Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-51 - Highway access management access permits-Administrative process › Section 468-51-030 - General provisions

Current through Register Vol. 24-14, July 15, 2024
(1) When connection
			 permits required. Every owner of property which abuts a state highway, or has a
			 legal easement to the state highway, where limited access rights have not been
			 acquired has a right to reasonable access, but may not have the right to a
			 particular means of access, to the state highway system. The right of access to
			 the state highway may be restricted if, in compliance with local regulation,
			 reasonable access to the state highway can be provided by way of another public
			 road which abuts the property. These public roads shall be of sufficient width
			 and strength to reasonably handle the traffic type and volumes that would be
			 accessing that road. All new connections including alterations and improvements
			 to existing connections to state highways shall require a connection permit.
			 Such permits, if allowed, shall be issued only after written development
			 approval where such approval is required, unless other interagency coordination
			 procedures are in effect. However, the department can provide a letter of
			 intent to issue a connection permit if that is a requirement of the agency that
			 is responsible for development approval. The alteration or closure of any
			 existing access connection caused by changes to the character, intensity of
			 development, or use of the property served by the connection or the
			 construction of any new access connection shall not begin before a connection
			 permit is obtained from the department. Use of a new connection at the location
			 specified in the permit is not authorized until the permit holder constructs or
			 modifies the connection in accordance with the permit requirements. If a
			 property owner or permit holder who has a valid connection permit wishes to
			 change the character, use, or intensity of the property or development served
			 by the connection, the department must be contacted to determine whether a new
			 connection permit would be required.
(2) Responsibility for other approvals.
			 Connection permits authorize construction improvements to be built by the
			 permit holder on department right of way. It is the responsibility of the
			 applicant or permit holder to obtain any other local permits or other agency
			 approvals that may be required, including satisfaction of all environmental
			 regulations. It is also the responsibility of the applicant to acquire any
			 property rights necessary to provide continuity from the applicant's property
			 to the state highway right of way if the applicant's property does not abut the
			 right of way, except where the connection replaces an existing access as a
			 result of department relocation activity.
(3) Early consultation. In order to expedite
			 the overall permit review process, the applicant is strongly encouraged to
			 consult with the department prior to and during the local government
			 subdivision, rezoning, site plan, or any other applicable predevelopment review
			 process for which a connection permit will be required. The purpose of the
			 consultation shall be to determine the permit category and to obtain a
			 conceptual review of the development site plan and proposed access connections
			 to the state highway system with respect to department connection location,
			 quantity, spacing, and design standards. Such consultation will assist the
			 developer in minimizing problems and delays during the permit application
			 process and could eliminate the need for costly changes to site plans when
			 unpermittable connection proposals are identified early in the planning phase.
			 The conceptual review process is further detailed in WAC
			 468-51-050.
(4) Cost of construction.
(a) Permit holder. The cost of construction
			 or modification of a connection shall be the responsibility of the permit
			 holder, including the cost of modification of any connection required as a
			 result of changes in property site use in accordance with WAC
			 468-51-110. However, the permit
			 holder is not responsible for alterations made at the request of the department
			 that are not required by law or administrative rule.
(b) Department. Existing permitted
			 connections impacted by the department's work program and which, in the
			 consideration of the department, necessitate modification, relocation, or
			 replacement in order to meet current department connection location, quantity,
			 spacing, and design standards, shall be modified, relocated, or replaced in
			 kind by the department at no cost to the permit holder. The cost of further
			 enhancements or modification to the altered, relocated, or replaced connections
			 requested by the permit holder shall be the responsibility of the permit
			 holder.