure to grant a variance would deny reasonable access to the general street system, such denial may be subject to the provisions of section 43-1-208 and section 15 of article II of the state constitution. (8) As used in this section, unless the context otherwise requires: (1) of this section and if such variance is reasonably necessary for the convenience, safety, and welfare of the public. If failure to grant a variance would deny reasonable access to the general street system, such denial may be subject to the provisions of section 43-1-208 and section 15 of article II of the state constitution. (8) As used in this section, unless the context otherwise requires: (a) "Access control plan" means a roadway design plan which designates preferred access locations and their designs for the purpose of bringing those portions of roadway included in the access control plan into conformance with their functional classification to the extent feasible. (b) "Appropriate local authority" means the board of county commissioners if the driveway is to be located in the unincorporated area of a county and the governing body of the municipality if the driveway is to be located within an incorporated municipality. (c) "Functional classification" means a classification system that defines a public roadway according to its purposes in the local or statewide highway plans. The commission shall determine the functional classification of all state highways. The functional classification of county roads and city streets shall be determined by the appropriate local authority. (d) "General street system" means the interconnecting network of city streets, county roads, and state highways in an area. (e) "Issuing authority" means the entity which issues access permits and includes the board of county commissioners, the governing body of a municipality, and the department of transportation. (f) "Local road" means a county road, as provided in sections 43-2-108 and 43-2-109, and "local street" means a municipal street, as provided in sections 43-2-123 and 43-2-124.

C.R.S. § 43-2-148 Metropolitan transportation development commission

43-2-148. Metropolitan transportation development commission. (Repealed)

C.R.S. § 43-2-149 Roadside memorials authorized - specifications - permit - definitions

43-2-149. Roadside memorials authorized - specifications - permit - definitions. (1) As used in this section, unless the context otherwise requires: (a) "County memorial" means a plaque, monument, or similar object placed in a particular location on a county road to commemorate one or more people who died on that county road. (b) "Department" means the department of transportation. (c) "Erect" means to construct or allow to be constructed. (d) "Highway" means any road in the state highway system, as defined in section 43-2-101 (1). (e) "Maintain" means to preserve, keep in repair, or replace a roadside memorial. (f) "State memorial" means a sign on a highway to commemorate one or more people who died on that highway. (2) (a) (I) The department shall erect and maintain a state memorial requested in accordance with this subsection (2). The department shall be exclusively responsible for the type, location, and design of the state memorial. (II) An application for a state memorial shall be made on a form provided by the department, shall be signed by the applicant or the applicant's duly authorized officer or agent, and shall include: (A) The name and address of the applicant; (B) The name of the individual memorialized and the highway where such individual lost his or her life; and (C) A fee to be determined by the department; except that such fee shall not exceed the direct and indirect expenses associated with erecting and maintaining such state memorial. The department shall transmit the fee to the state treasurer for deposit in the state highway fund, created in section 43-1-219. (b) A state memorial shall be located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location. A state memorial shall contain the name of the person memorialized and shall be erected and maintained for at least two years. (c) Notwithstanding any provision of this section to the contrary, if any provision of this section conflicts with federal law, the department shall not erect or maintain state memorials pursuant to this section. (2.5) (a) (I) The department shall erect and maintain a permanent state memorial for each Colorado state trooper who has died on a highway while in the line of duty. (II) The state memorial erected pursuant to subparagraph (I) of this paragraph (a) must: (A) Be placed in the location where the trooper's death occurred, located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location; and (B) Measure four feet in height by three feet in width. (b) The department shall use gifts, grants, and donations to fund the state memorials placed pursuant to this subsection (2.5). s death occurred, located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location; and (B) Measure four feet in height by three feet in width. (b) The department shall use gifts, grants, and donations to fund the state memorials placed pursuant to this subsection (2.5). (c) Notwithstanding any provision of this section to the contrary, if the application of any provision of this subsection (2.5) in a specific location conflicts with federal law, the department shall neither erect nor maintain a state memorial at that location. (3) (a) (I) A person may erect and maintain a county memorial if the proposed county memorial conforms with the requirements of this subsection (3) and, where required by the county, the applicable board of county commissioners, or the board's designee, has issued a permit to erect the county memorial on a county road in a primary or secondary system, as described in section 43-2-108. An applicant for a permit to erect a county memorial on a county road shall be exclusively responsible for the type, location, and design of the county memorial, subject to the requirements of this section. (II) An application for a permit shall be made on a form provided by the county, shall be signed by the applicant or the applicant's duly authorized officer or agent, and shall include: (A) The type, proposed location, and dimensions of the proposed county memorial and other information required by the form; (B) The name and address of the applicant; (C) The name of the individual memorialized and the highway where such individual lost his or her life; (D) An agreement by the applicant to erect and maintain the county memorial in a safe, sound, and good condition; and (E) A uniform fee not to exceed the county's direct and indirect expenses associated with issuing and administering the permit. The county shall transmit the fee to the county treasurer, who shall credit it to the applicable county highway or transportation fund. (b) County memorials shall not exceed three feet in height above the ground, two feet in width, and six inches in thickness. County memorials shall be constructed of a durable material and shall not contain any moving or electronic parts. County memorials shall be located within the highway easement as far from the roadway as is practicable or reasonably necessary to preserve public safety and facilitate highway maintenance, given the proposed location. County memorials may contain the name of the person memorialized, the dates of such person's birth and death, and other relevant information. (4) (a) The department shall deny an application for a state memorial if the proposed location of the memorial would result in a potential safety hazard or maintenance impediment. The department may suggest that the applicant consider an alternative design or placement and may remove any memorial on a highway that does not comply with the provisions of subsection (2) of this section. The department may deny or revoke a permit for false or misleading information given in the application for a state memorial pursuant to subsection (2) of this section. maintenance impediment. The department may suggest that the applicant consider an alternative design or placement and may remove any memorial on a highway that does not comply with the provisions of subsection (2) of this section. The department may deny or revoke a permit for false or misleading information given in the application for a state memorial pursuant to subsection (2) of this section. (b) A board of county commissioners, or the board's designee, shall deny an application if the proposed type or location of the county memorial would result in a potential safety hazard or maintenance impediment. The board of county commissioners, or the board's designee, may suggest that the applicant consider an alternative design or placement and may remove any county memorial that does not comply with subsection (3) of this section, including through the applicant's failure to substantially perform any erection or maintenance agreement specified in the permit. The board of county commissioners, or the board's designee, may deny or revoke a permit for false or misleading information given in the application or for the erection or maintenance of a county memorial in violation of this section. (c) Nothing in this section shall be construed to require a county to establish a permitting process pursuant to this section, but no county may prohibit or deny requests for placement of roadside memorials on county roads in the absence of a permitting process that complies with this section.

C.R.S. § 43-2-150 Roadside chain service - rules

43-2-150. Roadside chain service - rules. The department may contract with one or more entities to provide roadside assistance, selling or applying chains or other equipment to commercial vehicles, necessary to enable compliance with section 42-4-106, C.R.S. The department may authorize, by rule or contract, the entity to receive a reasonable fee for services provided.

C.R.S. § 43-2-151 Managed lanes - study by department of transportation - repeal

43-2-151. Managed lanes - study by department of transportation - repeal. (Repealed)

C.R.S. § 43-2-201 Public highways

43-2-201. Public highways. (1) The following are declared to be public highways: (a) All roads over private lands dedicated to the public use by deed to that effect, filed with the county clerk and recorder of the county in which such roads are situate, when such dedication has been accepted by the board of county commissioners. A certificate of the county clerk and recorder with whom such deed is filed, showing the date of the dedication and the lands so dedicated, shall be filed with the county assessor of the county in which such roads are situate. (b) All roads over private or other lands dedicated to public uses by due process of law and not heretofore vacated by an order of the board of county commissioners duly entered of record in the proceedings of said board; (c) All roads over private lands that have been used adversely without interruption or objection on the part of the owners of such lands for twenty consecutive years; (d) All toll roads or portions thereof which may be purchased by the board of county commissioners of any county from the incorporators or charter holders thereof and thrown open to the public; (e) All roads over the public domain, whether agricultural or mineral.

C.R.S. § 43-2-201.1 Closure of public highways extending to public lands - penalty

43-2-201.1. Closure of public highways extending to public lands - penalty. (1) Any person, other than a governing body of a municipality or county acting pursuant to part 3 of this article 2, who intentionally blocks, obstructs, or closes any public highway, as described in section 43-2-201, that extends to any public land, including public land belonging to the federal government, thereby closing public access to public lands, without good cause therefor, commits a class 2 misdemeanor and shall be punished as provided in section 18-1.3-501. (2) The provisions of this section shall not apply to temporary and reasonable obstruction of the public highways described in subsection (1) of this section by a railroad train at a railroad crossing. (3) Any peace officer of this state, as described in section 16-2.5-101, C.R.S., has the authority to enforce the provisions of this section. (4) (a) Notwithstanding the provisions of subsection (1) of this section, any owner of private land who complies with the provisions of this subsection (4) may post notice of intent to close a road crossing such land if such road has been abandoned. Said owner shall promptly notify the board of county commissioners of the county in which such road is located of such proposed closure. The board of county commissioners so notified shall publish notice of such proposed closure in a newspaper of general circulation in such county within sixty days after receipt of notice from said owner and shall post notice of such proposed closure at each end of the road described in the notice. If the board of county commissioners receives no objection to such proposed closure within eighteen months after such publication, the road described in such notice shall be closed to public access. (b) If the board of county commissioners receives objection to such proposed closure, it shall schedule a public hearing concerning the proposed closure and shall publish notice of said hearing in a newspaper of general circulation in such county at least ten days prior to said hearing. At said hearing, the board shall hear objections to the proposed closure and shall decide, within thirty days of the hearing, whether the road described in the notice shall be closed to public access.

C.R.S. § 43-2-202 County road and bridge fund - apportionment to municipalities

43-2-202. County road and bridge fund - apportionment to municipalities. (1) (a) A fund to be known as the county road and bridge fund is created and established in each county of this state. Such fund shall consist of the revenue derived from the tax authorized to be levied under section 43-2-203 for road and bridge construction, maintenance, and administration, all moneys received by the county from the state or federal governments for expenditure on roads and bridges, and any other moneys that may become available to the county for such purpose. Any moneys that have become available to the county for expenditure on roads and bridges by virtue of a condition placed on any type of land use approval shall be accounted for separately and said expenditures shall be limited to roads and bridges in connection with such land use project. (b) In addition to the moneys specified in paragraph (a) of this subsection (1), the county road and bridge fund consists of any general fund moneys that the board of county commissioners of the applicable county transfers to the fund pursuant to section 30-25-106 (3), C.R.S., after the governor declares a disaster emergency in the county. The board of county commissioners may transfer back to the county general fund any moneys that it transferred to the county road and bridge fund pursuant to section 30-25-106 (3), C.R.S. (2) Each municipality located in any county of this state is entitled to receive from the county road and bridge fund of the county wherein it is located an amount equal to fifty percent of the revenue accruing to said fund from extension only of the levy authorized to be made under section 43-2-203 against the valuation for assessment of all taxable property located within its corporate boundaries; except that, by mutual agreement between such municipality and the board of county commissioners, such municipality may elect to receive, in part or in full, the equivalent of such amount in the value of materials furnished or work performed on roads and streets located within its corporate boundaries by the county either during the calendar year in which such revenue is actually collected or by mutual agreement during any succeeding calendar year. A board of county commissioners may, at its option, provide additional money, furnish additional materials, or perform additional work for a municipality located in the county in excess of the money or equivalent materials or work entitled to be received by such municipality under this section. If so determined by the division of local government as provided in section 29-1-301 (1.2)(b), C.R.S., this subsection (2) shall not apply to any one-time, nonrecurring expenditure as a result of an increased levy under section 29-1-301 (1.2), C.R.S., if the expenditure is for a county road or bridge capital project or county road or bridge capital asset. (3) In all cases where a municipality has not elected to receive its share of the county road and bridge fund in equivalent value of materials furnished or work performed by the county, under mutual agreement, it is the duty of the county treasurer, on the fifteenth day of each July, October, January, and April, to pay over to the treasurer of such municipality, out of the county road and bridge fund, the amount to which such municipality has become entitled during the preceding three calendar months. (4) All moneys received by a municipality from the county road and bridge fund shall be credited to an appropriate fund and shall be used by such municipality only for construction and maintenance of roads and streets located within its corporate boundaries.

C.R.S. § 43-2-203 County road and bridge budget - tax levy

43-2-203. County road and bridge budget - tax levy. (1) As a part of the total county budget and in conformity with the "Local Government Budget Law of Colorado", part 1 of article 1 of title 29, C.R.S., each county shall annually adopt a county road and bridge budget for the ensuing fiscal year, which budget shall show: The aggregate amount estimated to be expended for county road and bridge construction, maintenance, and administration and the aggregate amount estimated to be paid from the county road and bridge fund to municipalities located within the county, either in cash or in equivalent value of materials to be furnished or work to be performed under mutual agreements with such municipalities, during said fiscal year; the amount being carried over for equivalent materials to be furnished or work to be performed from any prior fiscal year for any municipality within the county pursuant to section 43-2-202 (2); the estimated balance in said fund at the beginning of said fiscal year; the aggregate amount estimated to be received from state, federal, or other sources during said fiscal year; and the amount necessary to be raised during said fiscal year from the levy authorized in subsection (2) of this section. The requirements of this subsection (1) do not apply to any moneys in the county road and bridge fund pursuant to section 30-25-106 (3), C.R.S. (2) The board of county commissioners in each county is authorized to levy such rate of tax on all taxable property located within the county as required, when added to the estimated balance on hand at the beginning of said ensuing fiscal year and the amount of all revenues, other than property tax revenue, estimated to be received during said fiscal year, to defray all expenditures and payments estimated to be made from the county road and bridge fund during said fiscal year. When determining the rate of tax to be levied pursuant to this subsection (2), the board of county commissioners shall exclude from the estimated balance of the county road and bridge fund any moneys that it transferred to the fund pursuant to section 30-25-106 (3), C.R.S.

C.R.S. § 43-2-204 Commissioners authorized to acquire property for highways

43-2-204. Commissioners authorized to acquire property for highways. Boards of county commissioners, acting for their respective counties, are authorized to acquire by donation, by purchase, or by eminent domain proceedings in the name of such boards any private or public property necessary for the improvement or construction of state highways. Said boards have authority to contract with the department of transportation to pay for all or any part of such property so acquired.

C.R.S. § 43-2-205 Rights-of-way - public land

43-2-205. Rights-of-way - public land. The board of county commissioners of each county in the state of Colorado is authorized to lease a right-of-way over any lands in the state of Colorado held for public purposes which are not in actual use for the purpose to which they are dedicated, for such period of time and under such terms and conditions as it deems advisable, and to construct and maintain public roads and highways thereon.

C.R.S. § 43-2-206 Acquisition of rights of prior lessee

43-2-206. Acquisition of rights of prior lessee. If the board of county commissioners of any county, after entering into contract of lease of lands for highway purposes under the provisions of section 43-2-205, is unable to agree with the person holding possession under a prior lease, or otherwise, of any portion of the land so leased by the board of county commissioners for highway purposes for the purchase of the interest, title, or right to possession of any portion of the land necessary or required for the construction of the proposed highway on or over the strip of land so leased, such board may acquire the right to possession thereof in the manner provided by law for the condemnation of real estate.

C.R.S. § 43-2-207 Expense of construction and maintenance

43-2-207. Expense of construction and maintenance. (1) The board of county commissioners of any county in the state of Colorado and the transportation commission of the state of Colorado are authorized to make such expenditures of moneys of the county and the state of Colorado appropriated to the construction and maintenance of highways upon lands leased or condemned for highway purposes under the provisions of section 43-2-205 as are necessary for the construction and the maintenance of public highways thereon. (2) (a) Expenditures authorized under this title for the construction and maintenance of highways on land which has been purchased, condemned, leased, or otherwise acquired by the department of transportation or the board of county commissioners of any county of the state may include the spraying of such lands bordering highways which are infested with grasshoppers or other insects, as the latter are defined in paragraph (c) of this subsection (2), and may also include the destruction and eradication of noxious, injurious, and poisonous weeds growing along said highways. (b) Expenditures made by the transportation commission pursuant to this subsection (2) shall be paid from the state highway fund. (c) As used in this subsection (2), "insects" means any of the small invertebrate animals in the phylum arthropoda comprising the class insecta, arachnida, and chilopoda, that is six-legged winged and unwinged forms, eight-legged segmented forms and those with two or more pairs of legs per body segment.

C.R.S. § 43-2-208 County commissioners authorized to construct highways and let contracts

43-2-208. County commissioners authorized to construct highways and let contracts. (1) Whenever any county highway or bridge is to be constructed or any grading or repairing is to be done upon any county highway, the board of county commissioners is authorized to undertake such construction, grading, or repairing in its own behalf or to let contracts for the same. Boards of county commissioners are also authorized to make bids and to enter into contracts, where the contract price involved does not exceed one hundred thousand dollars, with the department of transportation or any agency of the federal or state government for the construction, maintenance, and repair of state or federal highways or bridges within their respective counties and to undertake and perform whatever work is necessary in connection therewith. All labor employed in such contracts shall be bona fide residents of the state of Colorado, and in all cases preference shall be granted to residents of the county wherein the contract is being performed. (2) Repealed.

C.R.S. § 43-2-209 Contract for work on highways - advertise for bids

43-2-209. Contract for work on highways - advertise for bids. If any board of county commissioners desires to let out any work on the county highways by contract, it may advertise in a legal newspaper in the county or post a notice in the county courthouse, for a period of not less than ten days before the contract is let, for sealed proposals for performing the work. When a contract for work on highways involves expenditures equal to or greater than the amount at which a contract requires a contractor's bond under section 38-26-105, C.R.S., the board of county commissioners shall advertise in a newspaper as provided in this section unless such advertisement, in the judgment of the board, would be detrimental to the immediate preservation of the public peace, health, and safety. The advertisement must describe the work to be done and its location and must refer all persons to the person holding the plans and specifications therefor. and such contract shall be awarded to the lowest responsible bidder, the board reserving the right to reject any bids proffered. The cost of any county highway work mentioned in sections 43-2-208 to 43-2-210 may be paid out of the county road and bridge fund or emergency road fund, as the board may determine.

C.R.S. § 43-2-210 Only residents of county to be given employment

43-2-210. Only residents of county to be given employment. Only those persons who, at the time of employment, are residents of the county in which the project is being carried on shall be given employment insofar as possible. The residence of a person is considered to be that place in which his habitation is fixed and to which, whenever he is absent, he has the intention of returning.

C.R.S. § 43-2-211 Cattle guards - specifications

43-2-211. Cattle guards - specifications. The board of county commissioners of a county has authority to establish cattle guards on highways at the expense of the county or to permit the owners of land adjoining a county highway to establish cattle guards on highways at the expense of the landowners. All such cattle guards shall be established according to fixed specifications and design and under the supervision of the board of county commissioners.

C.R.S. § 43-2-212 Sections applicable only to county highways

43-2-212. Sections applicable only to county highways. The provisions of sections 43-2-211 to 43-2-213 shall apply to the establishment of cattle guards on highways designated as county highways.

C.R.S. § 43-2-213 Not deemed an obstruction

43-2-213. Not deemed an obstruction. Cattle guards permitted and established under the provisions of sections 43-2-211 and 43-2-212 shall not constitute an obstruction of the highway under the provisions of section 43-5-301.

C.R.S. § 43-2-214 County highway anticipation warrant retirement fund

43-2-214. County highway anticipation warrant retirement fund. Whenever the board of county commissioners of any county within the territorial limits of which there is or may be developed a producing oil or gas field deems it necessary to anticipate its road revenues in whole or in part for the construction, making, or repairing of public roads, bridges, or highway structures within the territorial limits of such county, it may by an order entered of record establish a fund under the administration of the county treasurer to be known as the county highway anticipation warrant retirement fund.

C.R.S. § 43-2-215 Moneys allocated to fund

43-2-215. Moneys allocated to fund. Upon creation and establishment of such fund the board of county commissioners of such county shall thereupon allocate to said fund all moneys which may become available to such county for highway purposes from federal royalties, together with such additional revenues as the board of county commissioners may determine to be necessary from the county road and bridge fund, not to exceed fifty percent thereof. Moneys and revenues allocated to said fund shall be held in said fund inviolate for the primary purpose of the retirement of all outstanding and unpaid county highway anticipation warrants issued in accordance with the provisions of sections 43-2-214 to 43-2-218.

C.R.S. § 43-2-216 Warrants - sale - duration - interest

43-2-216. Warrants - sale - duration - interest. When the board of county commissioners of such county has determined and approved, by resolution of the board, any highway project for the construction, repair, or improvement of highways within its territorial limits, either by the county itself or with the department of transportation of the state of Colorado and with or without federal aid so as to determine the cost thereof or the share of such cost to such county to be approved by such county, it may by resolution authorize the issuance of anticipation warrants in such amount as may be necessary to raise funds sufficient to defray costs of the same, said warrants thereupon to be delivered to the county treasurer and by him offered for public sale at not less than par. The aggregate of such warrants outstanding shall not exceed ten percent of the valuation for assessment of all property of said county as of the date of issuance thereof. No warrants shall run for a period longer than ten years before retirement nor bear a rate of interest in excess of four percent.

C.R.S. § 43-2-217 County treasurer fiscal agent

43-2-217. County treasurer fiscal agent. The county treasurer of such county shall be the fiscal agent of the county in connection with such highway anticipation warrants and shall administer said fund so as to retire such warrants therefrom at such times and in such manner as the board of county commissioners may prescribe in the issuance thereof, subject to the limitations provided in sections 43-2-214 to 43-2-218.

C.R.S. § 43-2-218 Sections supplemental

43-2-218. Sections supplemental. Sections 43-2-214 to 43-2-218 are supplemental and in addition to all other powers and authorities by statute or otherwise granted and enjoyed by the respective counties of the state.

C.R.S. § 43-2-219 County authority to privatize county highways and bridges - charge a toll

43-2-219. County authority to privatize county highways and bridges - charge a toll. Notwithstanding any provision of law to the contrary, the board of county commissioners of a county may enter public-private initiatives, as defined in section 43-1-1201 (3), for county highways and bridges on behalf of the county. In addition, the board of county commissioners of a county may enter into contracts or other agreements on behalf of the county to privatize any county highway or bridge or charge a toll therefor. The board may also charge a toll for any county highway or bridge for the purpose of constructing, operating, or maintaining such bridge or highway.

C.R.S. § 43-2-301 Definitions

43-2-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Block" means that portion of a subdivision surrounded by streets, however designated, or other boundary lines and platted as a block, plot, tract, square, or other designated unit. (2) "Owner" or "owner of record" includes any person, firm, partnership, association, or corporation. (3) "Roadway" includes any platted or designated public street, alley, lane, parkway, avenue, road, or other public way, whether or not it has been used as such.

C.R.S. § 43-2-302 Vesting of title upon vacation

43-2-302. Vesting of title upon vacation. (1) Subject to the requirements set forth in sections 43-1-210 (5) and 43-2-106 governing the disposition of certain property by the department of transportation, whenever any roadway has been designated on the plat of any tract of land or has been conveyed to or acquired by a county or incorporated town or city or by the state or by any of its political subdivisions for use as a roadway, and thereafter is vacated, title to the lands included within such roadway or so much thereof as may be vacated shall vest, subject to the same encumbrances, liens, limitations, restrictions, and estates as the land to which it accrues, as follows: (a) In the event that a roadway which constitutes the exterior boundary of a subdivision or other tract of land is vacated, title to said roadway shall vest in the owners of the land abutting the vacated roadway to the same extent that the land included within the roadway, at the time the roadway was acquired for public use, was a part of the subdivided land or was a part of the adjacent land. (b) In the event that less than the entire width of a roadway is vacated, title to the vacated portion shall vest in the owners of the land abutting such vacated portion. (c) In the event that a roadway bounded by straight lines is vacated, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking to the center of the roadway, except as provided in paragraphs (a) and (b) of this subsection (1). In the event that the boundary lines of abutting lands do not intersect said roadway at a right angle, the land included within such roadway shall vest as provided in paragraph (d) of this subsection (1). (d) In all instances not specifically provided for, title to the vacated roadway shall vest in the owners of the abutting land, each abutting owner taking that portion of the vacated roadway to which his land, or any part thereof, is nearest in proximity. (e) No portion of a roadway upon vacation shall accrue to an abutting roadway. (f) Notwithstanding any other provision of this subsection (1), a board of county commissioners may provide that title to the vacated roadway shall vest, subject to a public-access easement or private-access easement to benefit designated properties, in the owner of the land abutting the vacated roadway, in other owners of land who use the vacated roadway as access to the owners' land, or in a legal entity that represents any owners of land who use the vacated roadway as access to the owners' land. Title shall vest to the owner of the land abutting the vacated roadway as otherwise required by paragraphs (a) to (d) of this subsection (1), unless the board expressly requires the title to vest pursuant to the authority set forth in this paragraph (f) in the resolution to vacate the roadway that is approved by the board.

C.R.S. § 43-2-303 Methods of vacation

43-2-303. Methods of vacation. (1) All right, title, or interest of a county, of an incorporated town or city, or of the state or of any of its political subdivisions in and to any roadway shall be divested upon vacation of such roadway by any of the following methods: (a) The city council or other similar authority of a city or town by ordinance may vacate any roadway or part thereof located within the corporate limits of said city or town, subject to the provisions of the charter of such municipal corporation and the constitution and statutes of the state of Colorado. (b) The board of county commissioners of any county may vacate any roadway or any part thereof located entirely within said county if such roadway is not within the limits of any city or town. (c) If such roadway constitutes the boundary line between two counties, such roadway or any part thereof may be vacated only by the joint action of the boards of county commissioners of both counties. (d) If said roadway constitutes the boundary line of a city or town, it may be vacated only by joint action of the board of county commissioners of the county and the duly constituted authority of the city or town. (2) (a) No platted or deeded roadway or part thereof or unplatted or undefined roadway which exists by right of usage shall be vacated so as to leave any land adjoining said roadway without an established public road or private-access easement connecting said land with another established public road. (b) If any roadway has been established as a county road at any time, such roadway shall not be vacated by any method other than a resolution approved by the board of county commissioners of the county. No later than ten days prior to any county commissioner meeting at which a resolution to vacate a county roadway is to be presented, the county commissioners shall mail a notice by first-class mail to the last-known address of each landowner who owns one acre or more of land adjacent to the roadway. Such notice shall indicate the time and place of the county commissioner meeting and shall indicate that a resolution to vacate the county roadway will be presented at the meeting. (c) If any roadway has been established as a municipal street at any time, such street shall not be vacated by any method other than an ordinance approved by the governing body of the municipality. (d) If any roadway has been established as a state highway, such roadway shall not be vacated or abandoned by any method other than a resolution approved by the transportation commission pursuant to section 43-1-106 (11). (e) Paragraphs (b), (c), and (d) of this subsection (2) shall not apply to any roadway that has been established but has not been used as a roadway after such establishment. (f) If any roadway is vacated or abandoned, the documents vacating or abandoning such roadway shall be recorded pursuant to the requirements of section 43-1-202.7. (3) In the event of vacation under subsection (1) of this section, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances. doning such roadway shall be recorded pursuant to the requirements of section 43-1-202.7. (3) In the event of vacation under subsection (1) of this section, rights-of-way or easements may be reserved for the continued use of existing sewer, gas, water, or similar pipelines and appurtenances, for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances. (4) Any written instrument of vacation or a resubdivision plat purporting to vacate or relocate roadways or portions thereof which remains of record in the counties where the roadways affected are situated for a period of seven years shall be prima facie evidence of an effective vacation of such former roadways. This subsection (4) shall not apply during the pendency of an action commenced prior to the expiration of said seven-year period to set aside, modify, or annul the vacation or when the vacation has been set aside, modified, or annulled by proper order or decree of a competent court and such notice of pendency of action or a certified copy of such decree has been recorded in the recorder's office of the county where the property is located.

C.R.S. § 43-2-304 Limitation of actions

43-2-304. Limitation of actions. Any limitation established by this part 3 shall apply to causes of action which have accrued prior to May 5, 1949, as well as to all causes of action accruing thereafter. The right to institute an action shall not be barred by reason of the limitations prescribed in said part 3 until the expiration of six months from May 5, 1949. This part 3 shall not be construed as reviving any action or limitation barred by any former or other statute.

C.R.S. § 43-2-401 Definitions

43-2-401. Definitions. As used in this part 4, unless the context otherwise requires: (1) "Applicant" means a homeowner or renter residing in an eligible area, or the operator of a temporary housing facility or public housing facility located in an eligible area, who submits an application to the transportation commission in accordance with this part 4. (2) "Department" means the department of transportation. (3) "Eligible area" means a residential area that: (a) Is located adjacent to a state highway; (b) Existed as a residential area before the state highway was constructed or widened; and (c) Is located within the boundaries of a local government that, as of the date of the application, has adopted an ordinance or resolution to mitigate the effects of noise in future residential or other noise-sensitive development adjacent to the state highways within the boundaries of the local government. (4) "Local government" means a city, town, county, or city and county. (5) "Noise mitigation measures" means noise mitigation measures approved by the transportation commission pursuant to section 43-2-404.

C.R.S. § 43-2-402 Noise mitigation measures

43-2-402. Noise mitigation measures. (1) An applicant may submit an application for noise mitigation measures to the department between November 1 and March 31 in accordance with the application procedures established by the transportation commission by rule. (2) An application for noise mitigation measures shall: (a) Be accompanied by a petition in support of the noise mitigation measures signed by members of no less than seventy-five percent of the households in an eligible area who live no more than four-tenths of one mile from the nearest edge of the right-of-way of the state highway; (b) Specify whether a local government has agreed to provide any of the moneys necessary to construct the noise mitigation measures; and (c) Specify which noise mitigation measures the applicant proposes for the eligible area. (3) If local governments in an eligible area have not agreed to provide at least fifty percent of the moneys necessary to construct the proposed noise mitigation measures in the eligible area, an applicant may submit an application for noise mitigation measures under this section only if the eligible area existed as a residential area before the state highway was constructed or widened. (4) (a) The department shall consider applications received between November 1 and March 31 for noise mitigation measures to be constructed in the state fiscal year commencing the following July 1. (b) No later than July 1 of each year, the department shall review applications received between November 1 and March 31 of the previous state fiscal year and place applications that meet the requirements of this section on a list of approved noise mitigation measures. The department shall prioritize the measures on the list using a formula that gives equal weight to the following factors: (I) The hourly equivalent noise level at the first receivers in the eligible area; (II) The number of homes in the area that will benefit significantly from noise mitigation measures; and (III) The length of time that the area has been an eligible area. (5) (a) The department shall construct noise mitigation measures on the list of approved measures for which a local government has agreed to provide no less than fifty percent of the necessary moneys in the order of priority established pursuant to subsection (4) of this section, using moneys provided by local governments and any moneys distributed to the department by the department of public health and environment pursuant to part 14 of article 20 of title 30, C.R.S. (b) After the construction of noise mitigation measures in accordance with paragraph (a) of this subsection (5), the department shall use any moneys provided by local governments or distributed to the department pursuant to part 14 of article 20 of title 30, C.R.S., to construct other noise mitigation measures on the list of approved measures in the order of priority established pursuant to subsection (4) of this section. (c) If a noise mitigation measure on the list of approved measures is not constructed in a state fiscal year, the applicant may submit an application for the noise mitigation measure for the next state fiscal year.

C.R.S. § 43-2-403 Noise mitigation - privately funded - rules

43-2-403. Noise mitigation - privately funded - rules. (1) An applicant may submit an application for noise mitigation measures to be privately funded to the department at any time in accordance with the application procedures established by the transportation commission by rule. (2) An application for privately funded noise mitigation measures shall: (a) Be accompanied by a petition signed by no less than seventy-five percent of the resident homeowners in an eligible area whose homes are located no more than four-tenths of one mile from the nearest edge of the right-of-way of the state highway; (b) Specify the source of the moneys necessary to construct the noise mitigation measures; and (c) Specify which noise mitigation measures the applicant proposes for the eligible area. (3) (a) The department shall consider an application for noise mitigation measures made pursuant to this section within three months after the application is received. (b) The department shall approve an application for noise mitigation measures that meets the requirements of this section. The applicant may construct noise mitigation measures approved by the department. (c) Noise mitigation measures constructed in accordance with this section shall: (I) Comply with applicable rules and procedural directives of the department and the transportation commission; (II) Meet the noise reduction standards established by the department; (III) Be compatible with any existing noise mitigation measures in the eligible area; and (IV) Comply with the zoning and building requirements established by a local government in the eligible area. (4) Noise mitigation measures approved pursuant to this section may be constructed in the state highway right-of-way with the approval of the department or on private land. The department may sell at fair-market value or grant an easement to any land in the state highway right-of-way for the purpose of constructing noise mitigation measures approved in accordance with this section, subject to the provisions of section 43-1-210 (5). (5) The applicant shall be responsible for the maintenance of the noise mitigation measures constructed in accordance with this section.

C.R.S. § 43-2-404 Rule-making authority

43-2-404. Rule-making authority. The transportation commission created by part 1 of article 1 of this title shall promulgate rules in accordance with article 4 of title 24, C.R.S., to implement the provisions of this part 4. The rules shall include noise mitigation standards and a list of approved noise mitigation measures and products that meet the standards.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-43.docxFetched: 10/6/2026