WSR 03-08-061

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed March 31, 2003, 2:08 p.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-04-113.

Title of Rule: Guides for control of access on crossroads and interchange ramps.

Purpose: This WAC rule will detail department procedures for regulating wireless communication access to limited access state highways.

Other Identifying Information: For the interstate system, FHWA is the regulatory authority. The Washington State Department of Transportation (WSDOT) is the regulatory authority for limited access state highways.

Statutory Authority for Adoption: RCW 47.52.027.

Statute Being Implemented: Chapter 47.52 RCW.

Summary: The current rules do not allow wireless communication sites direct access onto full and partial control limited access highways under any circumstances. The adoption of this rule would provide an immediate avenue for the review and assessment of such access applications to facilitate the provision of wireless communication services to the public.

Reasons Supporting Proposal: An emergency rule has allowed wireless communication sites direct access onto partial control limited access highways. The adoption of this rule would make the emergency provision permanent.

Name of Agency Personnel Responsible for Drafting: Darlene Sharar, Olympia, (360) 705-7251; Implementation: Don Nelson, Olympia, (360) 705-7101; and Enforcement: Region contacts, region offices around the state.

Name of Proponent:

Agency Comments or Recommendations, if any, as to Statutory Language, Implementation, Enforcement, and Fiscal Matters: This is included in the wording of WAC 458-58-080.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: Currently the specific WAC section does not capture specific wireless communication site processes requirements.

This WAC adoption will detail department procedures for regulating wireless communication access to limited access state highways.

The proposed rule has been developed by WSDOT with input from the Governor's Telecommunication Committee and the telecommunication industry. The final WAC wording has taken into consideration comments received.

Proposal Changes the Following Existing Rules: The current rules do not allow wireless communication sites direct access onto full and partial control limited access highways under any circumstances. The adoption of this rule would provide an immediate avenue for the review and assessment of such access applications to facilitate the provision of wireless communication services to the public.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The WAC rule does [not] apply to any type of use other than wireless communications.

RCW 34.05.328 does not apply to this rule adoption. This is not specific to Asian Pacific affairs.

Hearing Location: Washington State Department of Transportation, Commission Board Room, 310 Maple Park Avenue, Olympia, WA 98504, on May 6, 2003, at 8:00 a.m.

Submit Written Comments to: Darlene K. Sharar, P.O. Box 47329, Olympia, WA 98504-7329, fax (360) 705-7268.

Date of Intended Adoption: May 6, 2003.

March 31, 2003

John F. Conrad

Assistant Secretary

Engineering and Regional

OTS-6167.2


AMENDATORY SECTION(Amending Order 109, filed 7/8/87)

WAC 468-58-080   Guides for control of access on crossroads and interchange ramps.   (1) Fully controlled highways, including interstate.

(a) There shall be no connections to abutting property or local service or frontage roads within the full length of any "off" or "on" interchange ramp from a fully controlled limited access highway. Such ramp shall be considered to terminate at its intersection with the local road which undercrosses or overcrosses the limited access facility, provided that in urban areas "off" and "on" ramps may be terminated at local streets other than crossroads where necessary to service existing local traffic.

(b) There shall be no direct connections from the limited access facility in rural areas to local service or frontage roads except through interchanges.

(c) In both urban and rural areas access control on a fully controlled highway shall be established along the crossroad at an interchange for a minimum distance of three hundred feet beyond the centerline of the ramp or terminus of transition taper. If a frontage road or local road is located in a generally parallel position within three hundred fifty feet of a ramp, access control should be established along the crossroad and in addition for a minimum distance of one hundred thirty feet in all directions from the center of the intersection of the parallel road and crossroad.

(d) Full control of access should be provided along the crossroad from the centerline of a ramp or terminus of a transition taper for a minimum distance of three hundred feet. Upon determination by the department, full control of access may be provided for the first one hundred thirty feet from the centerline of the ramp or terminus of a transition taper and partial control or modified control of access may be provided for the remainder of the distance to the frontage road or local road for a total minimum distance for the two types of control of three hundred feet. Type A, B, C, D ((and)), E, and F road approaches, as defined hereafter under subsection (3) of this section, "general," may be permitted on that portion of the crossroad on which partial or modified control of access is established.

(2) Partially controlled highways.

(a) There shall be no connections to abutting property or local service or frontage roads within the full length of any "off" or "on" interchange ramp from a partially controlled limited access highway. Such ramp shall be considered to terminate at its intersection with the local road which undercrosses or overcrosses the limited access facility, provided that in urban areas "off" and "on" ramps may be terminated at local streets other than crossroads where necessary to service existing local traffic.

(b) In both urban and rural areas access control on a partially controlled highway shall be established along the crossroad at an interchange for a minimum distance of three hundred feet beyond the centerline of the ramp or terminus of transition taper. If a frontage road or local road is located in a generally parallel position within three hundred fifty feet of a ramp, access control should be established along the crossroad and in addition for a minimum distance of one hundred thirty feet in all directions from the center of the intersection of the parallel road and crossroad.

(c) Access control limits at the crossroads on a partially controlled highway should be established along the crossroad at a grade intersection for a minimum distance of three hundred feet from the centerline of the nearest directional roadway. If a parallel road is located within three hundred fifty feet of said grade intersection, access control should be established along the crossroad and in addition for a minimum distance of one hundred thirty feet in all directions from the center of the intersection of the parallel road and crossroad. Type D ((and)), E, and F approaches may be permitted closer than one hundred thirty feet from the center of the intersection only when they already exist and cannot reasonably be relocated.

(d) Access control limits at intersections on modified control highways should be established along the cross road for a minimum distance of one hundred thirty feet from the centerline of a two-lane highway or for a minimum of one hundred thirty feet from centerline of the nearest directional roadway of a four-lane highway. Type D ((and)), E, and F approaches should be allowed within this area only when no other reasonable alternative is available.

(3) General.

(a) Access control may be increased or decreased beyond or under the minimum requirements to fit local conditions if so determined by the department.

(b) Type A, B, C, D ((and)), E, and F approaches are defined as follows:

(i) Type A approach. Type A approach is an off and on approach in legal manner, not to exceed thirty feet in width, for sole purpose of serving a single family residence. It may be reserved by abutting owner for specified use at a point satisfactory to the state at or between designated highway stations.

(ii) Type B approach. Type B approach is an off and on approach in legal manner, not to exceed fifty feet in width, for use necessary to the normal operation of a farm, but not for retail marketing. It may be reserved by abutting owner for specified use at a point satisfactory to the state at or between designated highway stations.

(iii) Type C approach. Type C approach is an off and on approach in legal manner, for special purpose and width to be agreed upon. It may be specified at a point satisfactory to the state at or between designated highway stations.

(iv) Type D approach is an off and on approach in a legal manner not to exceed fifty feet in width for use necessary to the normal operation of a commercial establishment. It may be specified at a point satisfactory to the state at or between designated highway stations.

(v) Type E approach is a separated off and on approach in a legal manner, with each opening not exceeding thirty feet in width, for use necessary to the normal operations of a commercial establishment. It may be specified at a point satisfactory to the state at or between designated highway stations.

(vi) Type F approach is an off and on approach in a legal manner, not to exceed thirty feet in width, for the sole purpose of serving a wireless communication site. It may be specified at a point satisfactory to the state at or between designated highway stations.

The state shall only authorize such approach by the issuance of a nonassignable permit. The permit allows site access for the normal construction, operation and maintenance of the wireless communication site for the permit holder and its contractors but not its subtenants. If a sale or merger occurs that affects an existing wireless communication site, the new wireless communication provider will be authorized to utilize said approach upon the state's receipt of written notice of the sale or merger action. The wireless communication site access permit may be canceled upon written notice for reasons specified in the wireless communication site access permit general provisions. The permit will only be issued if it meets all state criteria, including, but not limited to, design and safety standards.

Only one wireless communication site access user per permit shall be allowed, but more than one permit may be issued for a single Type F approach.

Each permitted access user shall be required to pay to the state five hundred dollars annually in compensation for use of the state-owned access rights, at the time of the issuance of the permit and each year thereafter.

Since the state is the owner of the access, Type F approach permits shall not be issued pursuant to chapter 47.50 RCW and shall not confer a property right upon the permittee(s). An applicant for a Type F approach permit shall pay a nonrefundable access application fee when application is made in the amount of five hundred dollars for investigating, handling and granting the permit.

An application for wireless communication site access permit shall receive a response from the department of transportation within thirty working days from date of receipt of said application.

(c) Under no circumstances will a change in location or width of an approach be permitted unless approved by the secretary. Noncompliance or violation of these conditions will result in the immediate closure of the approach.

(d) Commercial approaches shall not be permitted within the limits of access control except where modified access control has been approved by the department.

(e) All access control shall be measured from the centerline of the ramps, crossroads or parallel roads or from the terminus of transition tapers. On multiple lane facilities measurement shall be from the centerline of the nearest directional roadway.

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[Statutory Authority: RCW 47.01.101(5). 87-15-021 (Order 109), 468-58-080, filed 7/8/87. Statutory Authority: RCW 47.52.020. 79-08-061 (Order 34), 468-58-080, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-58-080, filed 12/20/78. Formerly WAC 252-20-051.]

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