H-3906.1  _______________________________________________

                          HOUSE BILL 2522

          _______________________________________________

State of Washington      55th Legislature     1998 Regular Session

By Representatives Bush, Smith, Thompson, DeBolt, Pennington, Boldt, McDonald, L. Thomas, Schoesler, Zellinsky, Benson, Sterk, Mielke, Koster, Backlund, Sump, McCune, Talcott, Carrell, Cairnes and Mulliken

Read first time 01/14/98.  Referred to Committee on Transportation Policy & Budget.

Ensuring adequate access to state highways.

    AN ACT Relating to ensuring adequate access to state highways; and amending RCW 47.50.010, 47.50.040, and 47.50.080.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 47.50.010 and 1991 c 202 s 1 are each amended to read as follows:

    (1) The legislature finds that:

    (a) Regulation of access to the state highway system is necessary in order to protect the public health, safety, and welfare, to preserve the functional integrity of the state highway system, and to promote the safe and efficient movement of people and goods within the state;

    (b) The development of an access management program, in accordance with this chapter, which coordinates land use planning decisions by local governments and investments in the state highway system, will serve to control the proliferation of connections and other access approaches to and from the state highway system.  Without such a program, the health, safety, and welfare of the residents of this state are at risk, due to the fact that uncontrolled access to the state highway system is a significant contributing factor to the congestion and functional deterioration of the system; and

    (c) The development of an access management program in accordance with this chapter will enhance the development of an effective transportation system and increase the traffic-carrying capacity of the state highway system and thereby reduce the incidences of traffic accidents, personal injury, and property damage or loss; mitigate environmental degradation; promote sound economic growth and the growth management goals of the state; reduce highway maintenance costs and the necessity for costly traffic operations measures; lengthen the effective life of transportation facilities in the state, thus preserving the public investment in such facilities; and shorten response time for emergency vehicles.

    (2) In furtherance of these findings, all state highways are hereby declared to be controlled access facilities as defined in RCW 47.50.020, except those highways that are defined as limited access facilities in chapter 47.52 RCW.

    (3) It is the policy of the legislature that:

    (a) The access rights of an owner of property abutting the state highway system are ((subordinate)) to be balanced with the public's right and interest in a safe and efficient highway system; and

    (b) Every owner of property which abuts a state highway has a right to reasonable access to that highway, unless such access has been acquired pursuant to chapter 47.52 RCW, but may not have the right of a particular means of access unless (i) it is a permitted access under RCW 47.50.040 or 47.50.080(2), or (ii) it was an unpermitted connection to the state highway in existence on July 1, 1990.  ((The)) An unpermitted right of access to the state highway may be restricted if, pursuant to local regulation, reasonable access can be provided to another public road which abuts the property.

    (4) The legislature declares that it is the purpose of this chapter to provide a coordinated planning process for the permitting of access points on the state highway system to effectuate the findings and policies under this section.

    (5) Nothing in this chapter shall affect the right to full compensation under section 16, Article I of the state Constitution.

    Sec. 2.  RCW 47.50.040 and 1991 c 202 s 4 are each amended to read as follows:

    (1) No connection to a state highway shall be constructed or altered without obtaining an access permit in accordance with this chapter in advance of such action.  A permitting authority has the authority to deny access to the state highway system at the location specified in the permit until the permittee constructs or alters the connection in accordance with the permit requirements.

    (2) The cost of construction or alteration of a connection shall be borne by the permittee, except for alterations ((which are not required by law or administrative rule, but)) after the issuance of the access permit that are made at the request of and for the convenience of the permitting authority((.  The permittee, however, shall bear the cost of alteration of any connection which is)), or that are required by the permitting authority due to increased or altered traffic flows ((generated by changes)) along the state highway to which the connection provides access in the general area of the permittee's facilities ((or nature of business conducted at the location specified in the permit)).

    (3) Except as otherwise provided in this chapter, an unpermitted connection is subject to closure by the appropriate permitting authority which shall have the right to install barriers across or remove the connection.  When the permitting authority determines that a connection is unpermitted and subject to closure, it shall provide reasonable notice of its impending action to the owner of property served by the connection.  The permitting authority's procedures for providing notice and preventing the operation of unpermitted connections shall be adopted by rule.

    Sec. 3.  RCW 47.50.080 and 1991 c 202 s 8 are each amended to read as follows:

    (1) Unpermitted connections to the state highway system in existence on July 1, 1990, shall not require the issuance of a permit and may continue to provide access to the state highway system, unless the permitting authority determines that such a connection does not meet minimum acceptable standards of highway safety based on objective accident and traffic data, a copy of which must be provided to the property owner, upon written request.  ((However, a permitting authority may require that a permit be obtained for such a connection if a significant change occurs in the use, design, or traffic flow of the connection or of the state highway to which it provides access.))  If a permit is not obtained, the connection may be closed pursuant to RCW 47.50.040.

    (2) Access permits granted prior to adoption of the permitting authorities' standards shall remain valid ((until modified or revoked)).  Access connections to state highways identified on plats and subdivisions approved prior to July 1, 1991, shall be deemed to be permitted pursuant to chapter 202, Laws of 1991.  ((The permitting authority may, after written notification, under rules adopted in accordance with RCW 47.50.030, modify or revoke an access permit granted prior to adoption of the standards by requiring relocation, alteration, or closure of the connection if a significant change occurs in the use, design, or traffic flow of the connection.))

    (3) The permitting authority may issue a nonconforming access permit after finding that to deny an access permit would leave the property without a reasonable means of access to the public roads of this state.  Every nonconforming access permit shall specify limits on the maximum vehicular use of the connection and shall be conditioned on the availability of future alternative means of access for which access permits can be obtained.

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