[atlas:bill]

AN ACT Relating to permits for access to controlled access transportation facilities; and amending RCW 47.50.020, 47.50.030, 47.50.040, 47.50.050, and 47.50.060.

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

Sec. 1. RCW 47.50.020 and 1991 c 202 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Controlled access facility" means a transportation facility to which access is regulated by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of access to or from such facility at such points only and in such manner as may be determined by the governmental entity.

(2) "Connection" means approaches, driveways, turnouts, or other means of providing for the right of access to or from controlled access facilities on the state highway system.

(3) "Major access permit" means a written authorization given by the department for a specifically designed connection to the state highway system at a specific location for a specific type and intensity of property use and specific volume of traffic for the proposed connection, based on the final stage of proposed development of the applicant's property. The department shall determine the actual form used for this authorization.

(4) "Minor access permit" means a written authorization given by the department for any change in the connection granted in a major access permit. Minor access permits may only be granted for one year after completion of construction of a major access permit connection.

(5) "Permitting authority" means the department for connections in unincorporated areas or a city or town within incorporated areas ((~~which~~)) that are authorized to regulate access to state highways pursuant to chapter 47.24 RCW.

Sec. 2. RCW 47.50.030 and 1991 c 202 s 3 are each amended to read as follows:

(1) Vehicular access and connections to or from the state highway system shall be regulated by the permitting authority in accordance with the provisions of this chapter in order to protect the public health, safety, and welfare.

(2) The department shall ((~~by July 1, 1992,~~)) adopt administrative procedures pursuant to chapter 34.05 RCW which establish state highway access standards and rules for its issuance and modification of major and minor access permits, closing of unpermitted connections, revocation of permits, and waiver provisions in accordance with this chapter. The department shall consult with the Association of Washington Cities and obtain concurrence of the city design standards committee as established by RCW 35.78.030 in the development and adoption of rules for access standards for city streets designated as state highways under chapter 47.24 RCW.

(3) Cities and towns shall, no later than July 1, 1993, adopt standards for access permitting on streets designated as state highways which meet or exceed the department's standards, provided that such standards may not be inconsistent with standards adopted by the department.

Sec. 3. 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)) a major or minor 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 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 required by the permitting authority due to increased or altered traffic flows generated by changes in 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. 4. RCW 47.50.050 and 1991 c 202 s 5 are each amended to read as follows:

The department shall establish by rule a schedule of fees for permit applications made to the department. The fee for a minor access permit application must be less than the fee charged for a major access permit application. The fee ((~~shall be~~)) is nonrefundable and ((~~shall~~)) may be used only to offset the costs of administering the access permit review process and the costs associated with administering ((~~the provisions of~~)) this chapter.

Sec. 5. RCW 47.50.060 and 1991 c 202 s 6 are each amended to read as follows:

The review process for major and minor access permit applications made by the department ((~~shall be~~)) is as follows: Any person seeking an access permit shall file an application with the department. The department by rule shall establish application form and content requirements. The fee required by RCW 47.50.050 must accompany the applications.