R930-6-4. Application

  (1) This rule applies to all state highways within the Department's jurisdiction.

  (2) The Department may issue a conditional access permit and encroachment permit only when the application is found by the Department to be in compliance with this rule. The Department is authorized to impose terms, conditions and limitations as necessary and convenient to meet the requirements of this rule. In no event shall a conditional access permit or encroachment permit be issued or authorized if it is detrimental to the public health, welfare, and safety.

  (3) This rule requires that installation or modification of access facilities to the state highway system be made by permit from the Department. This rule provides a description of information to be contained in the conditional access permit and encroachment permit application, the standards against which the application shall be measured, and the administrative relief offered by the Department to review the balance of private property rights of reasonable access versus the public need to preserve the smooth flow of traffic on the state highway system. The standards, procedures, and requirements of this rule are in addition to other county or municipal land use regulation authority and apply to conditional access permit approvals on the state highway system. Local authorities may adopt similar policies or procedures for application of access management on other street systems.

  (4) If any part or parts of this rule are held to be unlawful, such unlawfulness may not affect the validity of the remaining parts of this rule. Nothing in this rule shall be construed to disqualify the Department from receiving federal participation on any federal-aid highway project.