AB 422

This bill limits the authority of the Department of Transportation with regard

to any highway setback requirements maintained by DOT. In particular, under the

bill, the authority of DOT is limited in the following ways:

1. A setback area regulated by DOT may not extend more than 50 feet from the

nearest edge of the right-of-way of the highway.

2. Any setback requirements imposed by DOT may regulate only structures

that adversely affect the safety of entrance upon or departure from state trunk or

connecting highways or the preservation of public interest and investment in those

highways.

3. DOT must provide a procedure by which a person affected by setback

requirements may request a variance to a requirement.

4. DOT must provide accurate and current information about its setback

requirements on its website.

Under current law, DOT reviews, and has the right to object to, maps of certain

divisions of land that abut or adjoin state trunk highways or connecting highways

(plats). Currently, DOT reviews a plat to determine whether DOT has any objection

based on the plat failing to comply with the rules of DOT relating to provision for the

safety of entrance upon and departure from the abutting state trunk highways or

connecting highways and for the preservation of the public interest and investment

in such highways. The bill specifies that, as part of DOT's review, DOT must review

the plat for compliance with DOT's requirements regarding variance requests

related to setbacks created in the bill.