First Regular Session
Sixty-second General Assembly
LLS NO. 99-0634.01 Jerry Barry SENATE BILL 99-121
STATE OF COLORADO
BY SENATOR Nichol
TRANSPORTATION
APPROPRIATIONS
A BILL FOR AN ACT
101 CONCERNING A REQUIREMENT THAT THE DEPARTMENT OF
102 TRANSPORTATION PROVIDE NOTICE TO PERSONS RESIDING NEAR
103 PROPOSED TRANSPORTATION CONSTRUCTION PROJECTS.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the department of transportation to provide notice by
mail or personal delivery to all persons residing within 500 feet of a
proposed transportation construction project. Specifies information that
must be contained in the notice. Requires the department to publish such
notice in a newspaper of general circulation in the county in which the
proposed project would be constructed.
Requires that the notices be provided at a time that will allow
residents to make comments and be involved in the planning process for
the project, if the planning process is not complete, but in no case less
than 3 months prior to the commencement of the construction of the
project. If actual construction of the project has not commenced within
2 years after the publication of the original notice, requires service and
publication of an additional notice.
Excludes normal maintenance and repair projects from such
requirements.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Part 11 of article 1 of title 43, Colorado Revised
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
1 Statutes, is amended BY THE ADDITION OF A NEW SECTION to
2 read:
3 43-1-1106. Neighborhood notification regarding construction
4 projects - publication of notice. (1) (a) IN ADDITION TO ANY OTHER
5 REQUIREMENT IMPOSED BY STATE OR FEDERAL LAW, THE DEPARTMENT
6 SHALL DELIVER BY FIRST-CLASS MAIL OR PERSONAL DELIVERY WRITTEN
7 NOTICE TO EACH PERSON RESIDING WITHIN FIVE HUNDRED FEET OF A
8 PROPOSED TRANSPORTATION CONSTRUCTION PROJECT OF THE
9 DEPARTMENT, INCLUDING ANY HIGHWAY CONSTRUCTION PROJECT. THE
10 DEPARTMENT SHALL ALSO PUBLISH SUCH NOTICE IN A NEWSPAPER OF
11 GENERAL CIRCULATION IN THE COUNTY OR COUNTIES IN WHICH SUCH
12 PROPOSED TRANSPORTATION CONSTRUCTION PROJECT WOULD BE BUILT.
13 (b) ANY NOTICE REQUIRED BY THIS SECTION SHALL BE DELIVERED
14 AND PUBLISHED AT A TIME THAT WILL ALLOW NOTIFIED RESIDENTS TO
15 MAKE COMMENTS REGARDING THE PROJECT AND TAKE PART IN THE
16 PLANNING PROCESS FOR THE PROJECT, IF THE PLANNING PROCESS IS NOT
17 COMPLETE, BUT IN NO CASE MAY SUCH NOTICE BE DELIVERED AND
18 PUBLISHED LESS THAN THREE MONTHS PRIOR TO THE COMMENCEMENT OF
19 ACTUAL CONSTRUCTION OF THE TRANSPORTATION CONSTRUCTION
20 PROJECT. IF ACTUAL CONSTRUCTION OF THE TRANSPORTATION
21 CONSTRUCTION PROJECT HAS NOT COMMENCED WITHIN TWO YEARS AFTER
22 THE PUBLICATION OF THE ORIGINAL NOTICE, AN ADDITIONAL NOTICE SHALL
23 BE SERVED AND PUBLISHED NOT LESS THAN THREE MONTHS PRIOR TO THE
24 COMMENCEMENT OF ACTUAL CONSTRUCTION OF THE TRANSPORTATION
25 CONSTRUCTION PROJECT.
26 (c) A NOTICE REQUIRED BY THIS SECTION REGARDING A
Page 3
1 TRANSPORTATION CONSTRUCTION PROJECT SHALL INCLUDE, BUT IS NOT
2 LIMITED TO, THE FOLLOWING INFORMATION:
3 (I) A DESCRIPTION OF THE PROJECT;
4 (II) A DESCRIPTION OF THE LOCATION OF THE PROJECT, INCLUDING
5 A MAP THAT SHOWS THE PROJECT LOCATION;
6 (III) A PROPOSED TIMETABLE FOR COMPLETION OF THE PROJECT;
7 (IV) A BRIEF DESCRIPTION OF ROAD CLOSURES AND OTHER
8 EXPECTED TEMPORARY AND PERMANENT IMPACTS OF THE PROJECT;
9 (V) THE DATE, TIME, AND LOCATION OF ANY PUBLIC HEARINGS
10 THAT ARE SCHEDULED REGARDING THE TRANSPORTATION PROJECT; AND
11 (VI) INFORMATION REGARDING CONTACT PERSONS AT THE
12 DEPARTMENT WHO CAN PROVIDE FURTHER INFORMATION ABOUT THE
13 PROJECT.
14 (2) THIS SECTION APPLIES TO ALL TRANSPORTATION
15 CONSTRUCTION PROJECTS OF THE DEPARTMENT, INCLUDING PROJECTS
16 CONSTRUCTED BY THE DEPARTMENT, PROJECTS CONSTRUCTED FOR THE
17 DEPARTMENT BY PRIVATE CONTRACTORS, AND PROJECTS THAT ARE
18 COOPERATIVELY CONSTRUCTED WITH OTHER GOVERNMENTAL ENTITIES.
19 THIS SECTION DOES NOT APPLY TO NORMAL MAINTENANCE AND REPAIR
20 ACTIVITIES BY THE DEPARTMENT.
21 SECTION 2. Applicability. This act shall apply to
22 transportation construction projects on which actual construction
23 commences on or after January 1, 2000.
24 SECTION 3. Safety clause. The general assembly hereby finds,
25 determines, and declares that this act is necessary for the immediate
26 preservation of the public peace, health, and safety.