Wyoming WYDOT Access Permit (3-WY-e)
WYDOT Access Permit Process
3-WY-e.1 – WYDOT Access Permit Application
The developer must submit an application for an access permit (“application”) to the WYDOT District Engineer having jurisdiction in the area. The District Engineer will only accept applications from individuals, partnerships, corporations, qualified agents or other bodies recognized by law as owning all, or a major interest in the property abutting the highway. In the case of an easement, the party that has been provided the easement must make the application. Rules and Regulations of the Department of Transportation Chapter 13, Section 7(a). The application for an access permit must contain the following information:
- Type of access required;
- A sketch showing sufficient dimensions, clearly indicating the character and extent of the proposed work;
- The location of all existing or proposed buildings, stands, pumps, retaining walls, and other physical features which affect the access location;
- Property lines, dimensions, and existing access;
- All drainage which affects the access location;
- Off street parking locations which may affect access location;
- Proposed access;
- All accesses outside of the property but within 330 feet urban, 660 feet rural of the property line; and
- Radii of proposed accesses.
3-WY-e.2 to 3-WY-e.3 – Does WYDOT Require a Traffic Impact Study?
The WYDOT District Engineer may require a traffic impact study (TIS) as part of the application. A TIS is a study documenting the impact that a type of land use or size of a new access has on the transportation infrastructure. The developer should include a TIS for any access that it contemplates will generate 50 or more peak hour trips. However, the District Engineer may require a TIS at its discretion for any new access. A TIS must include, at minimum: ‘’’Introduction’’’
- A description of the proposed project;
- The location of the project:
- A site plan including all existing and proposed access points to the highway, all accesses across the highway from the site, and all accesses within 660 feet of the site;
- A water drainage plan;
- An internal circulation network including any proposed construction phasing; and
- A project sponsor and contact person.
- Data and analysis applying to motorized and non-motorized traffic;
- A description of traffic volumes – average daily traffic (ADT) and design hourly volume (DHV);
- A roadway functional classification;
- Existing traffic control, including signal phasing and coordination if appropriate;
- Facility or internal site geometry;
- Traffic generated by approved developments in the area;
- Level of service at appropriate locations;
- Project generated trip distribution and assignment;
- Changes in adjacent land use;
- Traffic volumes (ADT and DHV);
- Turning movement volumes for build out DHV and present volumes for at least four peal hours of a typical day;
- 95th percentile queue lengths. Make sure internal circulation does not cause problems for mainline traffic; and
- An impact analysis.
- A comparison of impacted facility with and without the project;
- Any necessary mitigation measures;
- Person responsible for mitigation;
- A mitigation cost estimate;
- A timetable for mitigation; and
- If a traffic signal is recommended, demonstrate how it fits into the existing network.
- A description of traffic data and how the data was collected;
- A description of the methodologies and assumptions used in the analysis; and
- Any worksheets used in the analysis.
A TIS must be done by, or under the supervision of, a traffic or transportation engineer with a valid Wyoming Professional Engineer’s License. See WYDOT Access Manual.
3-WY-e.4 to 3-WY-e.5 – Review Application Materials for Completeness
The WYDOT District Engineer will review the application for completeness. An application will not be processed until it meets WYDOT requirements. WYDOT Access Manual.
3-WY-e.6 to 3-WY-e.7 – Review Application
The WYDOT District Engineer will normally process the complete application with an approval or denial of the application within four weeks of receipt. The District Engineer will consider factors such as access spacing, sight distance, land use and safety when reviewing the developer’s application. Rules and Regulations of the Department of Transportation Chapter 13, Section 4(a). If the District Engineer approves the application it will issue the WYDOT access permit to the developer. See WYDOT Access Manual.
3-WY-e.8 to 3-WY-e.9 – Does the Developer Seek an Appeal?
If the WYDOT District Engineer denies the developer’s application, the developer may file a notice of appeal of the District Engineer’s decision with the WYDOT Access Review Committee. Rules and Regulations of the Department of Transportation Chapter 13, Section 19. The Access Review Committee consists of the State Lands Management Administrator, the State Highway Safety Engineer, and the State Traffic Engineer. Rules and Regulations of the Department of Transportation Chapter 13, Section 2(d). If the developer chooses not to seek an appeal, the application process ends.
3-WY-e.10 to 3-WY-e.12 – Review the WYDOT District Engineer’s Decision
The WYDOT Access Review Committee must review the WYDOT District Engineer’s decision denying the developer’s application within 60 days after the Access Review Committee receives the appeal. Rules and Regulations of the Department of Transportation Chapter 13, Section 19. If the Access Review Committee approves the developer’s application on appeal, the WYDOT District Engineer must issue the access permit to the developer.
3-WY-e.13 to 3-WY-e.14 – Does the Developer Seek a Formal Hearing?
If the Access Review Committee upholds the District Engineer’s decision denying the application, the developer may submit a petition for a formal hearing with the Wyoming Transportation Commission (WTC). Rules and Regulations of the Department of Transportation Chapter 13, Section 2(d). The WTC governs the activities of WYDOT and it is composed of seven members appointed by the Governor of Wyoming. Wyo. Stat. § 24-2-101. The petition for a formal hearing must contain:
- The name and address of the person requesting a hearing;
- A statement, in ordinary and concise language, of the facts on which the petition is based including, wherever applicable, particular reference to statutory sections, contract provisions, and/or rules, regulations and orders involved; and
- The specific relief sought. Rules and Regulations of the Department of Transportation, Chapter 3, Section 6(a).
3-WY-e.15 – Serve Notice of Formal Hearing on all Parties
The Secretary of the WTC must serve notice of formal hearing on all parties, including the developer, the WYDOT District Engineer, and the WYDOT Access Review Committee. The notice of formal hearing must include:
- The time, place and nature of the hearing;
- The legal authority and jurisdiction under which the hearing is to be held;
- The particular contract provisions, statutes and/or rules and regulations involved; and
- A short and plain statement of the matters asserted. Rules and Regulations of the Department of Transportation, Chapter 3, Section 8(a).
The Secretary of the WTC may serve the notice of formal hearing by hand delivery, mail, or facsimile transmission. Rules and Regulations of the Department of Transportation, Chapter 3, Section 8(b).
3-WY-e.16 to 3-WY-e.18 – Conduct Hearing
The WTC, a Commission Authorized Panel, or a Presiding Officer (WTC, collectively) will conduct the hearing under the contested case procedure set forth in Wyo. Stat. § 16-3-107 and Rules and Regulations of the Department of Transportation, Chapter 3, Section 13. If the WTC rules in favor of the developer, the WYDOT District Engineer must grant the access permit. If the WTC rules against the developer, the project cannot continue.
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- Rules and Regulations of the Department of Transportation, Chapter 3 - Appeals and Hearings
- Rules and Regulations of the Department of Transportation, Chapter 13 - Access Facilities
- Wyo. Stat. § 16-3 - Administrative Procedure
- Wyo. Stat. § 24-2 - Department of Transportation
- Wyo. Stat. § 24-6 - Access Facilities