2 Colo. Code Regs. § 601-16-2.00

Current through Register Vol. 47, No. 20, October 25, 2024

Section 2 CCR 601-16-2.00 - Submitting, Approving, and Reapproving a Permit Application

2.01Who May Apply for a Permit.

2.01.1 The Department may issue a Permit to an Applicant if the Permittee has an ownership interest in real property, at least a portion of which adjoins a portion of the ROW for which the Applicant is seeking a Permit.

2.01.2 The Permittee may apply for a Parcel that may include up to five (5) ten (10) mile segments, one of which must be adjacent to a portion of the Permittee's property.

2.01.3 The Permittee must provide written notice thirty (30) days prior to the commencement of Harvesting under the Permit to those landowners who own property adjacent to Rights-of-Way within the Parcel subject to the Permit. CDOT may request to review proof of adequate notice.

2.01.4 The Permittee must have obtained rights to an existing legal access to Harvest the Parcel. No new access shall be granted by CDOT specifically for Harvesting operations.

2.02Parcel(s) for which Permits May be Issued.

2.02.1 The control of the State Highway Right-of-Way must be Of Public Record as established by CDOT prior to issuing the Permit.

2.02.2 The area of the State Highway Right-of-Way which may be Harvested by Permit is limited to the area from the Right-of-Way line/fence no less than fifteen (15) feet from the edge of the paved roadway shoulder. All Harvesting operations must be conducted at least fifteen (15) feet from the paved roadway shoulder.

2.03Parcel(s) for which Permits May Not Be Issued.

2.03.1 Newly seeded areas (within the past two growing seasons), or newly constructed sections of State Highway.

2.03.2 Rights-of-Way where adequate vegetation is not yet established.

2.03.3 Rights-of-Way with sparse or marginal vegetative cover.

2.03.4 Rights-of Way with highly-erosive slopes or waterways.

2.03.5 Rights-of-Way with a slope greater than 3ft. horizontal (run) to 1 ft. vertical (rise).

2.03.6 Areas requiring environmental restrictions as identified during the environmental clearance conducted prior to approval of the Harvesting Permit.

2.03.7 Rest areas, or other locations designated by the Department.

2.03.8 Any Median separating traffic lanes on a State Highway.

2.03.9 Areas under construction.

2.03.9.1 Permits in existence at the time that construction begins shall be suspended during the term of the construction with appropriate notice given to the Permittees.

2.03.9.2 Permits will automatically be reinstated for the remaining period on the original Permit upon completion of the construction and corresponding notice to given to the Permittees.

2.03.10 On any Interstate Highway Right-of-Way.

2.03.11 Land controlled by the federal government.

2.04Time Frame for Harvesting and Permit Length.

2.04.1 Permits shall be valid for five (5) years commencing on the issuance date of the Permit and may be renewed for additional five (5) year periods or for shorter periods at the discretion of CDOT.

2.04.2 Operations will be permitted between 8 a.m. and 4 p.m. Work shall not be performed on Saturdays, Sundays, or holidays without prior authorization or unless otherwise specified in this Permit.

2.04.3 CDOT may restrict work within ROW during adverse weather conditions or during periods of high traffic volume.

2.04.4 Harvesting shall not occur between the first day of April and the 15th day of August, due to requirements of the Division of Wildlife memorialized in a Memorandum of Agreement.

2.05Submission and Contents of Permit Application.

2.05.1 The Department encourages the Permittee to apply at least 90 days prior to the actual time the Permittee may wish to conduct the Harvesting operation to avoid potential delays.

2.05.2 Application packages may be obtained from the Department at the appropriate Regional Traffic Section Permit Office or on CDOT's website.

2.05.3 The Permit application shall be submitted in a manner consistent with the directions in the Permit materials provided by the Department.

2.05.4 The Permit application shall include all information required by the Department as stated within the Permit application and instruction materials provided by the Department and in conformance with the Rules and the enabling statute.

2.05.5 The Permit application shall be submitted to the appropriate Department's Regional Office listed on the Harvesting Permit application.

2.05.6 The application must contain the acknowledgement that the Permittee is responsible to repair and mitigate any damage to existing utility and other installations that may be present on the State Highway ROW during the Harvesting operation.

2.05.7 The Permittee shall submit a non-refundable Application Fee of $100.00 per mile of State Highway Right-of-Way. Payment shall be made by certified check made out to CDOT.

2.05.8 The Department will not pro-rate application fees based on Parcel(s) lengths of less than one mile of State Highway ROW.

2.05.9 The effective date of an application transmitted by U.S. mail, electronic mail or by hand delivery shall be the date and time of receipt stamped on the application by the Department.

2 CCR 601-16-2.00