2 CCR 601-16-1.00 - Definitions

1.01 "Abutting" shall mean any land or portion thereof which adjoins a State Highway.

1.02 "Adjacent Landowner" shall mean the person or persons, firm or corporation entitled to the ownership and possession of real property abutting a State Highway.

1.03 "Agricultural Uses" shall mean the cutting, baling, and removal of hay and grasses only.

1.04 "Applicant" shall mean a person, firm, corporation or other entity which owns an interest in the property adjacent to the State Highway ROW for which the Harvesting Permit is sought.

1.05 "Department" or "CDOT" shall mean the Colorado Department of Transportation established pursuant to § 43-1-103, C.R.S.

1.06 "Environmentally Restricted Areas" shall mean areas where no Harvesting is allowed due to threatened and endangered species or their habitat, wetlands or other areas of concern that may exist.

1.07 "Expressway" shall mean a physically-divided highway with partial control of access generally having grade separations at major intersections.

1.08 "FHWA" shall mean the Federal Highway Administration, the U.S. Department of Transportation.

1.09 "Harvesting" shall mean cutting of native grasses and hay, through mechanical means only, removing them from the ground by baling, and removing the bales from the State Highway Right-of-Way.

1.10 "Interstate Highway" shall mean any highway included as a part of the National System of interstate and defense highways as authorized and designated in accordance with section 7 of the "Federal-Aid Highway Act of 1944" and any other subsequent acts of Congress. For purposes of these Rules, no Permit shall be granted for ROW adjacent to an Interstate Highway.

1.11 "Local Authority" shall mean a county, city and county, or municipality.

1.12 "Median" shall mean the area of Right-of-Way from the inside shoulder of one lane of a divided highway to the inside shoulder of the opposite lane.

1.13 "Municipality"shall mean a city or town incorporated pursuant to Colorado law, and any city, town, or city and county which has chosen to adopt a home rule charter pursuant to the provisions of Article XX of the State Constitution.

1.14 "Permittee" shall mean a person, firm, corporation or other entity which owns an interest in property adjacent to the State Highway Rights-of-Way and has obtained a Permit from CDOT to harvest grasses on the ROW.

1.15 "Of Public Record" shall mean the Department's control of the Right-of-Way must be on record at the appropriate County Clerk and Recorder's Office.

1.16 "Parcel" shall mean the area of CDOT controlled Rights-of-Way which CDOT has granted a Permit to the Permittee to harvest native grasses. The Parcel shall not be greater than five segments of ten miles per segment.

1.17 "Right-of-Way" or "Rights-of-Way" or "ROW" shall mean the entire width between the boundary lines of every Right-of-Way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this state.

1.18 "State Highway" shall mean a highway that is part of the State Highway system under the jurisdiction of the Department.

1.19 "Survey Monument" shall mean the object or physical structure installed in the ground, including witness posts, for the purpose of performing a land survey.

Notes

2 CCR 601-16-1.00