HomeMy WebLinkAbout20121874.tiff •
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STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
Division of Transportation Development WELD COUNTY .,
4201 East Arkansas Avenue, Room 262 COMMISSIONERS re SOT
Denver;Colorado 80222
(303)757-9525 aus��
FAX
(303)757-9656 2012 JUL lb A O 22
DEPARTMENT OF TRANSPORTATION
July 10, 2012 RECEIVED
To Partners and Interested Parties in the Statewide Transportation Planning Rules:
Notice of Rule Making and Request for Input
We are writing to you in order to provide notice that we have commenced a revision of the existing
"Rules Governing the Statewide Transportation Planning Process and Transportation Planning
Regions," 2 CCR 604-2, ("Statewide Transportation Planning Rules"). The purpose of the Rules is to
prescribe the statewide transportation planning process through which a long-range multimodal,
comprehensive statewide transportation plan will be developed. Enclosed is a red-line version which
indicates changes to the existing rules.
Please send any comments on or before August 15, 2012 to the following email address:
Statewide.planninqrulesdot.state.co.us or mailing address:
Mary Frances Nevans
CDOT Rules Administrator
Re: Statewide Transportation Planning Rules
4201 E. Arkansas Avenue
Room 275
Denver, CO 80222
We value your input and will consider all comments and include them in our presentation to an
Administrative Hearing Officer at the public rule making hearing. You are also welcome to appear and
comment at the public rule making hearing set for September 12, 2012 at 2:00 p.m. located at CDOT
Headquarters, 4201 E. Arkansas Avenue, in the Auditorium, Denver, CO 80222. While you are
welcome to attend the hearing, we appreciate receiving your comments in advance so that we can
consider them prior to the hearing and incorporate any changes into the rules. If you have any
questions about the rules, please contact Mary Frances Nevans, CDOT Rules Administrator at (303)
757-9723. We are also required by law to maintain a permanent record of all comments on all rules.
Rationale for Rule Making
The Statewide Transportation Planning Rules have been in place since 1992 and were last revised in
October 2006. The Colorado Department of Transportation ("CDOT") is revising these Rules as part of
its goal to review all existing CDOT rules in conformance with Governor Hickenlooper's statewide
initiative. CDOT is also proposing these Rule revisions at the request of the Federal Highway
Administration to update citations to current federal and state regulations and as one component of the
development of the next long-range statewide transportation plan. Following the rule making hearing,
the rules will be submitted for adoption to the Transportation Commission.
Sincerely,
LIAL6Y-t_A-frAL-
Debra Perkins-Smith
Director, Division of Transportation Development
Urtm-\t`xv,Ulk\CiOvA rk0 Pt 2012-1874
'1-1 7-,
DEPARTMENT OF TRANSPORTATION
Transportation Commission
RULES GOVERNING THE STATEWIDE TRANSPORTATION PLANNING PROCESS
AND TRANSPORTATION PLANNING REGIONS
2 CCR 6041-21
STATEMENT OF BASIS AND PURPOSE AND STATUTORY AUTHORITY
I. Purpose
The purpose of the Rules is to prescribe the statewide transportation planning process through
which a, long-range intermodalmultimodal, comprehensive statewide transportation plan will be
developed, integrated,updated, and amended by the Colorado Department of Transportation
(Department), in cooperation with local governments, Metropolitan Planning Organizations,
Regional Planning Commissions, Indian tribal governments, Federal Highway Administration,
Federal Transit Administration, Federal Aviation Administration, Federal Railroad
Administration, U.S. Forest Service, Bureau Of of Land Management, Secretary of the Interior,
UPS-National Park Service, and-other federal and state agencies, the private sector, transit and
freight operators, and the general public. This cooperative process is designed to coordinate
regional transportation planning, guided by the statewide transportation policy set by the
Department and the Colorado"Transportation Commission (Commission), as a fundamental basis
for developing the statewide transportation plan. The result of the statewide transportation
planning process shall be a long-long-range, financially feasible, environmentally sound
intermodal multimodal transportation system plan for Colorado.
Further, the purpose of the rules Rules is to identify the state's Transportation Planning Regions
for which long-range Regional Transportation Plans are developed, and prescribe the process for
conducting and initiating transportation planning in these regions as well as coordinating with
the Metropolitan Planning Organizations for planning in the metropolitan areas. In addition, the
purpose of the rules Rules is to describe the organization and function of the Statewide
Transportation Advisory Committee(STAC) as established by 43-1-1104, Colorado Revised
Statutes (C.R.S.).
The rules Rules are being promulgated to meet the intent of both the U.S. Congress and the
Colorado General Assembly for developing
continuing, cooperative, and comprehensive statewide multimodal transportation planning
process to address the transportation problems of the state by producing a statewide
transportation plan. This plan will be implemented by systematic project prioritization and
selection and budgeting of resources, utilizing a comprehensive input process,including
provisions pursuant to 13 I-106 (8) (a) and (i) Colorado Revised Statutes (C'.R.S.)
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The rules Rules are intended to be coordinated consistent with and not be a replacement for the
federal transportation planning requirements contained in 23 United States Code (U.S.C.) 134
and 135 and in implementing regulations contained in the certain sections of title 23 Code of
Federal Regulations (CFR)Part 450 incorporated herein, including Subparts A,B and C.
The Statewide Planning Rules, as a component of the statewide plan, emphasize Colorado's
continually greater integration of multimodal, cost-effective and environmentally sound means
of transportation. The Rules reflect the Department's focus on multimodal transportation
projects including highways, aviation, transit and rail, bicycles and pedestrians.
The rules Rules are promulgated by the Commission pursuant to the specific statutory authority
Offound in § 43-1-1103 (5), C.R.S.,and to the general statutory authority of§ 43 1 101_(1) (d)
(e) and
and § 43-1-106(8)(k),C.R.S.(8) 23 U.S.C. 134 and 135.
B. The Statements of Basis, Specific Statutory Authority, and Purpose-for-the-adoption-of
the Rules effective October 30, 1992, for the rules Rules as amended June 27, 1994, and
for the Rules as amended July 17, 1997, and for the Rrules as amended July 17, 2006,
and for the Rules as amended October 30, 2006 are hereby incorporated-by referee and
shall be available for copying or public inspection during regular bu:
Statewide Planning Manager, Colorado Department Of of Transportation, 4201 E�
Arkansas Avenue, Denver, Colorado 80222:
( The following federal rules are hereby incorporated into the-Rules h rth f
sections 208, 210, 212, 214, 316 (b), 318 (c), 322 (a) & (c), and 324ofr gulations 2-3
CFR Part 450 Subparts A, B and C, issued by the Federal Highway Adminisstr- ,
The Rules do not include amendments to or editions of the incorporated material-made
after the effective date of the Rules. Copies of the incorporated materiel:. available f r
public inspeetion during regular business hours from the statewide S'tatew de „lan„ing
Planning manager Manager at the above address. Information coneeri:,,.tee
incorporated material may be obtained or examined will be provided by-the-statewide
Statewide planning Planning_manager Manager upon request. Any mate-r al incorporated
by reference into the Rules may also be examined at any state publications dep tory
library.
1 1.00 Definitions
The following definitions shall apply to the Rules:
1.01 Accessible- ensure that all meeting locations are reachable by persons from households
without vehicles;and that they will be accessible to persons with disabilities in accordance with
CDOT Policy 605.0 and the Americans with Disabilities Act.
Air Quality At Risk Area an area that has been identified in writing by the Col„..ado
Department of Public health and Environment and the Department where-violations-of-ambient
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air quality standards for may be imminent unless increases in transportation related emissions in
that area arc mitigated.
1.02 Alternative Mode - any mode of transportation other than a single occupant vehicle.
1.03 Attainment Area— Any geographic area in which levels of a given criteria air pollutant
(e.g., ozone, carbon monoxide, PM10, PM2.5, and nitrogen dioxide) meet the health-based
National Ambient Air Quality Standards (NAAQS) for that pollutant as defined in the Clean .Air
Act.
1 .04 Commission -the State Transportation Commission created by § 43-1-106, C.R.S.
1.05 Corridor- a described geographic area, having length and width for purposes of
transportation planning, and including all modes of travel.
1.06 Corridor Vision -A comprehensive examination of a specific transportation corridor
which includes a determination of needs and an expression of desired state of the transportation
system over the planning period and includes all modes and facilities.
1.07 Department-the Colorado Department of Transportation created by § 43-1-103. C.R.S.
1.08 Division—The Division of Transportation Development within the Colorado Department
of Transportation.
1.09 Division Director-the Director of the Division of Transportation Development, Colorado
Department of Transportation, 4201 F. Arkansas Ave., Denver, Colorado 80222.
1.10 Fiscally Constrained - the financial limitation on transportation plans based on the
projection of revenues reasonably expected to be available over the long-range planning period
as adopted by the Commission prior to updating regional and statewide plans.
1.11 Intergovernmental Agreement- an arrangement made between two or more political
subdivisions that form associations for the purpose of promoting the interest and welfare of said
subdivisions, as defined in § 30 28 105, C.R.S.
1.12 Intermodal- refers to: the provision ofthe ability to connect and the connections between
different transportation modes, (bicycle, pedestrian, transit,rail,and-aircraft, and motor vehicle).
1.13 Long-range Planning- a reference to a planning period with a minimum 20-year planning
horizon.
1.14 Maintenance Area--any geographic region of the United States that the US
Environmental Protection Agency(EPA) previously designated as a Nonattainment Area for one
or more pollutants pursuant to the Clean. Air Act(CAA) Amendments of 1990 and subsequently
redesignated as an Attainment Area subject to the requirement to develop a maintenance plan
under section I 75A of the CAA.
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1.15 Metropolitan Planning Area- is a geographic area determined by agreement between the
Metropolitan Planning Organization for the area and the Governor, in which the metropolitan
transportation planning process is carried out pursuant to 23 U.S.C. § 134.
1.16 Metropolitan Planning Organization(MPO) - an organization within the State of
Colorado designated by agreement among the units of general purpose local government and the
Governor, charged to develop the transportation plans and programs in a metropolitan planning
area pursuant to 23 U.S.C. j134.
1.17 Mobility-the ability to move people, goods, and information among various origins and
destinations.
1.20 Multimodal - refers to: a comprehensive or integrated transportation mode approach,
often utilizing two or more transportation modesan integrated modal approach having two or
more modes (bicycle, pedestrian, transit, rail, aircraft, and motor vehicle).
1.21 Nonattainment Area - any geographic region of the United States which has been
designated by the EPA as a fNonattainment Arca under§-section 107 of the Clean Air Act
Amendments (CAAA) for any pollutants for which a national ambient air quality standard exists.
1.22 Non-metropolitan Area—a rural geographic area outside a designated metropolitan
planning area.
1.23 Regional and Statewide Plan Guidebook or"Guidebook"-The plan gGuidebook is
developed in collaboration with CDOT's planning partners in order to assist local governments
and interested parties in the development of long-range transportation plans. Though MPO
processes are addressed in federal regulations, some information is typically included for MPOs
based on the need for consistency between rural and metropolitan plans as they are consolidated
into the Statewide Transportation Plan. Also referred to as "the Guidebook." .
1.24 Regional Planning Commission (RPC) -the planning body formed under the provisions
of§ 30-28-105 (1), C.R.S., and designated under section IV B of these Rules to formulate a
Regional Transportation Planfor the purpose of transportation planning.
1.25 Regional Transportation Plan(RTP) - a technically-based, long-range plan designed to
address the future transportation needs for a Transportation Planning Region including,but not
limited to, anticipated funding,priorities, and implementation plans,pursuant to,but not limited
to, § 43-1-1103 (l) and(2) C.R.S. and 23 CFR 450.
1.26 State Transportation System -refers to all transportation facilities in Colorado, including,
but not limited to, interstates, highways, local roads, aviation facilities, bicycle and pedestrian
facilities, transit facilities, and rail facilities.
1.27 Statewide and Regional Planning Manager-the person who manages the Statewide and
Regional Planning SectionPlan development at the Colorado Department of Transportation, 1201
E. Arkansas Ave.. Denver, CO 80222.
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1.28 Statewide Transportation Advisory Committee (STAC) -the committee created by § 43-
1-1104, C.R.S., composed of one representative from each transportation planning region,to
review and comment on Regional Transportation Pplans, amendments, and updates to the plan;;,
and to advise the Department on the needs of transportation systems in Colorado.
1.29 Statewide Transportation Improvement Program(STIP) - a staged, financially fiscally
constrained,multi-year, statewide, intermodal multimodal program of transportation projects
which is consistent with the statewide transportation plan and planning processes,with
metropolitan planning area plans, tips Transportation Improvement Programs and processes, and
which is developed pursuant to Title 23 U.S.C. 135 (f)(1991 ).
1.30 Statewide Transportation Plan -the long-range, fiscally constrained,comprehensive,
multimodal statewide transportation plan covering a period of no less than 20 years from time of
adoption, developed through the statewide transportation planning process, and adopted by the
Commission pursuant to the provisions of§ 43-1-1103 (5), C.R.S.
1.31 System Continuity- includes,but is not limited to, appropriate intermodal connections,
integration with state modal plans, and coordination with neighboring Regional Transportation
Plans.
1.32 Traditionally Underserved-This refers to groups such as the elderly,persons with
disabilities, low-income households,minorities, and student populations which may face
difficulties accessing transportation systems, employment and other amenities.
1.33 Transit and Rail.Advisory Committee (TRAC)—an advisory committee created
specifically to advise the Executive Director, the Commission and the Division of Transit and
Rail on transit and rail-related activities.
1.34 Transportation Commission —The commission established pursuant to § 43-1-105 C.R.S.
1.35 Transportation Commonality -the basis on which Transportation Planning Regions are
established including,but not limited to: Transportation Commission Districts, the Department's
Transportation Engineering Regions, travelsheds, watersheds, geographic unity,existing
intergovernmental agreements, and socioeconomic unity.
1.36 Transportation Improvement Program(TIP) - a staged, financially fiscally constrained,
multi-year, intermodal multimodal program of transportation projects developed and adopted by
MPO's and approved by the Governor which is consistent with the metropolitan transportation
plan, and which is developed pursuant to 23 U.S.C. X134 (11).
1.37 Transportation Mode -a particular form of travel including, but not limited to,motor
vehicle, rail, mass transit, aircraft,bicycle, or pedestrian travel.
1.38 Transportation Planning and Programming Process - all collaborative planning-related
activities including the development of regional and statewide transportation plans, the
Department's project priority programming process, and development of the Transportation
Improvement Programs (TIPs)and Statewide Transportation Improvement Program (STIP).
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Transportation Planning Organization federal reference to either Metropolitan Planning
Organizations or Regional Planning Commissions.
1.39 Transportation Planning Region (TPR) - a geographically designated area of the state, an
defined by section IV A of the Rules, and meeting some, or all, of the criteria for transportation
commonality, and within which a regional transportation plan may bcis developed pursuant to
the provisions of§ 43-1-1102 and 1103,C.R.S and 23 U.S.C. 134. TPR refers to both MPO
and non-MPO transportation planning regions.
1.40 Transportation Systems Planning - a procedure for developing an integrated means of
providing adequate facilities for the movement of people, goods, services, and information,
involving regional or statewide analysis of transportation needs and the identification of
transportation facilities and corridors.
1.41 Travelshed - the region or area generally served by a major transportation facility,
system, or corridor.
1.42 Tribal Transportation Improvement Program (TTIP) - a multi-year financially constrained
list of proposed transportation projects developed by a tribe from the tribal priority list or the
long range transportation plan, and which is developed pursuant to Title 25 CFR Part 170.421.
1.43 Urbanized Area - an area with a population of 50,000 or more designated by the Bureau
of the Census.
1.44 Watershed - one of the seven Water Divisions identified as the term is defined by the
Division of Water Resources, Department of Natural Resources, State of Colorado, comprising
the drainage basin of a major river, and considered in establishing TPR boundaries.
2.00 Transportation Planning Regions (TPR)
A:2.01 Transportation Planning Region Boundaries_Transportation Planning Regions are
geographically designated areas of the state with similar transportation needs that are determined
by considering transportation commonalities. Boundaries are hereby established as follows:
2.01.1 The Pikes Peak Area Transportation Planning Region comprised of the Pikes
Peak Area Council of Governments' metropolitan area within El Paso and Teller
Counties.
/-) The Greater Denver Metropolitan Transportation Planning Region comprised of
the counties of Adams, Arapahoe, Boulder, Broomfield, Clear Creek, Denver, Douglas,
Gilpin, Jefferson, and parts of Weld, including the Denver Regional Council of
Governments' metropolitan area.
3. 2.01.3 The North Front Range Transportation Planning Region comprised of the North
Front Range Transportation and Air Quality Planning Council's metropolitan area within
Larimer and Weld Counties.
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1. 2.01.4 The Pueblo Area Transportation Planning Region comprised of Pueblo County,
including the Pueblo Area Council of Governments' metropolitan area.
5. 2.01.5 The Grand Valley Transportation Planning Region comprised of Mesa County,
including the Grand Valley Metropolitan Planning Organization's metropolitan area.
6. 2.01.6 The Eastern Transportation Planning Region comprised of Cheyenne, Elbert, Kit
Carson, Lincoln, Logan, Phillips, Sedgwick, Washington, and Yuma Counties.
7. 2.01.7 The Southeast Transportation Planning Region comprised of Baca, Bent,
Crowley, Kiowa, Otero, and Prowers Counties.
2.01.8 The San Luis Valley Transportation Planning Region comprised of Alamosa,
Chaffee, Conejos, Costilla, Mineral, Rio Grande, and Saguache Counties.
9. 2.01.9 The Gunnison Valley Transportation Planning Region comprised of Delta,
Gunnison, Hinsdale, Montrose, Ouray, and San Miguel Counties.
10. 2.01.10 The Southwest Transportation Planning Region comprised of Archuleta, Dolores,
La Plata, Montezuma, and San Juan Counties, including the Ute Mountain Ute and
Southern Ute Indian Reservations.
I I. 2.01.1 1 The Intermountain Transportation Planning Region comprised of Eagle, Garfield,
Lake, Pitkin, and Summit Counties.
12. 2.01.12 The Northwest Transportation Planning Region comprised of Grand, Jackson,
Moffat, Rio Blanco, and Routt Counties.
13. 2.01.13 The Upper Front Range Transportation Planning Region comprised of parts of
Larimer, Morgan, and parts of Weld Counties, not in the North Front Range
Transportation and Air Quality Planning Council's metropolitan area and the Greater
Denver metropolitan area.
11. 2.01.14 The Central Front Range Transportation Planning Region comprised of Custer,
El Paso, Fremont, Park, and Teller Counties, excluding the Pikes Peak Area Council of
Governments' metropolitan area.
15. 2.01.15 The South Central Transportation Planning Region comprised of Huerfano, and
Las Animas Counties.
&2.02 Formation of Regional Planning Commissions (RPC)
2.02.1 Municipalities and counties within a non-metropolitan area TPR may elect to form an
RPC for the purpose of transportation planning through an intergovernmental agreement,
pursuant to § 30-28-105 and § 43-1-1103 (1), C.R.S.
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The RPC shall notify the Division Director by letter of the formation of an RPC for the
purpose of transportation planning within thirty (30) days of the execution of the
intergovernmental agreement or change in membership.
2.02.2 The notification shall include:
2.02.2.1 An executed copy of the intergovernmental agreement.
2.02.2.2 The name of the chairperson, and the mailing address, telephone
number, fax number and electronic mail address (if available) of the
RPC.
€2.03 Boundary Revision Process
2.03.1 TPR boundaries, excluding any MPO-related boundaries, will be reviewed by the
Commission prior toat each plan update cycle for regional and statewide transportation planning.
The Department will notify counties, municipalities, MPOs, Indian tribal governments, and
RPCs for the TPRs of the boundary review, and will allow sixty (60) days for boundary revision
requests. MPO boundary review shall be conducted pursuant to 23 U.S.C. § 134 and 23 CFR §
450 Subpart B and any changes shall be provided to the Department for updating the Rules. All
boundary revision requests shall be sent to the Division Director, and shall include:
2.03.1.1.- aA geographical description of the proposed boundary change.
2.03.1.27 aA statement of justification for the change considering transportation
commonalities.
2.03.1.37 aA copy of the resolution stating the concurrence of the affected Regional
Planning Commission.
2.03.1.4. theThe name, title, mailing address, telephone number, fax number and
electronic mail address-(if available) of the contact person for the
requesting party or parties(ies).
2.03.2 The Department will assess and STAC shall review and comment(as set forth in these
Rules) on all non-metropolitan area TPR boundary revision requests based on transportation
commonalities and make a recommendation to the Commission concerning such request. The
Department will notify the Commission of MPO boundary changes. The Commission may
initiate a rule-making proceeding under the State Administrative Procedure Act, § 24-4-103,
C.R.S. to consider such requests. Requests received for a TPR boundary revision outside of the
regularly scheduled boundary review cycle must include the requirements identified above.
2.03.3 In the event that the Commission approves a change to the boundary of a TPR that has a
Regional Planning Commission, the RPC in each affected TPR shall notify the Department of
any changes to the intergovernmental agreement governing the RPC as specified in .section IV B
of these Rules.
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P-1.04 Transportation Planning Coordination Wwith MPOs
2.04.1 The Department and the MPOs shall coordinate activities related to the development of
Regional Transportation Plans, the Statewide Transportation Plan,TIPs and the STIP in
conformance with 23 U.S.C. X134 and 135 and 43-1-1101 and 43-1-1103, C.R.S. The
Department shall work with the MPOs to resolve issues arising during the planning process.
12.05 Transportation Planning Coordination wWith Non-MPO TPRs
2.05.1 1 h Department and TPRs shall work together in developing Regional Transportation
Plans and in planning future transportation activities. The Department shall consult with all TPRs
on development of the Statewide Transportation Plan; incorporation of RTPs into the Statewide
Transportation Plan; and the inclusion of projects into the STIP that are consistent with the
RTPs. In addition, the Department shall work with the TPRs to resolve issues arising during the
planning process.
F:2.06 Transportation Planning Coordination Among TPR's
2.06.1 If transportation improvements cross TPR boundaries or significantly affect another TPR,
the TPR shall consult with all the affected TPRs involved when developing the regional
transportation plan. In general, TPR planning officials shall work with all planning partners
affected by transportation activities when planning future transportation activities.
X2.07 _Transportation Planning Coordination with the Southern Ute and the Ute
Mountain Ute Tribal Governments
2.07.1 Regional transportation planning within the Southwest TPR shall be coordinated with the
transportation planning activities of the Southern Ute and the Ute Mountain Ute Tribal
governments. The long-range transportation plans for the tribal areas shall be incorporated by
reference in the Statewide Transportation Plan and integrated and consolidated into the Regional
Transportation Plan for this TPR.-The TTlPs shall be included by reference in the STIP.
X3.00 Statewide Transportation Advisory Committee (STAC)
443.01 Duties of the Statewide Transportation Advisory Committee (STAC). Pursuant to § 43-
1-1104 (2)C.R.S. the duties of the STAC shall be to meet as necessary;provide advice to
the Department on the needs of the transportation system; and review and comment on:
3.01.1—_Regional Transportation Plans, amendments,and updates as described in section
VI C.these Rules.
3.01.2—_Transportation related communication and/or conflicts which arise between
TPRs, or between the Department and a TPR.
3.01.3-_The integration and consolidation of RTPs into the Statewide Transportation
Plan.
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3.01.47- Colorado's mobility requirements to move people, goods, services, and
information by furnishing regional perspectives on transportation problems requiring
interregional and/or statewide solutions.
3.01.5 Improvements to modal choice, linkages between modes, and transportation
system balance and system continuity.
3.01.6 Proposed TPR boundary revisions.
8,3.02 Notification of Membership
3.02.1 Each TPR shall select its representative to the STAC pursuant to § 43-1-1104, C.R.S.-
The Ute Mountain Ute and the Southern Ute Tribal governments may each appoint a non-voting
member to the STAC. The Division Director shall be notified in writing of the name, title,
mailing address, telephone number, fax number and electronic mail address (if available) of the
STAC representative from each TPR within thirty (30) days of selection.
G3.03 Administration of Statewide Transportation Advisory Committee
3.03.1 STAC recommendations on Regional and Statewide Transportation Plans, amendments,
and updates shall be documented in the STAC meeting minutes, and will be considered by the
Department throughout the statewide transportation planning process.
3.03.2 The STAC shall establish procedures to govern its affairs in the performance of its
advisory capacity, including, but not limited to, the appointment of a chairperson and the length
of the chairperson's term, meeting times and locations.
3.03.3 The Division Director will provide support to the STAC, including, but not limited to:
3.03.3.1. _Notification of STAC members of meeting dates and agendas.
3.03.3.2. _Preparation and distribution of STAC meeting minutes.
3.03.3.3. Allocation of Department staff support for STAC-related activities.
VI.4.00 _Development of Regional and Statewide Transportation Plans
4.01 Transportation planning organizationaPlanninu Regions, and the Department, shall comply
with all applicable provisions of the certain sections of 23 U.S.C 134 and 135, 23 CFR Part 450
and § 43-1-1103, C.R.S. that arc incorporated by reference herein (see section II above) in their
development of regional and statewide transportation plans, respectively.
7‘4.02 Public Participation.
4.02.1 Transportation Planning Organizations Regions and the Department shall provide the
early and continuous opportunity for public participation in the transportation planning process.
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The process shall be proactive and provide complete timely information, timely adequate public
notice, full reasonable public access to key decisions, and opportunities for •
involvementpublic review and comment at key decision points in the process. The objectives of
public participation in the transportation planning process include: providing a mechanism for
public perspectives, needs, and ideas to be incorporated in the planning process; developing the
public's understanding of the problems and opportunities facing the transportation system;
demonstrating explicit consideration and response to public input through a variety of tools and
techniques; and developing consensus on plans. The Department shall develop a documented
public participation process pursuant to 23 CFR 450.
4.02.1.1. Statewide Plans and Programs
Pursuant to 23 C.F..-R4 450 Subpart B.")10 and 150.212 , the Department is responsible, in
cooperation with the Transportation Planning OrganizationsRegions, for carrying out
public participation for developing, amending, and updating the statewide transportation
plan, the Statewide Transportation Improvement Program (STIP), and other statewide
transportation planning activities.
4.02.1.2. MPO Plans and Programs
Pursuant to 23 CFR Part 450 Subpart C.316 (b) , the MPOs are responsible for carrying
out public participation for the development of regional transportation plans,
transportation improvement programs and other related regional transportation planning
activities for their respective metropolitan areas. Public participation activities carried out
in a metropolitan area in response to metropolitan planning requirements in title 23 CFR
part 150.322 (c) or 150.321 (c) may by agreement of the Department and the MPO,
satisfy the requirements of this subsection.
4.02.1.3. Non-MPO TPR Plans and Programs
Regional Planning Commissions for Non-MPO TPRs are responsible for public
participation related to regional planning activities in that TPR, in cooperation with the
Department_, as provided in Title 23 CFR Part 150.212 . Specific areas of cooperation
shall be determined by agreement between the regional planning commission and the
Department.
4.02.1.4: Public Participation Activities
Public participation activities at both the regional and statewide level shall include, at a
minimum:
a-4.02.1.4.1 Establishing and maintaining for the geographic area of responsibility a
mailing list of all known parties interested in transportation planning including,
but not limited to: elected officials; municipal and county planning staffs; affected
public agencies; local, state, and federal agencies eligible for federal and state
transportation funds; local representatives of public transportation agency
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employees and users; freight shippers and providers of freight transportation
services; public and private transportation providers; representatives of alternative
transportation mode users, such as pedestrian walkways and bicycle transportation
facilities, the disabled community; private industry; environmental and other
interest groups; Indian tribal governments and the U.S. Secretary of the Interior
when tribal lands are involved; and representatives of persons or groups that may
be underserved by existing transportation systems, such as minority, low-income,
elderly and persons with disabilities; and members of the general public
expressing such interest in the transportation planning process.
bT4.02.1.4.2 Providing reasonable notice and opportunity to comment to those persons
on the transportation mailing list of upcoming transportation planning-related
activities and meetings.
e4.02.1.4.3 Utilizing reasonably available internet or traditional media opportunities to
provide timely notices of planning-related activities and meetings to members of
the general public. Methods that will be used to the maximum extent practicable
for public participation could include use of the World Wide Webinternet; news
media, such as newspapers, radio, or television; mailings and notices, including
electronic mail.
d.4.02.1.4.4 Seeking out those persons or groups that may betraditionally underserved
by existing transportation systems, including the elderly and persons with
disabilities by existing transportation system?, for the purposes of exchanging
information, increasing their involvement, and considering their transportation
needs in the transportation planning process. Pursuant to $ 43-1-601, C.R.S.. the
Department shall prepare a statewide survey identifying the transportation needs
of the elderly and of persons with disabilities.
e-4.02.1.4.5 Consulting, as appropriate, with State, Transportation Planning
OrganizationsRegions, and federal, state, local, and tribal agencies responsible for
land use management, natural resources, environmental protection, conservation
and historic preservation concerning the development of long-range transportation
plans.
f4.02.I.4.6 Providing reasonable public access to, and appropriate opportunities for
public review and comment on criteria, standards, and other planning-related
information used in the development of transportation plans, at public facilities,
such as Department headquarters and region offices, state depository libraries,
county offices, TPR offices, the Colorado Division offices for the Federal
Highway Administration and the Federal Transit Administration and the World
Wide Webinternet.
g 4.02.1 .4.7 Scheduling the development of regional and statewide plans so that the
release of the draft plans may be coordinated to provide for the opportunity for
joint outreach at such time.
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5-4.02.1.5 Documentation of Responses to Significant Issues.
The Transportation Planning Organizations Regions and the Department shall respond in writing
to all significant issues raised during the review and comment period on transportation plans, and
make these responses available to the public. For example, the inclusion or exclusion of projects
in an emissions analysis shall be considered a significant issue.
Review of the Public Involvement Process,
Periodically review the effectiveness of the public involvement process to ensure that the process
provides full and open access to all members of the public and revise the process as necessary
and allowing time for public review and comment per 23 CFR 450.
B:4.03 Transportation Systems Planning. Transportation Planning OrganizationsRegions,
and the Department, shall use an intermodalan integrated multimodal transportation
systems planning approach in developing and updating the long-range Regional
Transportation Plans and the long-range Statewide Transportation Plan for a minimum
20-year forecasting period. Transportation Planning Organizations Regions shall have
flexibility in the methods selected for transportation systems planning based on the
complexity of transportation problems and available resources within the TPR. The
Department will provide guidance and assistance to Transportation Planning
Organizations Regions regarding the selection of appropriate methods.
4.03.1.- Transportation State and federal transportation system planning factors to be
considered by Transportation Planning Organizations Recions and the
Department during their respective transportation systems planning shall he
includedinclude, at a minimum, the factors described in § 43-1-1103 (5),C.R.S.,
and in 23 U.S.C. 134(f) and 135 (c).
4.03.2.-Transportation systems planning by Transportation Planning Organization.;
Recions and the Department shall consider the results of any related studies that
have been completed. Transportation Planning Organizations Regions and the
Department may also identify any corridor(s) or sub-area(s)where an
environmental study or assessment may need to be performed in the future.
403.3.- Transportation systems planning by Transportation Planning Organizations
Regions shall consider corridor vision needs and desired state of the
transportation system including existing and future land use and infrastructure,
major activity centers such as industrial, commercial and recreations areas,
economic development, environmental protection and modal choices.
4.03.4 Transportation systems planning by Transportation Planning Organizations
Regions shall include operational and management strategies to improve the
performance of existing transportation facilities to relieve vehicular congestion
and maximize the safety and mobility of people and goods.
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4.03.5.-Transportation systems planning by the Department should include capital,
operations, maintenance and management strategies, investments, procedures, and
other measures to ensure the preservation and most efficient use of the existing
transportation system.
4.04.5.(x. Transportation systems planning by the Department shall consider and
integrate all modes into the Statewide Transportation Plan and include
coordination with Department modal plans and modal committees, such as the
Transit and Rail Advisory Committee ("TRAC).
C.1.04 Regional Transportation Plans (RTP) Metropolitan Planning Organizations
develop long-range regional long range transportation plans in accordance with federal (23
U.S.C. 134) and state (43-1-1103 and 43-1-1104, C.R.S.) law and implementing regulations,and
are consistent with the applicable metropolitan planning sections of the Regional and Statewide
Plan Guidebook(hereafter "the Guidebook" )_developed by the Department in collaboration
with its planning partners.
4.04.17 Content of Regional Transportation Plans_ Each non-metropolitan RTP shall include
at a minimum, the following elements:
4.04.1.1a, Transportation system facility and service requirements of the TPR
over a minimum twcnty20-year planning period necessary to meet
expected demand, and the anticipated capital, maintenance and operating
cost for these facilities and services,(Vision plan).
4.04.1 .2177 The fiscally constrained inter-modal integrated multimodal
transportation plan based on revenues reasonably expected to be available
over the minimum twenty20-year planning period (fiscally constrained
plan).
4.04.1.3E Analysis of the planning factors referenced in aection VI B
aboved.hese Rules upon which the transportation facility and service
requirements and the fiscally constrained plan are based.
4.04.I.4d7 Incorporate the direction provided by the Transportation
Commission with regard to the state transportation system. This direction
includes Commission policies and guidance documents_
4.04.1.5e. Identification and discussion of the results of completed
environmental studies, corridor studies, or corridor visions.
4.04.L(i Include a discussion of potential environmental mitigation
activities and potential areas to carry our-out these activities, including
activities that may have the greatest potential to restore and maintain the
environmental functions affected by the plan.
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4.04.I.7g A funding plan identifying resources for implementing the fiscally
constrained plan over the minimum forecasting period, and results
expected to be achieved based on regional priorities.
4.04.I.8h. Documentation of the public notification and public participation
process pursuant to_ section VI A of these Rules.
4.04.1.94, A resolution of adoption by the Ttransportation Pplanning
organizationRegion.
4.04.2. Products and reviews
4.04.2.1x: Draft Plan. Transportation Planning Organizations Regions shall
provide a draft of the RTP to the Department through the Division of
Transportation Development.
4.04.2.2b7 Draft Plan Review. Upon receipt of the draft RTPs, the Department
will initiate its review and schedule the STAC review (pursuant to these
Rulessection V A 31). The Department will provide its comments and
STAC comments to the Transportation Planning Organization Region
within a minimum of thirty-30 days of receiving the draft RTP. Regional
transportation plans in metropolitan areas completed pursuant to the
schedule identified in 23 CFR 450.322 (-a) shall be subject to the
provisions of this section prior to being submitted to the Department for
consideration as an amendment to the statewide transportation plan. (Sec
:ection VIII.)
4.042.3E Final Plan. Transportation Planning Organizations Regions shall
provide the final RTP to the Department through the Division of'
Transportation Development.
4.04.2.4d, Final Plan Review. Upon receipt of the final RTP, the Department
will initiate its review and schedule the STAC review, (pursuant to these
Rules section V aA 3 I);of the final RTPs to determine if the plans
incorporate the elements required by the Rules. If the Department
determines that a final RTP is not complete, including if the final RTP
does not incorporate the elements required by ;ection VI C of these
Rules, then the Department will not integrate that RTP into the statewide
plan until the Transportation Planning Organization Region has
sufficiently revised that RTP, as determined by the Department with
advice from the STAC. The Department will provide its comments and
STAC comments to the Transportation Planning RegionOrfanization
within a minimum of thirty-30 days of receiving the final RTP.
Transportation Planning Organizations Regions shall submit any RTP
revisions based on comments from the Department and STAC review
within thirty 30 days of the Department's provision of such comments.
Regional transportation plans in metropolitan areas completed pursuant to
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the schedule identified in 23 CFR 450.322 (a) shall be subject to the
provisions of this section prior to being submitted to the Department for
consideration as an amendment to the statewide transportation plan. (See
.;cction VIII.)
D.4.0.5 Maintenance anti Non-attainment Areas. The Transportation Planning Region (TPR)
shall include in the regional RTP, or RTP amendment, a section that:
4.05.1.. Identifies any area within the TPR_considered to be an air quality at risk
area that is designated as a maintenance or ENon-attainment area.
4.05.2. Addresses, in either a qualitative or quantitative manner, whether
transportation related emissions associated with the pollutant of concern in the
TPR are expected to increase over the long-range planning period; and, if so. what
effect that increase might have in causing an at risk area or a maintenance area to
become HNon-attainment, or a nNon-attainment area to exceed its emission
budget in the approved State Implementation Plan.
4.05.3- If transportation related emissions associated with the pollutant are
expected to increase over the long-range planning period, identifies which
programs or measures are included in the RTP to decrease the likelihood of that
area becoming a HNon_attainment area for the pollutant of concern.
4.05.4.- A TIP for an MPO that is in a non-attainment or maintenance area must
first receive a confonnity determination by FII WA and FTA before inclusion in
the STIP pursuant to 23 CFR 450.
&4.06 Statewide Transportation Plan. The Regional Transportation Plans submitted by
the Transportation Planning Organizations Regions shall, along with direction provided
through Transportation Commission policies and guidance, form the basis for developing
and amending the Statewide Transportation Plan. The Statewide Transportation Plan
shall cover a minimum twenty 20-year planning period at the time of adoption and shall
guide the development and implementation of a multimodal transportation system for the
State.
4.06.l-The Statewide Transportation Plan Development development shall:
4.06.1.1a, Integrate and consolidate the RTP's and the Department's systems
planning, pursuant to section VI-B of the Rules, into a fiscally constrained
long-range twenty20-year multimodal transportation plan for that presents
a clear. concise vision for future transportation in Colorado.
4.06.1.2 Include the long-term transportation concerns of the Southern Ute
Indian Tribe and the Ute Mountain Ute Tribe in the development of the
Statewide Transportation Plan.
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4.06.1.3E Coordinate with other state and federal agencies responsible for
land use management, natural resources, environmental protection,
conservation, and historic preservation.
4.06.1.44- Include a discussion of potential environmental mitigation
activities and potential areas to carry out these activities that may have the
greatest potential to restore and maintain the environmental functions
affected by the plan developed in consultation with Ffederal, Sstate, and
Ttribal wildlife, land management and regulatory agencies.
4.06.1.5E Include a comparison of transportation plans to state and tribal
conservation plans or maps and to inventories of natural or historical
resources.
4.06.1.61 Provide for overall multimodal transportation system management
on a statewide basis.
4.06.1.7g, The sStatewide Transportation pPlan shall be coordinated with
metropolitan transportation plans pursuant to 23 CFR Part 450.214 (c)
43-I-1 103 and j43-1-1105, C.R.S.
4.06.2.-Content of the Statewide Transportation Plan. At a minimum, the Statewide
Transportation Plan shall include priorities as identified in the RTP'-s, as identified
in .ection VI C of these Rules and pursuant to federal planning laws and
regulations as amended. The Sstatewidc Transportation pPlan shall be submitted
to the Colorado Transportation Commission for its consideration and approval.
4.06.3. Review and Adoption of the Statewide Transportation Plan
Development
4.06.3.1& The Department will submit a draft Statewide Transportation Plan
to the Commission, the STAC, and all interested parties for review and
comment, The review and comment period will be conducted for a
minimum of 30 days. The publication will be available at public facilities,
such as at the Department headquarters and region offices, state depository
libraries, county offices, TPR offices, Colorado Division offices of the
Colorado Division for the Federal Highway Administration and Federal
Transit Administration, and the internet.
4.06.3.213, The Department will submit the final Statewide Transportation
Plan to the Colorado Transportation Commission for adoption.
VH.5.00 _Updates to Regional and Statewide Transportation Plans
45.01 Plan Update Process. The updates of Regional Transportation Plans and the Statewide
Transportation Plan shall be completed on a periodic basis through the same process
governing development of these plans pursuant to these Section VI of the Rules. The
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update cycle shall comply with federal and state law and be determined in consultation
between with the Transportation Commission, the Department, the STAC and the MPOs
so that the respective updates cycles will coincide.
145.02 Notice by Department of Plan Update Cycle. The Department will notify Transportation
Planning Organizations Regions of the initiation of each plan update cycle, and the
schedule for completion. In TPRs without a Regional Planning Commission, the
Department will notify municipalities and counties of the initiation of each plan update
cycle,the schedule for completion, and the opportunity to establish an RPC for the
purpose of transportation planning.
€5.03 Department Responsibility for Planning in TPRs That Do Not Have a Regional
Planning Commission. If the Department has not received notice of intent to form a RPC
and/or to update the RTP, then the Department will be responsible for statewide
Statewide transportation Transportation Pplan update activities within the TPR, for
consideration in the .;tatewidc Statewide Transportation Planplart, pursuant to § 43-1-
1103 (3) (b), C.R.S.
VI11.6.00 _Amendments to the Regional and Statewide Transportation Plans
4:6.01 Basis for Transportation Plan Amendments.
6.01.1 Between regularly-scheduled updates of Regional Transportation Plans and the
Statewide Transportation Plan, circumstances may alter the results of section VI B,
Transportation Systems Planning upon which these plans are based. Such change in
circumstances may require an addition, deletion, or other change to a Regional
Transportation Plans or the Statewide Transportation Plan.
6.01.2 Updates or amendments to Regional Transportation Plans in metropolitan areas
completed pursuant to the schedule identified in 23 CFR 450.312 (a) shall be submitted
to the Department for consideration as an amendment to the Statewide Transportation
Plan. Such additions, deletions, or changes may require an amendment to the Statewide
Transportation pPlan.
6.01 .3 Amendments to the Regional Transportation Plans and/or the Statewide
Transportation plan-Plan may be necessary to ensure fiscal constraint or to maintain
alignment between Corridor Visions and the implementing strategies. The process and
requirements for plan amendments shall be included in the"Guidebook." The Regional
Transportation Plans and the Statewide Transportation Plan shall be reviewed annually to
determine if there is:
•
b e
2. A need to change to a corridor funding allocation to ensure fiscal
constraint of the Regional and Statewide Transportation Plans.
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3. New funding is received and must be amended into the Regional and/or
Statewide Transportation Plans or anticipated funding falls short of projects and
must be amended out of the Regional and/or Statewide Transportation Plans.
6.01.4 All Amendments to the Statewide Transportation Plan must be approved by the
Transportation Commission.Those amendments approved by the approved by-the
Transportation Commission, shall be deemed to be incorporated into that plan.
11.6.02 Amendment Process
6.02.1-_The process to consider amendments to Regional Transportation Plans;and to
the statewide Statewide Transportation Plan;shall be carried out by Transportation
Planning OrganizationsRegions;and by the Department, respectively, annually, if
necessary. That process shall include an evaluation, review, and approval;by the
respective Regional Planning Commission and the Department provided that nothing in
the Rules shall supersede or constrain the MPO planning process required by 23 U.S.C.
134.
X7.00 -Transportation Improvement Programs (TIPs) and Statewide Transportation
Improvement Program (STIP)
7.01 MPO TIP development shall occur in accordance with 23 CFR 450 Subpart C. The
Department will develop the STIP in accordance with 23 CFR 450 Subpart B, as well as
with the STIP development guidelines, titled Project Priority Programming Process (4P)
Guidelines,as adopted by the Commission.
7.02 The Department will work with its planning partners to coordinate a schedule for
development and adoption of TIPs and the STIP.
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