Print Friendly SENATE BILL NO. 1509
– Transportation Bd, access plan
SENATE BILL NO. 1509
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S1509......................................................by STATE AFFAIRS
TRANSPORTATION BOARD - Amends existing law to authorize the Idaho
Transportation Board to enter into a transportation access plan with local
units of government; to provide the terms and conditions of a
transportation access plan; to define the term "transportation access
plan"; and to define the term "full build out".
03/18 Senate intro - 1st rdg - to printing
03/19 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE SENATE
SENATE BILL NO. 1509
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE IDAHO TRANSPORTATION BOARD; AMENDING SECTION 40-107, IDAHO
3 CODE, TO DEFINE THE TERM "FULL BUILD OUT" AND TO MAKE TECHNICAL CORREC-
4 TIONS; AMENDING SECTION 40-121, IDAHO CODE, TO DEFINE THE TERM
5 "TRANSPORTATION ACCESS PLAN" AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND-
6 ING SECTION 40-310, IDAHO CODE, TO AUTHORIZE THE IDAHO TRANSPORTATION
7 BOARD TO ENTER INTO A TRANSPORTATION ACCESS PLAN WITH LOCAL UNITS OF GOV-
8 ERNMENT AND TO PROVIDE THE TERMS AND CONDITIONS OF A TRANSPORTATION ACCESS
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 40-107, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 40-107. DEFINITIONS -- F. (1) "Facilities" means tracks, pipes, mains,
14 conduits, cables, wires, towers, poles, equipment and appliances.
15 (2) "Family" means two (2) or more persons living together in the same
16 dwelling unit who are related to each other by blood, marriage, adoption or
17 legal guardianship.
18 (3) "Farm operation" means any activity conducted primarily for the pro-
19 duction of agricultural products or commodities, including timber, for sale
20 and home use, and producing agricultural products or commodities in sufficient
21 quantity to contribute materially to the operator's support.
22 (4) "Feeder highway" means any highway which, in the opinion of the
23 transportation board, is needed to create or facilitate access to a turnpike
24 project upon which a toll is charged for transit.
25 (5) "Federal land rights of way" means rights of way on federal land
26 within the context of Revised Statute 2477, codified as 43 United States Code
27 U.S.C. 932, and other federal access grants and shall be considered to be any
28 road, trail, access or way upon which construction has been carried out to the
29 standard in which public rights of way were built within historic context.
30 These rights of way may include, but not be limited to, horse paths, cattle
31 trails, irrigation canals, waterways, ditches, pipelines or other means of
32 water transmission and their attendant access for maintenance, wagon roads,
33 jeep trails, logging roads, homestead roads, mine to market roads and all
34 other ways.
35 (6) "Full build out" means the maximum allowable development of an area
36 based on local plans, zoning regulations and anticipated development, and
37 includes addressing environmental protection and site suitability.
38 SECTION 2. That Section 40-121, Idaho Code, be, and the same is hereby
39 amended to read as follows:
40 40-121. DEFINITIONS -- T. (1) "Tourist related advertising sign" means
41 any sign which advertises a specific public or private facility, accommodation
1 or service, at a particular location or site, including: overnight lodging, a
2 camp site campsite, food service, recreational facility, tourist attraction,
3 education or historical site or feature, automotive service, facility or gar-
5 (2) "Transportation access plan" or "TAP" means a binding agreement
6 approved by the Idaho transportation board and local units of government that
7 specifies the location, type and standards for existing and future access
8 along a designated segment of a state highway. The purpose of a transportation
9 access plan is to improve and preserve the long-term functional integrity of
10 the state highway including enhanced flow of traffic, public safety, opera-
11 tional capacity and efficiency for all modes of transportation.
12 (3) "Turnpike project" means any express highway or bridge at locations
13 and between terminals as may be established by the board and constructed or to
14 be constructed under the provisions of chapter 4, title 40, Idaho Code, and
15 shall include all bridges, tunnels, overpasses, underpasses, interchanges,
16 entrance plazas, approaches, toll houses, service areas, service stations,
17 service facilities, communication facilities, and administration, storage and
18 other buildings, which the board may deem necessary for the operation of a
19 project, together with all property, rights, easements, and interests which
20 may be acquired by the board for the construction or the operation of a proj-
22 ( 34) "Turnpike revenue bonds" means bonds of the transportation board
23 authorized under the provisions of section 40-412, et seq., Idaho Code.
24 SECTION 3. That Section 40-310, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 40-310. POWERS AND DUTIES -- STATE HIGHWAY SYSTEM. The board shall:
27 (1) Determine which highways in the state, or sections of highways, shall
28 be designated and accepted for the purpose of this title as a part of the
29 state highway system.
30 (a) In determining which highways or section of highways shall be a part
31 of the state highway system, the board shall consider the relative impor-
32 tance of each highway to cities, existing business, industry and enter-
33 prises and to the development of cities, natural resources, industry and
34 agriculture and be guided by statistics on existing and projected traffic
35 volumes. The board shall also consider the safety and convenience of high-
36 way users, the common welfare of the people of the state, and of the cit-
37 ies within the state and the financial capacity of the state of Idaho to
38 acquire rights-of-way and to construct, reconstruct and maintain state
39 highways. In making a determination, the board must, before it can aban-
40 don, relocate, or replace by a new highway, any highway serving or tra-
41 versing any city, or the area in which the city is located, specifically
42 find and determine that the benefits to the state of Idaho are greater
43 than the economic loss and damage to the city affected. No highway serving
44 or traversing any city shall be abandoned, relocated or replaced by a new
45 highway serving the area in which a city is located without the board
46 first holding a public hearing in that city. Written notice setting forth
47 the action proposed to be taken by the board shall be served upon the
48 mayor of any city affected, and upon all property owners from which acqui-
49 sition of right-of-way is necessary and from which that property must be
50 purchased, by certified or registered mail, and shall also be published in
51 at least one (1) issue of a newspaper published and of general circulation
52 in each city affected. If there is no newspaper published in the city,
53 then a notice shall be posted in three (3) of the most public places in
1 the city. The notice shall contain a statement of any action contemplated
2 by the board affecting the city or property owner, and shall specify the
3 time and place of the hearing. At the hearing a property owner from which
4 right-of-way is necessary to be acquired and from which that property must
5 be purchased, and the governing body of any city affected may appear,
6 voice objections to the action proposed to be taken by the board, and may
7 present evidence and call witnesses in support of their objections. The
8 board shall give consideration to the protests and objections and make a
9 written decision determining whether or not the proposed action would be
10 of greater benefit to the state of Idaho than the economic loss and damage
11 resulting to the city. The board shall serve a written decision upon the
12 governing body of any affected city and property owners within ten (10)
13 days following the completion of the hearing, and no action shall be taken
14 by the board prior to the service of the written decision.
15 (b) Within ten (10) days after the written decision has been served, an
16 appeal may be taken from the decision by the person from whom the property
17 must be purchased, the interested city, board of county commissioners, or
18 highway district commissioners to the district court in and for the county
19 in which the city affected by the order is located. The appeal shall be
20 taken and perfected in the following manner:
21 1. The appellant shall file with the clerk of the district court of
22 the proper county, and serve upon the board, notice specifying the
23 grounds of appeal, and a certified copy of the decision of the board
24 appealed from. The district court shall then have jurisdiction of the
25 matter and may make any order or judgment that the equities of the
26 case require. Upon the appeal being perfected, the appeal shall
27 receive a preferential place on the calendar of the district court.
28 2. The appeal shall be heard and determined by the district court in
29 a summary manner as in a suit in equity, and the trial shall be a
30 trial de novo on the issues framed. The court may affirm, reverse, or
31 modify the order appealed from and may issue injunctions whenever it
32 appears necessary for the protection of the interests of any party to
33 the appeal.
34 3. No bond or undertaking shall be required of any party appealing
35 under any of the provisions of this section.
36 4. The filing fees required in the district court shall be the same
37 as is provided for filing cases originally in the court.
38 (c) Any final order or judgment of the district court under this subsec-
39 tion shall be appealable to the supreme court of the state of Idaho within
40 thirty (30) days following the entry of the final order or judgment in the
41 same manner as appeals in civil actions are taken to the supreme court.
42 (d) The board shall take no action on any matter affecting any property
43 owner from which right-of-way is necessary to be acquired or any city
44 until either:
45 1. The time has elapsed for an appeal to the district court and no
46 appeal has been filed; or
47 2. If an appeal has been taken to the district court, then until the
48 time for appeal from its final order or judgment to the supreme court
49 has elapsed and no appeal has been taken; or
50 3. If an appeal has been taken to the supreme court, then until the
51 matter has been finally determined by that court.
52 (2) The board shall cause to be prepared and publicly displayed in a con-
53 spicuous place in their offices a complete map of the state highway system in
54 which each section shall be identified by location, length and a control num-
55 ber. The map shall be of a suitable size and scale and contain data and infor-
1 mation as deemed appropriate by the board. Periodically, and not less than
2 once each year, the board shall revise and correct the map to record the
3 changes in the designated state highway system resulting from additions,
4 abandonments and relocations. Hand maps of the state highway system shall be
5 issued periodically for public distribution.
6 (3) Abandon the maintenance of any highway and remove it from the state
7 highway system, when that action is determined by the unanimous consent of the
8 board to be in the public interest.
9 (4) Locate, design, construct, reconstruct, alter, extend, repair and
10 maintain state highways, and plan, design and develop statewide transportation
11 systems when determined by the board to be in the public interest.
12 (5) Establish standards for the location, design, construction, recon-
13 struction, alteration, extension, repair and maintenance of state highways,
14 provided that standards of state highways through local highway jurisdictions
15 shall be coordinated with the standards in use for the systems of the respec-
16 tive local highway jurisdictions. The board shall make agreements with local
17 highway jurisdictions having within their limits state highway sections in the
18 category described in section 40-502, Idaho Code, and provide for an equitable
19 division of the maintenance of those sections. The board may also, in the
20 interest of economy and efficiency, arrange to have any or all of the state
21 highway sections within local highway jurisdictions maintained by those local
22 highway jurisdictions, the cost of the work as limited by section 40-502,
23 Idaho Code, to be reimbursed by the state.
24 (6) Cause to be made and kept, surveys, studies, maps, plans, specifica-
25 tions and estimates for the alteration, extension, repair and maintenance of
26 state highways, and so far as practicable, of all highways in the state, and
27 for that purpose to demand and to receive reports and copies of records from
28 county commissioners, commissioners of highway districts, county engineers and
29 directors of highways and all other highway officials within the state.
30 (7) Approve and determine the final plans, specifications and estimates
31 for state highways and cause contracts for state highway work to be let by
32 contract in the manner provided by law.
33 (8) Expend funds appropriated for construction, maintenance and improve-
34 ment of state highways.
35 (9) Designate state highways, or parts of them, as controlled-access
36 facilities and regulate, restrict or prohibit access to those highways to
37 serve the traffic for which the facility is intended.
38 (10) When appropriate, enter into binding agreements with local units of
39 government to specify the existing and future location, type, design and stan-
40 dards of any access to and from a designated segment of a state highway
41 through the development of a transportation access plan (TAP). When a trans-
42 portation access plan is in effect, any action taken by the state or local
43 units of government with regard to state highway access, shall be in reason-
44 able conformance with the TAP. The following terms and conditions shall be
45 observed by all parties in the development of such a binding agreement:
46 (a) A TAP shall be developed in cooperation with local governments, high-
47 way districts, metropolitan planning organizations and the Idaho transpor-
48 tation department. Once adopted, a TAP may be modified at a future date if
49 all parties are in agreement.
50 (b) Public notice of the initiation of a TAP shall be provided in accor-
51 dance with section 67-6509, Idaho Code.
52 (c) In the development of a TAP, all stakeholders and impacted landowners
53 shall be considered, and subjects to be addressed shall include, but not
54 be limited to, public safety, traffic volumes, roadway capacity, emergency
55 services, commerce, environmental concerns, connections with local trans-
1 portation systems, regional and statewide transportation needs, existing
2 and forecasted land use and the adopted plans of local agencies.
3 (d) The period of time encompassed by a transportation access plan shall
4 be for not less than twenty (20) years and a full build out of the desig-
5 nated state highway segment shall be considered.
6 (11) Close or restrict the use of any state highway whenever the closing
7 or restricting of use is deemed by the board to be necessary for the protec-
8 tion of the public or for the protection of the highway or any section from
10 (1 12) Designate main traveled state highways as through highways. The
11 traffic on through highways shall have the right-of-way over the traffic on
12 any other highway intersecting with it, provided, that at the intersection of
13 two (2) through highways the board shall determine which traffic shall have
14 the right-of-way.
15 (1 23) Furnish, erect and maintain standard signs on side highways direct-
16 ing drivers of vehicles approaching a designated through highway to come to a
17 full stop before entering or crossing the through highway.
18 (1 34) Provide a right-of-way for and supervise the construction of side
19 paths or sidewalks along regularly designated state highways outside the
20 boundaries of incorporated cities and the expenditures for the construction of
21 them may be made from the highway funds of the county or highway districts.
22 (1 45) Upon certification and requisition of an appropriate board, commis-
23 sion, governing body, or official head of any state institution and on the
24 approval of the governor, showing the same to be necessary, construct, alter,
25 repair, and maintain the roadways in, through, and about the grounds of state
26 institutions. The construction, alteration, repair and maintenance shall be
27 accomplished and paid for from the state highway account in accordance with
28 the provisions of chapter 7, title 40, Idaho Code. This provision shall not be
29 construed to divest any board, commission, governing body, or official head of
30 an institution their constitutional or statutory powers.
STATEMENT OF PURPOSE
This legislation would amend Section 40-310, Idaho Code, provide
a tool for local land use planning authorities and the Idaho
Transportation Department to enter into agreements to control and
manage access on state highways. By amending Idaho Code to allow
for specific agreements, or Transportation Access Plans, that
reflect the needs of communities and protect the safety and
mobility of the traveling public, this legislation offers a
voluntary mechanism to address the access control issues that are
causing problems for local governments and transportation entities
in high-growth areas. Transportation Access Plans could be
developed for any portion of the state highway system in
conjunction with local land use planning authorities.
There is no fiscal impact either to the Department or to the
General Fund. This legislation may reduce litigation in the future
and therefore reduce costs spent on litigation.
Name: Senator Tim Corder
STATEMENT OF PURPOSE/FISCAL NOTE S 1509