Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-51 - Highway access management access permits-Administrative process › Section 468-51-130 - Closure of unpermitted connections

Current through Register Vol. 24-14, July 15, 2024
Closure criteria, permit requirements. Any unpermitted
				connections to the state highway system which were in existence and in active
				use consistent with the type of connection on July 1, 1990, shall not require
				the issuance of a permit and may continue to provide connection to the state
				highway system, unless the property owner had received written notification
				initiating connection closure from the department prior to July 1, 1990, or
				unless the department determines that the unpermitted connection does not meet
				minimum acceptable standards of highway safety and mobility based on accident
				and/or traffic data or accepted traffic engineering criteria, a copy of which
				must be provided to the property owner and/or permit holder and tenant upon
				written request. The department may require that a permit be obtained if a
				significant change occurs in the use, design, or traffic flow of the connection
				or of the state highway. If a permit is not obtained, the department may
				initiate action to close the unpermitted connection point in compliance with
				RCW
				 47.50.040. Any unpermitted connection opened
				subsequent to July 1, 1990, is subject to closure by the department. The
				process to be followed by the department in the closure of an unpermitted
				connection shall be consistent with
				chapter
				34.05 RCW and rules
				adopted thereunder. The notification process is as follows:
(1) Notification. The department shall serve
			 notice, in accordance with rules adopted in compliance with
			 chapter
			 34.05 RCW, upon the
			 property owner of a connection to a state highway which is found by the
			 department to be unpermitted. This notice shall clearly describe the highway
			 connection violation and shall establish a thirty-day time limit for either
			 applying for a connection permit or requesting an adjudicative proceeding in
			 compliance with
			 chapter
			 34.05 RCW. The notice will
			 further advise the property owner that failure to act in either of the
			 prescribed ways within the time period will result in department closure of the
			 unpermitted connection.
(2) Permit
			 application. If a permit application is filed within the thirty days, and the
			 application is denied, the department shall notify the property owner of the
			 denial. The property owner may then proceed with the permit application
			 revision process set forth in WAC
			 468-51-080 or request an
			 adjudicative proceeding in compliance with WAC
			 468-51-150 within thirty days.
			 Failure to act in either of those prescribed ways within the time period set
			 forth in the rules will result in department closure of the unpermitted
			 connection. If the location and design of the connection in the permit
			 application are acceptable to the department, the existing connection may
			 continue to be used for a specified period of time or until the connection
			 specified in the permit application is constructed.
(3) Approval conditions. Modifications,
			 relocation, or closure of unpermitted connections may be required by the
			 department as a requirement of permit approval, subject to the adjudicative
			 proceedings provisions of WAC
			 468-51-150.
Statutory Authority: Chapter 47.50 RCW. 99-06-034 (Order
				  187), § 468-51-130, filed 2/25/99, effective 3/28/99. Statutory Authority:
				  RCW
				   47.01.101 and chapter 47.50 RCW. 92-14-044,
				  § 468-51-130, filed 6/24/92, effective
				  7/25/92.