WSR 03-16-059

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF TRANSPORTATION


[ Filed August 1, 2003, 12:08 p.m. ]

Subject of Possible Rule Making: The current rules do not allow wireless communication sites direct access onto full 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.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 47.52.027.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Amendment of this WAC will allow the department to permit wireless communication access to limited access state highways.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: For the interstate system, FHWA is the regulatory authority. WSDOT is the regulatory authority for limited access state highways.

Process for Developing New Rule: Negotiated rule making.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Darlene Sharar, P.O. Box 47329, Olympia, WA 98504-7329, (360) 705-7251.

August 1, 2003

John Conrad

Assistant Secretary

Engineering and

Regional Operations

OTS-6547.1


AMENDATORY SECTION(Amending Order 34, filed 7/23/79)

WAC 468-58-010   Definitions.   The following definitions shall designate limited access highways and shall indicate the control of access to be exercised by each:

(1) "Fully controlled limited access highway" is a highway where the right of owner or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is controlled to give preference to through traffic by providing access connections with selected public roads only, and by prohibiting crossings or direct private driveway connections at grade, with the exception of Type C and F approaches, where no other reasonable means of access exists as solely determined by the department.

(2) "Partially controlled limited access highway" is a highway where the right of owner or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is controlled to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings and some private driveway connections at grade. Commercial approaches to partially controlled limited access highways are allowed only to frontage roads or by means of public road intersections. A partially controlled limited access highway may be designed to provide for separation of a part or all road crossings and the elimination of a part or all direct private driveway connections under a stage plan of future construction.

(3) "Modified controlled limited access highway" is a highway where the right of owner or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is controlled to give preference to through traffic to such a degree that most approaches, including commercial approaches, existing and in use at the time of the establishment, may be allowed.

(4) "An expressway limited access highway" is a partially controlled limited access highway of four or more traffic lanes with the opposing lanes of travel separated by a median strip of arbitrary width.

(5) "A freeway limited access highway" is a fully controlled limited access highway of four or more traffic lanes with the opposing traffic lanes separated by a median strip of arbitrary width.

[Statutory Authority: RCW 47.52.020. 79-08-061 (Order 34), 468-58-010, filed 7/23/79. Statutory Authority: 1977 ex.s. c 151. 79-01-033 (DOT Order 10 and Comm. Order 1, Resolution No. 13), 468-58-010, filed 12/20/78. Formerly WAC 252-20-010.]

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