2008 Legislation
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SENATE BILL NO. 1509<br /> – Transportation Bd, access plan


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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

Bill Text

  ]]]]              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
  9        PLAN.

 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-
  4    age.
  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-
 21    ect.
 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
  9    damage.
 10        (112) 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        (123) 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        (134) 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        (145) 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 / Fiscal Impact

                       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.

                          FISCAL IMPACT

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
Phone: 332-1000
Julie Pipal

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1509