C.R.S. Section 43-2-135
Division of authority over streets

(1)

The jurisdiction, control, and duty of the state, cities, cities and counties, and incorporated towns with respect to streets which are a part of the state highway system is as follows:

(a)

The city, city and county, and incorporated town shall exercise full responsibility for and control over any such street beyond and including the curbs and, if no curb is installed, beyond the traveled way, its contiguous shoulders, and appurtenances; except that the regulation and control of driveways shall be subject to the provisions of section 43-2-147.

(b)

The department of transportation has authority to prohibit the suspension of signs, banners, or decorations above the portion of such streets between the curbs or portion used for highway purposes up to a vertical height of twenty feet above the surface of the roadway.

(c)

The city, city and county, or incorporated town at its own expense shall maintain all underground facilities in such streets and has the right to construct such underground facilities as may be necessary in such streets.

(d)

The city, city and county, or incorporated town has the right to grant the privilege to open the surface of any such street, but all damages occasioned thereby shall promptly be repaired either by the city, city and county, or incorporated town itself or at its direction.

(e)

The city, city and county, or incorporated town at its own expense shall provide street illumination and shall clean all such streets, including storm sewer inlets and catch basins.

(f)

The department of transportation has the right to utilize all storm sewers on such highways without cost; and if new storm sewer facilities are necessary in construction of streets by the department of transportation, the cost of such facilities shall be borne by the state and municipality as may be mutually agreed upon between the department of transportation and the local governing body of the city, city and county, or incorporated town.

(g)

Cities, cities and counties, and incorporated towns shall regulate and enforce all traffic and parking restrictions on streets which are state highways, but all regulations adopted after December 31, 1979, shall be approved in writing by the department of transportation before becoming effective on such streets; except that such regulations shall become effective on such streets sixty days after receipt for review by the department of transportation if not disapproved in writing by said department during that sixty-day period.

(h)

The department of transportation shall erect, control, and maintain at state expense all route markers and directional signs, except street signs on those streets.

(i)

The department of transportation shall install, operate, maintain, and control at state expense all traffic control signals, signs, and traffic control devices on state highways in cities, the city and county of Denver, the city and county of Broomfield, and incorporated towns. No local authority shall erect or maintain any stop sign or traffic control signal at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the department of transportation. For the purpose of this paragraph (i), striping, lane-marking, and channelization are considered traffic control devices.

(j)

Rights-of-way for such street shall be acquired by either the city, city and county, or incorporated town or by the state as is mutually agreed upon. Costs of acquiring such rights-of-way may be at the sole expense of the state or the city, city and county, or incorporated town, or both, as may be mutually agreed. Title to all rights-of-way so acquired shall vest in the city, city and county, or incorporated town, or the state, according to the agreement under which said rights-of-way were secured.

(k)

The department of transportation is authorized to acquire rights-of-way by purchase, gift, or condemnation for any such streets, highways, and bridges. Any such condemnation proceeding shall be exercised in the manner provided by law for condemnation proceedings to acquire lands required for state highways. Nothing in this section shall be construed as abrogating the rights of home rule cities to acquire lands for state purposes in the manner set forth in the charter of said cities.

Source: Section 43-2-135 — Division of authority over streets, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-43.­pdf (accessed Oct. 20, 2023).

43‑2‑101
State highway system 43‑2‑101.5
Devolution of commuter highways to counties and municipalities - required study - definitions 43‑2‑102
Department maintain system 43‑2‑103
Urban highway contracts 43‑2‑104
County highway contracts 43‑2‑104.5
Reimbursement of counties and municipalities 43‑2‑106
Abandoned state highways 43‑2‑107
Standards of construction - definition 43‑2‑108
County highway systems 43‑2‑109
County primary systems 43‑2‑110
Selection by county - notice - secondary system 43‑2‑111
Road supervisors - districts - duties - powers 43‑2‑112
Condemnation for county roads 43‑2‑113
Abandoned county primary roads 43‑2‑114
Standards for county primary roads 43‑2‑115
Allocations - reports - grace period 43‑2‑116
Federal aid - matching funds 43‑2‑117
County line roads - apportionment 43‑2‑118
Private roads 43‑2‑119
County road budgets 43‑2‑120
Annual county reports 43‑2‑121
Annual state report 43‑2‑122
State inspection of county projects 43‑2‑123
City street systems 43‑2‑124
City streets defined - maintenance 43‑2‑125
Adoption of street systems - reports 43‑2‑129
Accounting by municipalities - unexpended funds - matching federal aid 43‑2‑130
Street budgets 43‑2‑131
Municipal allocations - delinquent reports - grace period 43‑2‑132
Annual municipal reports 43‑2‑133
State inspection of municipal projects 43‑2‑134
Certification of designations - notice of change 43‑2‑135
Division of authority over streets 43‑2‑136
Department makes rules for rating 43‑2‑137
Counties submit priorities - instructions 43‑2‑138
Municipalities submit priorities - instructions 43‑2‑139
Roadside advertising on county roads 43‑2‑141
Violation of sections - penalties 43‑2‑142
Jurisdiction 43‑2‑144
Intergovernmental highway contracts 43‑2‑145
Transportation legislation review - committee - definition - repeal 43‑2‑146
Highway bypasses - public policy - when 43‑2‑147
Access to public highways - definitions 43‑2‑149
Roadside memorials authorized - specifications - permit - definitions 43‑2‑150
Roadside chain service - rules 43‑2‑201
Public highways 43‑2‑201.1
Closure of public highways extending to public lands - penalty 43‑2‑202
County road and bridge fund - apportionment to municipalities 43‑2‑203
County road and bridge budget - tax levy 43‑2‑204
Commissioners authorized to acquire property for highways 43‑2‑205
Rights-of-way - public land 43‑2‑206
Acquisition of rights of prior lessee 43‑2‑207
Expense of construction and maintenance 43‑2‑208
County commissioners authorized to construct highways and let contracts 43‑2‑209
Contract for work on highways - advertise for bids 43‑2‑210
Only residents of county to be given employment 43‑2‑211
Cattle guards - specifications 43‑2‑212
Sections applicable only to county highways 43‑2‑213
Not deemed an obstruction 43‑2‑214
County highway anticipation warrant retirement fund 43‑2‑215
Moneys allocated to fund 43‑2‑216
Warrants - sale - duration - interest 43‑2‑217
County treasurer fiscal agent 43‑2‑218
Sections supplemental 43‑2‑219
County authority to privatize county highways and bridges - charge a toll 43‑2‑301
Definitions 43‑2‑302
Vesting of title upon vacation 43‑2‑303
Methods of vacation 43‑2‑304
Limitation of actions 43‑2‑401
Definitions 43‑2‑402
Noise mitigation measures 43‑2‑403
Noise mitigation - privately funded - rules 43‑2‑404
Rule-making authority
Green check means up to date. Up to date

Current through Fall 2024

§ 43-2-135’s source at colorado​.gov