2 CCR 601-16-2.00 - Submitting, Approving, and Reapproving a Permit Application
2.01
Who 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.
2.02
Parcel(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.
2.03
Parcel(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.
2.04
Time 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.
2.05
Submission 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.
Notes
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