Colorado Code § 43-2-110

Selection by county - notice - secondary system
Open in Lexace · Ask the AI about this section
(1) The initial selection of
the county road system shall be done in the following manner:
(a) The board of county commissioners of each county shall cause a map to be prepared
showing each road in the county primary and secondary system and designating each primary
road by appropriate number, and said board shall cause notice of intention to adopt said map as
the official map of such system to be given, which notice shall specify the time and place at
which all interested persons will be heard. Such notice of intention shall be published once a
week for at least two successive weeks preceding the date of such hearing in a newspaper of
general circulation in the county.
(b) After such hearing, the board of county commissioners shall adopt such map, with
any changes or revisions deemed by it to be advisable, as the official map of the road system of
the county.
(1.5) The board of county commissioners of any county with a population of two
hundred fifty thousand or more may designate as a primary road any four-lane controlled-access
county highway, the construction of which commences in 2016, that is located within the
unincorporated area of the county and that intersects with an interstate highway or a United
States numbered highway. If a city or an incorporated town subsequently annexes any portion of
a highway that has been designated as a primary road, the respective jurisdiction, control, and
duty of the county and of the city or incorporated town with respect to the highway is as follows:
(a) The city or incorporated town shall exercise full responsibility for and control over
the highway beyond and including the curbs and, if no curb is installed, beyond the traveled way,
its contiguous shoulders, and appurtenances.
(b) The county has the authority to grant or deny access to the highway and to roughed-
in roads, as defined in section 42-1-102 (85.5), and to establish weight restrictions for vehicles
traveling on the highway as authorized by section 42-4-106 (1), (2), and (3)(b).
(c) The county has the authority to prohibit the suspension of signs, banners, or
decorations above the portion of the highway between the curbs or, if the highway does not have
curbs, between the portion of the highway used for vehicular travel up to a vertical height of
twenty feet above the surface of the highway.
(d) The city or incorporated town shall maintain all of its underground facilities under
the highway at its own expense and has the right to construct such underground facilities as may
be necessary under the highway.
(e) The city or incorporated town has the right to grant the privilege to open the surface
of the highway, but all resulting damages shall promptly be repaired either by the city or
incorporated town itself or at its direction.
(f) The city or incorporated town shall provide street illumination at its own expense and
shall clean the highway, including storm sewer inlets and catch basins.
(g) The county has the right to utilize all storm sewers on the highway without cost; and
if new storm sewer facilities are necessary in construction of the highway by the county, the
county and the municipality shall bear the cost of the facilities as mutually agreed upon by the
board of county commissioners of the county and the local governing body of the city or
incorporated town.
(h) The city or incorporated town shall regulate and enforce all traffic and parking
restrictions on the portion of the highway that is located within the city or incorporated town.
(i) The county shall erect, control, and maintain at county expense all route markers and
directional signs, except street signs, on the portion of the highway located within the city or
incorporated town.
(j) The county shall install, operate, maintain, and control at county expense all traffic
control signals, signs, and traffic control devices on the portion of the highway located within the
city or incorporated town. No local authority shall erect or maintain any stop sign or traffic
control signal at any location that requires the traffic on the highway to stop before entering or
crossing any intersecting highway unless the local authority first obtains approval in writing
from the county. For the purposes of this paragraph (j), "traffic control device" includes, but is
not limited to, striping, lane-marking, and channelization.
(k) Either the city or incorporated town or the county shall acquire rights-of-way for the
highway as mutually agreed upon. Costs of acquiring the rights-of-way may be the sole expense
of the county or the city or incorporated town, or shared by both, as mutually agreed upon. Title
to all rights-of-way acquired vest in the city or incorporated town, or in the county, according to
the agreement under which the rights-of-way were secured.
(l) The county is authorized to acquire rights-of-way for the highway by purchase, gift,
or condemnation. Any condemnation proceeding shall be conducted in the manner provided by
law for condemnation proceedings to acquire lands required for county highways. Nothing in
this subsection (1.5) abrogates the right of a home rule city to acquire lands for purposes and in
the manner set forth in the charter of the city.
(m) The county may enter into an intergovernmental agreement with a city or
incorporated town located within the county to add to the highway specified roads or streets
annexed by the city or incorporated town before the designation of the highway as a primary
road. Such an agreement must define the respective jurisdiction, control, and duty of the county
and the city or incorporated town with respect to the highway and may modify the division of
such jurisdiction, control, and duty from the division specified in paragraphs (a) to (l) of this
subsection (1.5).
(2) All roads not on the county primary system and for which the boards of county
commissioners assume responsibility shall be the county secondary system.
(3) Nothing in this section shall limit the power of any board of county commissioners to
subsequently include or exclude any road from the county primary system in the same manner
provided for the selection of the initial road system as provided in this section. Where a portion
of a state highway is abandoned and it appears that such abandoned portion is necessary for use
as a public highway, then such abandoned portion shall become a part of the county system upon
the adoption of a resolution to that effect by the board of county commissioners of the county
wherein such abandoned portion is located within ninety days after such abandonment.

‹ Prev All Colorado sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.