WSR 03-20-012

PROPOSED RULES

DEPARTMENT OF TRANSPORTATION


[ Filed September 19, 2003, 11:43 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 03-16-059.

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

Purpose: This WAC rule will allow the department to permit 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 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 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 full 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, (306) [(360)] 705-7251; Implementation: Don Nelson, Olympia, (360) 705-7101; and Enforcement: Region contacts, region offices around the state.

Name of Proponent: Washington State Department of Transportation, governmental.

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 allow wireless communication site direct access to full control limited access state highways.

This WAC adoption will allow the department procedures to permit wireless communication access to limited access state highways.

Proposal Changes the Following Existing Rules: 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.

No small business economic impact statement has been prepared under chapter 19.85 RCW. The WAC rule does 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 98501, on November 12, 2003, at 8:30 a.m.

Assistance for Persons with Disabilities: Contact TDD (800) 833-6388.

Submit Written Comments to: Darlene K. Sharar, P.O. Box 47329, Olympia, WA 98504-7329, fax (360) 705-7268, by November 1, 2003.

Date of Intended Adoption: November 12, 2003.

September 15, 2003

John F. 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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