Applicability

(1) These rules shall govern the construction of all driveway entrances within the rights-of-way of highways designated as part of the state highway system. (2) No driveway entrance shall be constructed on any state highway right-of-way without a permit issued by the Department of Transportation. These rules provide a description of information to be contained in the driveway permit application, the standards against which the application shall be measured, and the administrative remedies offered by the Department to review the balance of private property rights of reasonable access versus the public need to preserve the smooth flow of traffic on the State Highway System. (3) The Department may issue driveway permits only when the application is found by the Department to be in compliance with these rules. The Department is authorized to impose terms, conditions, and limitations as necessary and convenient to meet the requirements of these rules. (4) The standards, procedures, and requirements of these rules are in addition to any county or municipal land use regulations that may also govern the construction of driveways within their respective jurisdictions. CONSTRUCTING DRIVEWAY ENTRANCES ON STATE HIGHWAY CHAPTER 1680-10-01 RIGHTS-OF-WAY