Connecticut Administrative Code › Title 13b - Transportation › 17 - Encroachment Permit Regulations › Section 13b-17-15 - Driveways

Current through July 10, 2024
Approval of an application for a permit for a driveway shall be subject to Sec. 13a-143a Driveway Permits, which reads "no person shall construct a new driveway or relocate an existing driveway leading onto a state highway without first obtaining a permit from the commissioner of transportation. In determining the avisability of issuing such permit, the commissioner shall include, in his consideration, the location of the driveway with respect to its effect on highway drainage, highway safety, the width and character of the highways affected, the density of traffic thereon and the character of such traffic. The person to whom the permit is issued shall comply with the provisions and restrictions contained therein at his own expenses."
Such approval shall also be subject to the following conditions:
(1) The applicant is the owner of the property, or owner jointly with the contractor, and any driveway approach constructed is for the bona fide purpose of securing access to the applicant's property and not for the purpose of parking or servicing vehicles on the highway right of way. The applicant may be directed to reconstruct driveways or perform other construction activities affecting property not owned by the applicant if so required by the provisions of a state traffic commission certificate or directed by the District Maintenance Manager.
(2) Any driveway, approach or improvement constructed under permit within the right of way shall be subject to inspection at any time by the State. The right is reserved by the District Maintenance Manager to require such changes, additions and relocations thereto as, in the manager's opinion, may be necessary for the relocation, reconstruction, widening or maintenance of the highway or to provide protection to life and property on or adjacent to the highway.
(3) No driveway, approach or other improvement constructed on the right of way, under permit, shall be relocated or its dimensions altered without written permission of the District Maintenance Manager.
(4) The applicant agrees to comply with all insurance requirements set forth in Sec. 13b-17-9 of these regulations.
(5) The proposed location, design and construction of any driveways under permit shall be evaluated by the State in accordance with the following criteria:
(a) For permit purposes, the priority of use by the abutting landowner of that portion of the roadside fronting on his/her land shall be confined between lines drawn from the frontage corners of the property to the centerline of the roadway either at right angles to the centerline on tangents or on a radial line on curves.
(b) No more than one combination entrance and exit shall be allowed for any property with frontage of less than 50 feet. Parcels having a frontage from 50 to 100 feet may be permitted two entrances if a minimum of one-third of the total frontage is used to separate the driveways. Lots with frontage in excess of 100 feet shall conform to such driveway and channelization layout as the District Maintenance Manager shall prescribe.
(c) The width of any entrance or exit shall not exceed 30 feet, measured parallel to the direction of the State highway at the property line, except as may otherwise be designated by the District Maintenance Manager because of municipal ordinances or other valid reason. The area within State property between the entrance and exit shall not be improved to facilitate vehicular traffic or parking. This area shall be considered restricted and may be developed only as hereinafter provided in paragraph (1).
(d) The grade of entrance and exists shall conform to current highway design standards for typical treatment of drives.
(e) In rural or suburban regions, no entrance or exit shall be so constructed that any part of such entrance or exit is less than ten feet from the extended common boundary separating adjacent private properties, except for returns, the radius of which shall not exceed 50 feet. In urban areas, or where there is a curb and gutter, the distance from the boundary may be five feet. See paragraph 5 (a) above for limitations on radius termini.
(f) The construction of parking areas on the highway right of way is prohibited, except as provided for under the regulations governing parking areas under lease within the highway right of way. Places of business requiring parking space for their customers shall provide such facilities on their own premises.
(g) Drainage discharged from a State highway or flowing within the right of way shall not be altered or impeded and the permittee must provide suitable drainage structures as directed by the District Maintenance Manager.
(h) When a curb and gutter are removed, the entrance and exit shall be constructed so that the curbing along the highway shall be returned into the entrance and exit on a radius of not less than two feet or more than 50 feet unless otherwise directed by the District Maintenance Manager.
(i) All entrances and exits shall be so located that vehicle operators approaching or using them shall have adequate sight distances in both directions along the State highway in accordance with current department of transportation geometric design standards. All slopes shall be stabilized by the permit applicant by loaming and seeding or other method directed by the Permit Inspector.
(j) All entrances and exits constructed under permit shall be paved on the entire section within the State highway right of way with bituminous concrete, portland cement concrete, or as directed by the District Maintenance Manager. The remainder of the area graded to drain to the State highway shall be stabilized to prevent erosion and washing of material onto the State highway. All costs of such paving shall be borne by the permittee. This pavement shall be joined in a straight line at its intersection with the State highway shoulder and shaped as the Inspector shall require, to accommodate highway drainage.
(k) No entrance or exit shall be constructed at the intersection of two Ste highways, town road, or city street within the area lines drawn perpendicular to the centerline of the highway from points on the right of way lines, for a distance of 25 feet from the intersection of said right of way lines at non-signalized intersections. Driveways at signalized intersections shall be constructed as directed by the District Maintenance Manager.
(l) The area between entrances and exits and those portions of rights of way which have been defined hereinabove in (c) as restricted area may be filled in only when surface drainage is provided, so that all surface water on the improved area is carried away from the highway road bed and shoulder in a suitable manner, and when the drainage facility installed under any filled area is adequate to carry the water along the State highway. No headwall or other structure so designed as to be a hazard to an errant vehicle shall be constructed in the highway right of way within the clear zone as specified in the guidelines for highway design. The District Maintenance Manager will determine whether or not berms or curbs are to be constructed around this separating island area and also along the edges of any end island areas. Driveway side slopes within the highway clear zone should not exceed 6:1 maximum.
(m) At locations of new, single homes being constructed adjacent to and lower than the State highway pavement, the property owner may be required to grade the frontage within highway limits so as to confine highway surface water to the gutter or construct a bituminous concrete lip curb. These berms or curbs, either grassed earth or bituminous concrete, are maintained by the State upon satisfactory completion by the permittee. Particular care must be exercised to see that the permittee constructs driveway entrances so as to confine surface drainage to the highway gutter.
(n) At new housing developments, shopping centers, industrial parks, and similar development, the owner shall be required to construct a bituminous concrete lip curb adjacent to the gutter along the entire frontage of the property being developed unless otherwise directed by the district maintenance manager.
(o) In instances where the property abutting a State highway is already developed and it becomes necessary to construct a bituminous concrete berm to confine the highway surface drainage, a total cost of constructing the berm is the obligation of the Department.
(p) Where any school, church, playground, housing development, park, reservoir, commercial or industrial properties are developed abutting the non-access or limited-access lines of State highways, the developer shall obtain a permit and install a six (6) foot chain link fence along such line between the sideline boundaries unless otherwise directed by the District Maintenance Manager. Any existing stock fence removed shall become the property of the State, unless fencing is property of abutting property owner. The cost for establishing the boundary line and the fence installation shall be borne by the permittee.