C.R.S. Section 43-2-402
Noise mitigation measures

(1)

An applicant may submit an application for noise mitigation measures to the department between November 1 and March 31 in accordance with the application procedures established by the transportation commission by rule.

(2)

An application for noise mitigation measures shall:

(a)

Be accompanied by a petition in support of the noise mitigation measures signed by members of no less than seventy-five percent of the households in an eligible area who live no more than four-tenths of one mile from the nearest edge of the right-of-way of the state highway;

(b)

Specify whether a local government has agreed to provide any of the moneys necessary to construct the noise mitigation measures; and

(c)

Specify which noise mitigation measures the applicant proposes for the eligible area.

(3)

If local governments in an eligible area have not agreed to provide at least fifty percent of the moneys necessary to construct the proposed noise mitigation measures in the eligible area, an applicant may submit an application for noise mitigation measures under this section only if the eligible area existed as a residential area before the state highway was constructed or widened.

(4)

Intentionally left blank —Ed.

(a)

The department shall consider applications received between November 1 and March 31 for noise mitigation measures to be constructed in the state fiscal year commencing the following July 1.

(b)

No later than July 1 of each year, the department shall review applications received between November 1 and March 31 of the previous state fiscal year and place applications that meet the requirements of this section on a list of approved noise mitigation measures. The department shall prioritize the measures on the list using a formula that gives equal weight to the following factors:

(I)

The hourly equivalent noise level at the first receivers in the eligible area;

(II)

The number of homes in the area that will benefit significantly from noise mitigation measures; and

(III)

The length of time that the area has been an eligible area.

(5)

Intentionally left blank —Ed.

(a)

The department shall construct noise mitigation measures on the list of approved measures for which a local government has agreed to provide no less than fifty percent of the necessary moneys in the order of priority established pursuant to subsection (4) of this section, using moneys provided by local governments and any moneys distributed to the department by the department of public health and environment pursuant to part 14 of article 20 of title 30, C.R.S.

(b)

After the construction of noise mitigation measures in accordance with paragraph (a) of this subsection (5), the department shall use any moneys provided by local governments or distributed to the department pursuant to part 14 of article 20 of title 30, C.R.S., to construct other noise mitigation measures on the list of approved measures in the order of priority established pursuant to subsection (4) of this section.

(c)

If a noise mitigation measure on the list of approved measures is not constructed in a state fiscal year, the applicant may submit an application for the noise mitigation measure for the next state fiscal year.

Source: Section 43-2-402 — Noise mitigation measures, 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

§ 43-2-402’s source at colorado​.gov