Rule Chapter 14-97, F.A.C., is being revised to provide better organization and consistency with the State Highway System Access Management Act.

 

DEPARTMENT OF TRANSPORTATION

RULE NO: RULE TITLE
14-97.001: Purpose
14-97.002: Definitions
14-97.003: Access Management Classification System and Standards
14-97.004: Application of Access Management Classification System and Standards
14-97.005: Review and Modification of Classifications
PURPOSE AND EFFECT: Rule Chapter 14-97, F.A.C., is being revised to provide better organization and consistency with the State Highway System Access Management Act.
SUMMARY: Rule Chapter 14-97, F.A.C., is being substantially updated and amended, including revisions to the chapter title, titles of individual rules, revised definitions, and revised tables.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 334.044(2), 335.182, 335.188 FS.
LAW IMPLEMENTED: 334.044(10)(a), 335.18-.188 FS.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Deanna R. Hurt, Assistant General Counsel and Clerk of Agency Proceedings, Florida Department of Transportation, Office of the General Counsel, 605 Suwannee Street, Mail Station 58, Tallahassee, Florida 32399-0458

THE FULL TEXT OF THE PROPOSED RULE IS:

CHAPTER 14‑97 STATE HIGHWAY SYSTEM ACCESS CONTROL MANAGEMENT CLASSIFICATION SYSTEM AND ACCESS MANAGEMENT STANDARDS

14‑97.001 Purpose.

This rule chapter sets forth adopts an access control classification system and access management standards to implement the State Highway System Access Management Act of 1988 for the regulation and control of vehicular ingress to, and egress from, the State Highway System. The implementation of the access control classification system and access management standards will is intended to protect the public health, safety and general welfare, provide for the mobility of people and goods, and preserve the functional integrity of the State Highway System. All segments of the State Highway System shall be assigned an access classification and standard. The standards shall be the basis for connection permitting and the planning and development of Department construction projects.

Rulemaking Specific Authority 334.044(2), 335.182, 335.188 FS. Law Implemented 334.044(10)(a), 335.18-.188 FS. History–New 2‑13‑91, Amended________.

 

14‑97.002 Definitions.

For the purposes of this rule chapter the following definitions shall apply unless the context clearly shows indicates otherwise:

(1) “Area Type” means one of four specific land use categories reflecting certain land use and intensity characteristics used in specifying the interchange spacing standards for limited access facilities.

(2) “Central Business District (CBD)” means that portion of a municipality in which the dominant existing and projected land use, as documented in the current adopted Local Government Comprehensive Plan, is for intense business and commercial activity. This district is generally characterized by large numbers of pedestrians, on‑street parking, and on‑street truck loading. For the purpose of this rule chapter this term is only applicable for access classification 1 (limited access facilities) within Urbanized Areas.

(3) “Central Business District (CBD) Fringe” means the portion of a municipality immediately outside the Central Business District. This area predominantly exhibits a wide range of business activity with some concentrated residential areas. The area generally exhibits less pedestrian traffic and lower parking turnover than in the Central Business District, however, large parking areas serving the Central Business District might be present. For the purposes of this rule chapter this term is only applicable for Urbanized Areas.

(2)(4) “Central Business District (CBD) and CBD Fringe (Area Type 1)” means the areas contained within a boundary designated as CBD and CBD fringe area type in the adopted MPO Long Range Transportation Plan. For the purpose of this rule chapter this area term is designated as Area Type I and only applies to Access Class applicable for access classification 1, limited access facilities for Urbanized Areas.

(5) “Collector – Distributor System” means a fully access controlled roadway, generally parallel to, and part of, but typically physically separated from the through or mainline lanes of the limited access facility and serving areas adjacent to the limited access facility.

(3)(6) “Connection” means as defined in Section 335.182, F.S. a driveway, street, turnout, or other means of providing for the right of access to or from controlled access facilities on the State Highway System. For the purpose of this rule chapter, two one‑way connections to a property may constitute a single connection.

(4) “Connection Spacing Standard” means the distance between connections, measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.

(5)(7) “Controlled Access Facility” means as defined in Rule 14-96.002, F.A.C. a transportation facility to which access is regulated through the use of a permitting process by the governmental entity having jurisdiction over the facility. Owners or occupants of abutting lands and other persons have a right of access to and from such facility at such points only and in such a manner as may be determined by the permitting authority(ies).

(8) “Corner Clearance” means the distance from an intersection of a public or private road to the nearest connection along a controlled access facility. This distance is measured from the closest edge of pavement of the intersecting road to the closest edge of pavement of the connection measured along the traveled way (through lanes). The projected future edge of pavement of the intersecting road should be used where available in an adopted five year transportation plan. The future edge of the through lane can be used for this measurement when an auxiliary lane will be built.

(6)(9) “Corridor Access Management Plan” means a strategy plan defining site specific access management and traffic control features for a particular roadway segment, developed in coordination with the affected appropriate local government(s) and adopted by the Department in cooperation with the affected appropriate local government(s).

(7)(10) “Department” means the Florida Department of Transportation.

(8)(11) “Directional Median Opening” means as defined in Rule 14-96.002, F.A.C. an opening in a restrictive median which provides for U‑turn only, and/or left‑turn in movements. Directional median openings for two opposing left or “U‑turn” movements along one segment of road are considered one directional median opening.

(9)(12) “Existing Urbanized Areas other than CBD and CBD Fringe (Area Type 2)” means the area between the CBD and CBD Fringe area boundary and the existing Urban Area Boundary for Urbanized Areas as reflected in the MPO Long Range Transportation Plan defined by the US Bureau of Census. For the purpose of this rule chapter, this area term is designated as Area Type 2 and only applies to Access Class applicable for access classification 1, limited access facilities.

(13) “Federal Highway Administration Urban Area Boundary” means the boundary developed by an MPO or local government, concurred in by the Department and approved by FHWA which is the basis for the designation of the Federal‑Aid Highway System. This boundary is an adjustment to the urban boundary as defined by the US Bureau of Census taking into consideration changes in land use densities subsequent to the last official census for a particular area.

(10)(14) “FHWA” means Federal Highway Administration.

(11)(15) “Full Median Opening” means as defined in Rule 14-96.002, F.A.C. an opening in a restrictive median designed to allow all turning movements to take place from both the state highway and the adjacent connection.

(12) “Generally Accepted Professional Practice” means as defined in Rule 14-96.002, F.A.C.

(13) “Governmental Entities” means as set forth in Section 335.188, F.S.

(14)(16) “Intersection” as used in this rule chapter, means an at‑grade connection or crossing of a local road or another state highway with a state highway.

(15)(17) “Limited Access Facility” means as defined in Section 334.03, F.S. a street or highway especially designed for through traffic and over, from, or to which owners or occupants of abutting land or other persons have no right or easement of access, light, air, or view by reason of the fact that their property abuts such limited access facility or for any other reason. The right of access may have been donated by the property owner or purchased by the Department.

(16) “Local Governmental Entity” means as defined in Section 334.03, F.S.

(17) “Median” means as defined in Rule 14-96.002, F.A.C.

(18) “Median Opening Spacing Standard” means the distance between openings in a restrictive median. The distance is measured from centerline to centerline of the openings along the traveled way.

(19)(18) “Metropolitan Planning Organization (MPO)” means is as described defined in Section 339.175(1), F.S.

(19) “Minimum Connection Spacing” means the minimum allowable distance between conforming connections, measured from the closest edge of pavement of the first connection to the closest edge of pavement of the second connection along the edge of the traveled way.

(20) “Minimum Median Opening Spacing” means the minimum allowable spacing between openings in a restrictive median, to allow for crossing the opposing traffic lanes to access property or for crossing the median to travel in the opposite direction (U‑turn). The minimum spacing or distance is measured from centerline to centerline of the openings along the traveled way.

(21) “Minimum Signal Spacing” means the minimum spacing or distance in miles between adjacent traffic signals on a controlled access facility measured from centerline to centerline of the signalized intersections along the traveled way.

(22) “MPO” means the Metropolitan Planning Organization.

(20)(23) “Non‑Restrictive Median” means as defined in Rule 14-96.002, F.A.C. a median or painted centerline which does not provide a physical barrier between center traffic turning lanes or traffic lanes traveling in opposite directions. This includes highways with continuous center turn lanes and undivided highways.

(24) “Permitting Authority” means the Department or any county or municipality or transportation or expressway authority authorized to regulate access to the State Highway System.

(21)(25) “Reasonable Access” means as defined in Rule 14-96.002, F.A.C. the minimum number of connections, direct or indirect, necessary to provide safe ingress and egress to the State Highway System based on the Access Management Classification, projected connection and roadway traffic volumes, and the type and intensity of the land use. The applicant shall be allowed to submit any site specific information which the applicant deems to be pertinent to the Permitting Authority’s review of the connection permit application.

(22)(26) “Restrictive Median” means as defined in Rule 14-96.002, F.A.C. the portion of a divided highway or divided driveway physically separating vehicular traffic traveling in opposite directions. Restrictive medians include physical barriers that prohibit movement of traffic across the median such as a concrete barrier, a raised concrete curb and/or island, and a grassed or a swaled median.

(23)(27) “Rural Areas (Area Type 4)” means the area between the outer boundary of Area Type 3 and the next Area Type 3 outer boundary. For the purpose of this rule chapter, this term this area is designated as Area Type 4 and only applies to Access Class applicable for limited access classification 1 facilities.

(24)(28) “Service Road” means a public or private roadway providing street or road, auxiliary to and normally located parallel to a controlled access facility, which has as its purpose the maintenance of local road continuity and provision of access to parcels adjacent to a the controlled access facility.

(25) “Signal Spacing Standard” means the spacing or distance between adjacent traffic signals on a controlled access facility measured from centerline to centerline of the signalized intersections along the traveled way.

(26)(29) “Significant Change” means as defined in Section 335.182, F.S. a change in the use of the property, including land, structures or facilities, or an expansion of the size of the structures or facilities causing an increase in the trip generation of the property, based on the 4th Edition of the Institute of Transportation Engineers “Trip Generation Manual”, incorporated by reference under Rule 14‑96.005, exceeding 25% more trip generation (either peak hour or daily) and exceeding 100 vehicles per day more than the existing use. Where such additional traffic is projected, the property owner is required to contact the permitting authority to determine if a new permit application and modifications to existing connections will be required. If the permitting authority determines that the increased traffic generated by the property does not require modifications to the existing permitted connections, a new permit application shall not be required.

(27)(30) “State Highway System (SHS)” means the network of limited access and controlled access highways that have been functionally classified and which are under the jurisdiction of the State of Florida as defined in Section 334.03, F.S.

(28)(31) “Transitioning Urbanized Urbanizing Area” means the area between the existing Urbanized Area Boundary and the future projected Urbanized Area Boundary anticipated within the next 20 years as established by the MPO and the Department. For non‑urbanized areas this boundary will be established by the appropriate local government and the Department. These developing transitional areas will include those areas with an existing population between 5,000 and 49,999. For the purpose of this rule chapter, this area term is designated Area Type 3 and only applies to Access Class applicable for access classification 1 limited access facilities.

(29)(32) “Traveled Way” means the portion of roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

(30)(33) “Urban Area” means an area defined by the US Census Bureau as of Census having a population of at least 5,000 at specific urban densities.

(31)(34) “Urbanized Area” means an area defined by the US Census Bureau as of Census, having a population of at least 50,000 at specific urban densities. Such designated areas are required by Federal and State law to have a formal transportation planning process administered by an MPO. The US Bureau of Census urbanized area boundary can be modified, subject to FHWA regulations for the purpose of the transportation planning process.

Rulemaking Specific Authority 334.044(2), 335.182, 335.188 FS. Law Implemented 334.044(10)(a), 335.182, 335.188 FS. History– New 2‑13‑91, Amended________.

 

14‑97.003 Access Control Management Classification System and Access Management Standards.

(1) The following tables contain the access control classification and access management standards to be used in the planning, design, and permitting of connections, and the planning and design of medians, median openings, and signal spacing for roads on the SHS. Classification System and Standards. This section provides a seven classification access management system to be used for all roads on the State Highway System. Single Category I connections, as defined in Rule Chapter 14‑96, F.A.C., with expected peak hour two‑way traffic of five vehicles or less may be exempt from the connection spacing requirements of this rule where the proposed connection can be shown, as part of the application process, as not creating a safety or operational hazard. The Department will, to the greatest extent possible, encourages the use of joint access use driveways and service roads. work with local governments to ensure individual residential driveways on State Highways are kept to a minimum. This exemption also means that these minor connections will not be considered in measuring the distance to other connections for their compliance with the spacing standards in this rule chapter. The classification system and standards for each access class are shown on Figures 1 and 2.

FIGURE 1

[Editorial Note: The following table completely replaces Figure 1 “Access Class Classification and Standards Limited Access Facilities Interchanges” published in the Florida Administrative Code.]

Table 1 Access Management Standards for Limited Access Facilities
Access Class	Segment Location	Applicable Interchange Spacing Standard
1.	Area Type 1 CBD & CBD Fringe for Cities in Urbanized Areas	1 Mile
	Area Type 2 Existing Urbanized Areas Other Than Area Type 1	2 Miles
	Area Type 3 Transitioning Urbanized Areas and Urban Areas Other Than Area Type 1 OR 2	3 Miles
	Area Type 4 Rural Areas	6 Miles

 

[Editorial Note: The following table completely replaces Figure 2 “Controlled Access Facilities” published in the Florida Administrative Code.]

Table 2 Access Management Standards for Controlled Access Facilities
Access Class	Median	Median Opening Spacing Standard (feet)		Signal Spacing Standard (feet)	Connection Spacing Standard (feet)
		Full	Directional		Posted Speed Greater than 45 MPH	Posted Speed of 45 MPH or Less
2	Restrictive	2,640	1,320	2,640	1,320	660
3	Restrictive	2,640	1,320	2,640	660	440
4	Non-Restrictive			2,640	660	440
5	Restrictive	2,640 Posted Speed Greater than 45MPH	660	2,640 Posted Speed Greater than 45MPH	440	245
		1,320 Posted Speed of 45 MPH or Less		1,320 Posted Speed of 45 MPH or Less
6	Non-Restrictive			1,320	440	245
7	Both Median Types	660	330	1,320	125	125

The iInterim standards as contained in subsection 14‑97.004(1), F.A.C., shall be used effective for any unclassified all segments of the SHS State Highway System until replaced superseded by an adopted access classification of the highway segment into one of the six controlled access classifications in this rule chapter. Permit applications received after adoption of this rule chapter but before the classification of a highway segment is adopted, shall be reviewed for consistency with the interim standards.

(2) Access Control Classification. The seven access classes are described as follows:

(a) Access Class 1 consists of limited access facilities, which roadways do not provide direct property connections. These roadways provide for high speed and high volume traffic movements serving interstate, interregional, and intercity, and, to a lesser degree, intracity, travel needs. Interstate highways and Florida’s Turnpike are typical of this class. The interchange spacing standards, based on the Area Type the highway is passing through, are for the through lanes or main line of the facility. New interchanges to Access Class 1 facilities shall be based on an engineering analysis of the operation and safety of the system. These interchanges can only be approved through the interchange justification process. Approval by the Department and FHWA is required before any new interchange is constructed.

(b) Access Classes 2 through 7 consist of controlled access facilities and are arranged from the most restrictive (Access Class 2) to the least restrictive (Access Class 7) class based on development. Generally the roadways serving areas without existing extensive development are classified in the upper portion of the range (Access Class 2, 3, and 4). Those roadways serving areas with existing moderate to extensive development are generally classified in the lower portion of the range (Access Class 5, 6, and 7). The access management standards for each access class are further determined by the posted speed limit.

1. Access Class 2 roadways are highly controlled access facilities distinguished by the ability to serve high speed and high volume traffic over long distances in a safe and efficient manner. This access class is further distinguished by a highly controlled limited number of connections, median openings, and infrequent traffic signals. Segments of the SHS having this classification usually have access restrictions supported by local ordinances and agreements with the Department, and are generally supported by existing or planned service roads.

2. Access Class 3 roadways are controlled access facilities where direct access to abutting land is controlled to maximize the operation of the through traffic movement. The land adjacent to these roadways is generally not extensively developed and/or the probability of significant land use change exists. These roadways are distinguished by existing or planned restrictive medians.

3. Access Class 4 roadways are controlled access facilities where direct access to abutting land is controlled to maximize the operation of the through traffic movement. The land adjacent to these roadways is generally not extensively developed and/or the probability of significant land use change exists. These roadways are distinguished by existing or planned non‑restrictive median treatments.

4. Access Class 5 roadways are controlled access facilities where adjacent land has been extensively developed and where the probability of major land use change is not high. These roadways are distinguished by existing or planned restrictive medians.

5. Access Class 6 roadways are controlled access facilities where adjacent land has been extensively developed, and the probability of major land use change is not high. These roadways are distinguished by existing or planned non‑restrictive medians or centerlines.

6. Access Class 7 roadways are controlled access facilities where adjacent land is generally developed to the maximum feasible intensity and roadway widening potential is limited. This classification shall be assigned only to roadway segments where there is little intent or opportunity to provide high speed travel. Exceptions to access management standards in this access class may be allowed if the landowner substantially reduces the number of connections compared to existing conditions. These roadways can have either restrictive or non‑restrictive medians.

(3) Access Management Standards.

(a) Connection permit applications, submitted pursuant to Rule Chapter 14-96, F.A.C., on controlled access facilities of the State Highway System received after that particular segment of highway has been formally classified according to this rule chapter, shall be reviewed subject to the standards requirements of this rule chapter pursuant to the permit application process of Rule Chapter 14‑96, F.A.C.

(b) Existing lawful connections, median openings, and signals are not required to meet the access management standards. For the purpose of the interim standards and for the assignment of an access classification to a segment of highway by the Department pursuant to Rule 14‑97.004, F.A.C., permitted connections and those unpermitted connections exempted pursuant to Section 335.187(1), F.S., and existing median openings, and signals are not required to meet the interim standards or the standards of the assigned classification. Existing access management Such features will generally be allowed to remain in place, but. These features shall be brought into reasonable conformance with access management the standards when significant change occurs of the assigned classification or the interim standards where new connection permits are granted for significant changes in property use, or as changes to the roadway design allow. Applicants issued permits based on the interim standards as set forth in Rule 14‑97.004, F.A.C., shall not have to reapply for a new permit after formal classification of the roadway segment unless significant change pursuant to Rule Chapter 14‑96 and Rule 14‑97.002, F.A.C., has occurred.

(c) A property that cannot meet be permitted access consistent with the access management interim standards for a connection, as set forth herein, is eligible to be permitted by the Department for a single connection pursuant to Rule Chapter 14-96, F.A.C., where there is no other reasonable access to the SHS and the connection will not create a safety or operational hazard in Rule 14‑97.004, F.A.C., or connection spacing standards of the classification assigned to that particular segment of highway and which has no reasonable access to the State Highway System, either directly or indirectly, as determined pursuant to the connection permit process, as defined in Rule Chapter 14‑96, F.A.C., shall be issued a conforming permit by the Department or permitting authority for a single connection pursuant to Rule Chapter 14‑96, F.A.C. If additional connections are requested and approved they shall be considered non‑conforming and shall contain restrictions pursuant to Rule Chapter 14‑96, F.A.C.

(d) Access class standards represent minimums for each access class. A more detailed, segment specific classification may be enacted by the Department in cooperation with the appropriate local government entities through the adoption of individual Corridor Access Management Plans pursuant to subsection 14‑97.004(5), F.A.C.

(d)(e) The minimum connection and median opening spacings specified in this rule may not be adequate in some cases. Greater distances between connections and median openings will may be required by the Department where necessary to meet operational Permitting Authority to provide sufficient site‑specific traffic operations and safety requirements. In these such instances, the Department Permitting Authority shall make such determination document, as part of the response to an application submitted pursuant to Rule Chapter 14‑96, a justification based on generally accepted professional practice standards traffic engineering principles as to why such greater distances are required.

(f) When a full median opening or non‑restrictive median is reconstructed by the Department to allow for opposing left or U‑turns only, these openings shall be considered as one opening.

(e)(g) Adjacent properties under common the same ownership shall not be considered as separate properties for the purpose of the standards associated with the access class of the highway segment but shall be deemed to be one parcel for purposes of this rule. Persons Applicants requesting connections for one or more adjacent properties under common the same ownership may, however, as a part of the Rule Chapter 14-96, F.A.C., permit application process, request that the properties be considered individually for connection permitting purposes. Such requests shall be included as part of the permit application and shall provide specific analyses and justification of potential safety and operational hazards, associated with the compatibility of the volume, type or characteristics of the traffic using the connection. Such properties and single ownership properties with frontage exceeding the minimum standards of the assigned access class may not be permitted, pursuant to the permit application process in Rule Chapter 14‑96, F.A.C., the maximum number of connections, median openings, or signals possible based on the spacing standards. The total number of connections permitted will be the minimum number necessary to provide reasonable access. A Lease hold interests existing prior to the effective date of this rule chapter or a bonafide contract for sale, a long term lease, or similar document shall constitute be considered as separate ownership from the parent tract for the purpose of this rule chapter, if the sale would not result in common ownership. A connection permit issued based on a contract for sale will be conditioned on transfer of the property to the buyer.

(f)(h) The speed criteria referred to in Table Figure 2, Access Management Standards for Controlled Access Facilities, and in the Iinterim Access Management Sstandards in Table 3, means the posted speed limit at posted for the proposed connection location highway segment at the time of the highway access classification designation.

(g) Corridor Access Management Plans may be adopted by the Department in coordination with local governmental entities. These plans shall be based on an analysis by the Department using generally accepted professional practice standards and will provide corridor specific access management and traffic control features. Before the adoption of such plans, the Department shall notify affected local governments and abutting property owners and shall hold a public meeting, if requested. After consideration of public input, the Department shall, in cooperation with the affected local government, finalize the plan.

(i) Corner clearances for connections shall meet or exceed the minimum connection spacing requirements for the interim standards or for access classifications 2 through 7 where the roadway segment has been assigned a classification. However, a single connection may be placed closer to the intersection as follows: for the circumstances set forth in Rule subparagraph 14‑97.003(1)(i)1., 2., and 3., and pursuant to the permit application process of Rule Chapter 14‑96, F.A.C.

1. If, due to property size, corner clearance standards of this Rule Chapter cannot be met, and where joint access which meets or exceeds the applicable minimum corner clearance standards cannot be obtained with a neighboring property or in the determination of the permitting authority, is not feasible based on conflicting land use or conflicting traffic volumes/characteristics, then the following minimum corner clearance measurements can be used to permit connections. Such properties, for the purpose of this rule chapter will be called “isolated corner properties”.

2. In cases where connections are permitted under the criteria of the following minimum corner clearance measurements, the permit will contain the following additional conditions:

a. There will be no more than one connection per state road frontage.

b. When joint or alternate access which meets or exceeds the applicable minimum corner clearance becomes available, the permittee will close the permitted connection, unless the permittee shows that such closure is not feasible because of conflicting land use or conflicting traffic volumes/ characteristics or existing structures which preclude a change in the existing connection.

3. The minimum corner clearance measurements for these isolated corner properties set forth in 1. above, shall be used for isolated corner properties, as defined in this section, classes 3 through 7, inclusive, defined in subsection 14‑97.003(2), F.A.C. and the interim standards defined in subsection 14‑97.004(1), F.A.C.

4. Corner Clearances for “isolated corner properties” are as follows:

[Editorial Note: The net result will be total deletion the “Corner Clearance at Intersection” table as published in the Florida Administrative Code.]

Corner Clearance at Intersections With Restrictive Median
Position	Access Allowed	Minimum (Feet)
Approaching intersection	Right In/Out	115
Approaching intersection	Right In Only	75
Departing intersection	Right In/Out	230(125)*
Departing intersection	Right Out Only	100
Without Restrictive Median
Position	Access Allowed	Minimum (Feet)
Approaching intersection	Full Access	230(125)*
Approaching intersection	Right In Only**	100
Departing intersection	Full Access	230(125)*
Departing intersection	Right Out Only**	100
*Access Class 7 and Interim “Special Case” at 35 MPH or less, may use the measurements in parenthesis. **Right In/Out, Right In Only, and Right Out Only connections on roads without restrictive medians shall, by design of the connection effectively eliminate unpermitted movements.

(i)(j) Interchange Areas. Connections and median openings on a controlled access facility located up to 1/4 mile from an interchange area or up to the first intersection with an arterial road, whichever distance is less, shall be more stringently regulated to protect the safety and operational efficiency of the SHS, as set forth below: limited access facility and the interchange area.

1. The 1/4 mile distance shall be measured from the end of the taper of the ramp furthest from the interchange.

2.1. With the exception of Access Class 2 facilities with posted speed limits over 45 MPH, tThe distance from the interchange ramp(s) to the first connection shall be at least 660 feet where the posted speed limit is greater than 45 MPH, or at least 440 feet where the posted speed limit is 45 MPH or less. This distance will be measured from the end of the taper for that particular quadrant of the interchange on the controlled access facility. For Access Class 2 facilities with posted speed limits over 45 MPH, the distance to the first connection shall be at least 1,320 feet. A single connection per property not meeting this connection spacing standard shall be provided, pursuant to the connection permit process as defined in Rule Chapter 14‑96, F.A.C., if no reasonable access to the property exists and if permitting authority review of the connection permit application provided by the applicant determines that the connection does not create a safety, operational or weaving hazard pursuant to Rule 14‑96.007, F.A.C. In such cases, applications for more than a single connection shall be examined as non‑conforming connections pursuant to Rule 14‑96.009.

3.2. The standard minimum distance to the first full median opening shall be at least 2,640 1320 feet as measured from the end of the taper of the off egress ramp.

4.3. Greater distances between proposed cConnections and median openings will meeting spacing standards still may not be required permitted in the location requested in the permit application pursuant to Rule 14‑96.007 and the criteria in Rule 14‑96.007, F.A.C., when the Department determines, based on generally accepted professional practice standards traffic engineering principles, that the engineering and traffic information provided in the Rule Chapter 14-96, F.A.C., permit application shows that the safety or operation of the interchange or the limited access highway would be adversely affected.

(j)(k) Traffic signals, meeting signal warrants which are proposed at intervals closer than the access management standard for the designated access class, will for the highway segment shall be considered by the Permitting Authority but shall only be approved where the need for such signal(s) is clearly demonstrated for the safety and operation of the roadway and approved through the signal warrant process highway based on Permitting Authority review of the traffic and signal information provided by the applicant in the connection permit application pursuant to Rule Chapter 14‑96, F.A.C.

(2) Access Class Description and Standards. The access classification system and standards are shown in Figures 1 and 2.

(a) Access Class 1, Limited Access Highways. These highways do not provide direct property connections. Highways in this class provide for efficient and safe high speed and high volume traffic movements, serving interstate, interregional, and intercity, and, to a lesser degree, intracity travel needs. Federal‑Aid Interstate highways and Florida’s Turnpike are typical of this Class. The interchange spacing standards, based on the Area Type the highway is passing through, are for the through lanes or main line of the facility. Interchanges with limited access collector distributor systems do not have to meet these standards, however such connections shall be approved by the Department and FHWA utilizing the Interchange Justification Report Process. In addition to meeting the spacing standards, new interchanges to the Interstate Highway System shall be to other public roads only and warranted based on an engineering analysis of the operation and safety of the system. An Interchange Justification Report pursuant to Section III, Title 23 USC, must be prepared by the applicant and approved by the Department and FHWA prior to any new connections to the Interstate Highway System being constructed.

1. New interchange requests must be consistent, to the maximum extent feasible, with adopted local government comprehensive plans and MPO transportation plans.

2. For proposed new interchanges on the Interstate Highway System, the applicant must update a Department and FHWA approved master plan (if applicable) if the interchange is not part of the plan or if the Department determines that a major change in the land use or traffic has occurred since approval of the master plan. After approval of the master plan update by the Department and FHWA, the applicant must prepare an Interchange Justification Report for concurrence by the Department and approval by FHWA prior to the new interchange being approved.

3. Based on an engineering study, prepared by the applicant, documenting why existing interchanges cannot be utilized, why alternative transportation system improvements are not economically, environmentally or socially acceptable and an analysis of the impact of the proposed new interchange on the safety and operation of adjacent interchanges and the limited access facility. Interchanges not meeting the spacing standards can be considered, however, such interchanges will only be approved by the Department and the Federal Highway Administration if the need for the interchange is clearly demonstrated, alternative transportation system improvements are determined not to be feasible, the use of existing interchanges including improvements to arterial roads leading to the interchange and necessary interchange improvements are shown as not feasible and the addition of the interchange does not cause an operational or safety problem on the limited access facility.

(b) Access Classes 2 through 7, General Description. The Access classes Management Classifications for controlled access highways (Classes 2 through 7) are arranged from the most restrictive (Class 2) to the least restrictive (Class 7). Generally the highways serving areas without existing extensive development or properties without subdivided frontages will be classified at the top of the range (Classes 2, 3, and 4). Those roadways serving areas with existing moderate to extensive development or subdivided properties will generally be classified in the lower classes of the range (Classes 5, 6, and 7). The standards for each class are further defined where the posted speed limit is greater than 45 MPH or where the posted speed limit is 45 MPH or less.

1. Access Class 2. These are highly controlled access facilities distinguished by the ability to serve high speed and high volume traffic over long distances in a safe and efficient manner. These highways are distinguished by a system of existing or planned service roads. This access class is distinguished by a highly controlled limited number of connections, median openings, and infrequent traffic signals. Segments of the State Highway System having this classification usually have the access restrictions supported by local ordinances and agreements with the Department.

2. Access Class 3 roadways. These facilities are controlled access facilities where direct access to abutting land will be controlled to maximize the operation of the through traffic movement. This class will be used where existing land use and roadway sections have not completely built out to the maximum land use or roadway capacity or where the probability of significant land use change in the near future is high. These highways will be distinguished by existing or planned restrictive medians and maximum distance between traffic signals and driveway connections. Local land use planning, zoning and subdivision regulations should be such to support the restrictive spacings of this designation.

3. Access Class 4. These facilities are controlled access highways where direct access to abutting land will be controlled to maximize the operation of the through movement. This class will be used where existing land use and roadway sections have not completely built out to the maximum land use or roadway capacity or where the probability of significant land use change in the near future is high. These highways will be distinguished by existing or planned non‑restrictive median treatments.

4. Access Class 5. This class will be used where existing land use and roadway sections have been built out to a greater extent than those roadway segments classified as Access Classes 3 and 4 and where the probability of major land use change is not as high as those roadway segments classified Access Classes 3 and 4. These highways will be distinguished by existing or planned restrictive medians.

5. Access Class 6. This class will be used where existing land use and roadway sections have been built out to a greater extent than those roadway segments classified as Access Classes 3 and 4 and where the probability of major land use change is not as high as those roadway segments classified Access Classes 3 and 4. These highways will be distinguished by existing or planned non‑restrictive medians or centers.

6. Access Class 7. This class shall only be used in urbanized areas where existing land use and roadway sections are built out to the maximum feasible intensity and where significant land use or roadway widening will be limited. This class shall be assigned only to roadway segments where there is little intended purpose of providing for high speed travel. Access needs, though generally high in those roadway segments, will not compromise the public health, welfare, or safety. Exceptions to standards in this access class will be considered if the applicant’s design changes substantially reduce the number of connections compared to existing conditions. These highways can have either restrictive or non‑restrictive medians.

Rulemaking Specific Authority 334.044(2), 335.182, 335.188 FS. Law Implemented 334.044(10)(a), 335.182, 335.188, 338.001 FS. History–New 2‑13‑91, Amended________.

 

14‑97.004 Interim Application of Access Management Classification System and Standards.

(1) Interim access management standards shall to be applied to unclassified roadways on the SHS, such as when a local government transfers a roadway to the Department to become part of the SHS State Highway System prior to classification. If a roadway segment has not been classified according to this rule the following standards shall be used to carry out the provisions of Section 335.18, F.S., The State Highway System Access Management Act. These standards shall be used by The Department for the review of all connection permit applications received after adoption of this rule chapter until the highway is classified in accordance with this rule chapter. After a roadway highway has been classified pursuant to this rule chapter, the access management standards associated with the designated access control classification shall supersede these interim standards for the classified roadway segment.

Table 3 INTERIM ACCESS MANAGEMENT STANDARDS
	Posted Speed (MPH)	Minimum Connection Spacing Standard (Feet)	Minimum Median Opening Spacing Standard (Feet)		Minimum Signal Spacing (Miles)
			Full (Miles)	Directional (Feet)
	35 or less (Special Case)	125	0.125	330	0.25
	35 or less	245	1,320 0.25	660	0.25
	36 to 45	440	1,320 0.25	660	0.25
	Over 45	660	1,320 0.5	1320	0.25

(a) The 35 MPH or less (Special case) standards shall be used only where current connection development averages at least 50 connections per mile on the side of the highway for which the connection is requested, based on actual count of connections 1/4 mile in each direction (total 1/2 mile) from the proposed connection.

(b) The implementation of the interim standards shall be consistent with the provisions of subsection 14‑97.003(1), F.A.C.

(2) Coordination with Local Government Comprehensive Planning and Land Development Regulation. Local land use planning and regulation decisions must be considered in the access management classification process. Such decisions can impact on the Department’s ability to meet the access standards assigned to a particular segment of highway. Effective access management must not only involve access permitting, but should also be coordinated with local government land use planning, development and subdivision regulation activities. The application of the access management classification system and standards and the assignment of an access control classification to all segments of the SHS State Highway System shall be the responsibility of the Department. The Department shall provide adequate notice by publication in a newspaper of general circulation of proposed access control classification and shall coordinate with and consider the comments and concerns of the affected governmental entities local governments before assigning a final access control classification to a roadway segment. The Department will shall hold public meetings, if requested hearing(s) as set out in subsection 14‑97.004(4), F.A.C., below to seek comment before input into the assigned classifications prior to the final access classification of a roadway segment assignment. Upon assignment of access control classification, the Department will provide notice to affected governmental entities. After the public hearing, local governments shall receive notification of the access classifications assigned to each segment of the State Highway System and shall be asked to coordinate land use planning and land development regulation activities with the classification. The access classification shall also apply to local governments or expressway authorities issuing connection permits pursuant to the dual permitting provisions, in Rule 14‑96.013, F.A.C., and the delegation of permit authority provisions of Rule 14‑96.014, F.A.C.

(3) Access Management Class Assignment to Highway Segments. The process to be followed in applying the classification system and standards and assigning a classification to all segments of the State Highway System is as follows:

(a) Defining Segments. The determination of the length and termini of segments shall be the responsibility of the Department working in cooperation with the appropriate local governmental entities.

1. The length and termini of segments of limited access facilities shall be defined by Area Type boundaries by the Department and the Metropolitan Planning Organization for urbanized areas and by the Department and appropriate local governments in urban areas with population between 5,000 and 50,000. Physical characteristics and boundaries will be used rather than imaginary lines.

2. Segments of controlled access facilities shall be defined by the Department in cooperation with local governments. The length and termini of segments shall take into consideration the mobility and access needs of the driving public, the access needs of the existing and proposed land use abutting the segment, and the existing and desired mobility characteristics of the roadway. The number of classification changes occurring along a particular highway shall be minimized to provide highway system continuity, uniformity, and integrity to the maximum extent feasible. The segments shall not necessarily be confined by local jurisdictional boundaries.

(b) Assignment of an Access Classification to All State Highway System Segments.

1. All limited access facilities shall be assigned to Access Management Class 1. Interchange spacing standards for that segment shall be based on the adopted Area Type of the particular highway segment’s location.

2. All controlled access facilities on the State Highway System shall be assigned to one of the Access Management Classes 2 through 7. The assignment of a classification to a specific segment of the State Highway System shall be the responsibility of the Department. The designation shall be made in cooperation with the appropriate governmental entities. This classification decision shall take into consideration the potential for the desired access management classification and standards to be achieved based on existing land use, probability for land use change, adopted future roadway improvements and on the ultimate cross section of the roadway identified in adopted plans. The assignment of a classification shall specifically take into consideration the following factors:

a. The current and potential functional classification of the road;

b. Existing and projected future traffic volumes;

c. Existing and projected state, local and Metropolitan Planning Organization transportation plans and needs (including a consideration of new or improved parallel facilities);

d. Drainage requirements;

e. The character of the lands adjoining the highway (existing and projected);

f. Local land use plans, zoning and land development regulations as set forth in adopted comprehensive plans;

g. The type and volume of traffic requiring access;

h. Other operational aspects of access, including corridor accident history;

i. The availability of reasonable access to a state highway by way of county roads or city streets as an alternative to a connection to the state highway;

j. The cumulative effect of existing and projected connections on the State Highway System=s ability to provide for the safe and efficient movement of people and goods within the state.

(4) The Department shall make an initial access management classification assignment to all segments of the State Highway System. The Department shall coordinate this initial assignment with affected local governments and, to the greatest extent possible, incorporate local government recommendations on the assigned classification and standards. The Department shall advertise all public hearings in a newspaper of general circulation in the affected area at least 10 days prior to the scheduled public hearing. Prior to the assignment of a final classification, the Department shall hold at least one public hearing in each urbanized area and at least one public hearing for the remaining counties in each district to solicit public input. After the public input has been received, the Department shall, in cooperation with the local government finalize any changes to the initial access classification. The Department shall provide notice of its classification in a newspaper of general circulation for the affected area and shall notify all appropriate local governments in writing of this classification determination. All documentation used in determining the classification will be available to the public.

(5) Corridor Access Management Plans may be developed and adopted by the Department in cooperation with the appropriate local governments for specific segments of the State Highway System based on analysis of special circumstances for the particular segment location and adjacent land use. These plans shall be based on an engineering analysis by the Department and will allow for more site specific classifications. Prior to the adoption of such plans, the Department shall notify the local governmental entities and abutting property owners and shall hold a public hearing. After consideration of public input, the Department shall, in cooperation with the affected local government, finalize the plan. Upon adoption of the plan, the Department shall notify affected local government(s). These plans shall specify the highway, termini, and the specific standards for connections, medians, intersections, and signals, that shall apply.

(6) Interchange and Connection Review Process.

(a) Applications for new interchanges on limited access facilities shall be examined for consistency with the spacing standards based on the Area Type the segment is located in. The applicant shall prepare an engineering analysis including consideration of Transportation Systems Management techniques and documenting why existing interchanges cannot be used, including consideration of arterial road and interchange improvements, an analysis of the operation and safety of the interchange with respect to adjacent interchanges and the operation of the mainline and a systems analysis of the impact of the additional traffic generated by the development using the interchange on the operation of the limited access facility. For additional interchanges on the Interstate Highway System, the interchange must be to a public road only and the applicant must update the adopted master plan (if applicable) and prepare an Interchange Justification Report for review and concurrence by the Department and approval by FHWA. For Turnpike or bond funded facilities, additional economic analysis to determine bond feasibility shall also be developed by the applicant. The Department has the responsibility to approve or deny new interchanges on the turnpike or other state (non‑interstate) limited access facilities.

(b) Permit Applications for new or modified connections to controlled access facilities must follow Rule Chapter 14‑96, F.A.C.

Rulemaking Specific Authority 334.044(2), 335.182, 335.188 FS. Law Implemented 334.044(10)(a), 335.188 FS. History–New 2‑13‑91, Amended________.

 

14‑97.005 Review and Modification of Access Control Classifications.

(1) The Department will shall review the access control management classifications for specific segments of the SHS in consideration of the criteria listed State Highway System when a major change in any of the factors noted in Section 335.188, F.S. subsection 14‑97.004(3), F.A.C., have occurred. Roadside development does not, in and of itself, necessarily constitute a reason to lower the access control classification. If reclassification of a roadway segment is necessary,the Department shall, pPrior to the initiation of any change in classification, for a roadway segment(s), the Department shall notify in writing the affected governmental entities regarding the proposed reclassification and publish appropriate local government(s) and owners or occupants of abutting properties. After publishing its intent to reclassify a roadway segment(s) in a local newspaper of general circulation. in the affected area, Tthe Department will shall hold a public meeting in the affected county, if requested, to seek comments on the proposed reclassification hearing on the change(s) in classification in the affected county. The Department shall coordinate with, and will shall take into consideration, any comments or concerns of the affected governmental entities local government and/or members of the public regarding the reclassification those comments received during the public hearing during the analysis of the classification modification(s). The Department will shall notify the affected governmental entities local government(s) in writing of the final determination on the reclassification action(s).

(2) A written request may be made to the appropriate Department District Secretary, that the Department review the access control classification of any specific segment(s) of the SHS State Highway System at any time. Such written request shall specify include specific justification why the change of access control roadway segment classification is sought, and shall indicate the desired access classification, and justification for the access classification change, roadway segment classification and specific justification therefore based on the standards and criteria contained in Section 335.188, F.S., and in this rule chapter subsections 14‑97.003(2) and 14‑97.004(3), F.A.C. The Department shall consider such requests, coordinating with the affected appropriate governmental entities entity(ies), and shall deny the request or publish notice of the Department’s intent to reclassify the roadway segment(s) in a local newspaper of general circulation. If requested, the Department will hold a and shall follow the public meeting hearing requirements in subsection 14‑97.005(1), F.A.C., above.

(3) MPO or local government initiated changes in boundaries of Area Types which affect interchange spacing standards shall become effective when the Department concurs in such changes and notifies the MPO or local government in writing.

Rulemaking Specific Authority 334.044(2), 335.182, 335.188 FS. Law Implemented 334.044(10)(a), 335.182, 335.188 FS. History– New 2‑13‑91, Amended________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Gary Sokolow

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Stephanie C. Kopelousos

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 27, 2009

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 1, 2009