Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-51 - Highway access management access permits-Administrative process › Section 468-51-080 - Application submittal, review, conditions

Current through Register Vol. 24-14, July 15, 2024
(1) Application submittal. The application
			 shall be submitted to the designated local department office serving the area.
			 The application shall be properly prepared, clearly completed, and signed.
			 Information on the specific number of copies to be provided and other submittal
			 information is available from the designated local department office.
(2) Application review, processing, and
			 approval. Upon receipt of the application, the application shall be reviewed
			 consistent with the provisions of this chapter. If the department identifies
			 errors in the application or if additional information is required, the
			 department will notify the applicant. Applicants must provide such information
			 or correct errors within thirty days of the notification. If the applicant
			 determines that the time to provide additional or corrected information is
			 insufficient, the applicant shall contact the department in writing to request
			 additional time be approved. If the additional or corrected information has not
			 been received by the department within thirty days or the approved time period
			 agreed to, the application will be withdrawn.
(a) Review. Upon timely receipt of all
			 required information, or upon expiration of the time period for receipt of
			 additional or corrected information, the location and design of the connection
			 shall be examined for consistency with current department location, quantity,
			 spacing, classifications, and department design standards. The review shall
			 also include an analysis of the impact of the site's existing and projected
			 traffic on the operation and safety of the state highway.
(b) Concurrence or denial, notice. If the
			 department concurs in the location and design of the proposed connection,
			 written notification of that concurrence will be sent to the applicant and to
			 the local governmental land use planning authority having jurisdiction over the
			 development. If the applicant has gone through the voluntary conceptual review
			 process, the written notice of concurrence will indicate whether or not there
			 have been any changes in the number, location, or design of the connection
			 required by the department. No construction may commence on the department's
			 right of way until all necessary department and local governmental permits are
			 issued in accordance with (c) of this subsection. If the department does not
			 concur in the connection location, quantity, or design, both the applicant and
			 the local governmental land use planning authority having jurisdiction over the
			 development approval shall be notified, in writing, indicating the department's
			 intent to deny the connection as proposed in the application. The written
			 notification shall state the specific reasons for the intent to deny the
			 connection, the process for submitting an amended application, and the appeal
			 rights of the applicant. The applicant may submit a revised application within
			 thirty days based on department comments and concerns as stated in the
			 notification. The submittal of a revised application within thirty days shall
			 not require the payment of any additional application fees. Submittal of a
			 revised permit is not a prerequisite for a request for an adjudicative
			 proceeding in compliance with WAC
			 468-51-150.
(c) Permit issuance. The department shall
			 issue the connection permit after review and concurrence that the application
			 and the location and design of the connection comply with the requirements of
			 this chapter, and after either:
(i) The
			 applicant has received development approval from the appropriate local
			 governmental land use planning authority; or
(ii) Other interagency coordination
			 procedures in effect are satisfied for development approval by the local
			 governmental land use planning authority.
The department shall provide the applicant with the connection
				permit for signature, and the applicant shall sign and return the permit to the
				department within thirty days after the mailing date. If the department does
				not receive the signed permit back from the applicant within thirty days after
				the mailing date or within an agreed upon time, the permit will be void and the
				application fee will be forfeited. The permit is not valid and construction on
				the access cannot begin without a completed permit that is signed by both the
				department and the applicant.
Additionally, the applicant must be in compliance with the
				surety bond requirements specified in the permit prior to construction, in
				compliance with WAC
				468-51-070.
(d) Request for adjudicative
			 proceedings. In the event of a denial of a connection permit as proposed in the
			 application, the applicant may apply for an adjudicative proceeding in
			 compliance with WAC
			 468-51-150.