(1) An applicant may submit an application for noise mitigation measures to be privately funded to the department at any time in accordance with the application procedures established by the transportation commission by rule. (2) An application for privately funded noise mitigation measures shall: (a) Be accompanied by a petition signed by no less than seventy-five percent of the resident homeowners in an eligible area whose homes are located no more than four-tenths of one mile from the nearest edge of the right-of-way of the state highway; (b) Specify the source 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) (a) The department shall consider an application for noise mitigation measures made pursuant to this section within three months after the application is received. (b) The department shall approve an application for noise mitigation measures that meets the requirements of this section. The applicant may construct noise mitigation measures approved by the department. (c) Noise mitigation measures constructed in accordance with this section shall: (I) Comply with applicable rules and procedural directives of the department and the transportation commission; (II) Meet the noise reduction standards established by the department; (III) Be compatible with any existing noise mitigation measures in the eligible area; and (IV) Comply with the zoning and building requirements established by a local government in the eligible area. (4) Noise mitigation measures approved pursuant to this section may be constructed in the state highway right-of-way with the approval of the department or on private land. The department may sell at fair-market value or grant an easement to any land in the state highway right-of-way for the purpose of constructing noise mitigation measures approved in accordance with this section, subject to the provisions of section 43-1-210 (5). (5) The applicant shall be responsible for the maintenance of the noise mitigation measures constructed in accordance with this section.
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