Colorado § 43-1-210.5 - Rights-of-way use by adjacent landowners.
Full text of Colorado Colorado Revised Statutes § 43-1-210.5 — Rights-of-way use by adjacent landowners., with citation guidance and answers to common questions.
§ 43-1-210.5. Rights-of-way use by adjacent landowners.
(1) The general assembly hereby finds and declares that the department of transportation controls the use of thousands of acres of rights-of-way in Colorado for highway purposes. The general assembly further finds that, although the primary use of such rights-of-way is for highways, certain rights-of-way could also be used for productive agricultural purposes without reducing the suitability or safety of such rights-of-way for highway purposes and for authorized utility accommodations.
(2) The department of transportation may issue permits to persons who own land adjacent to state highway rights-of-way so that such persons may use such rights-of-way for agricultural purposes. The executive director of the department of transportation, or the director's designee, shall promulgate rules and regulations which describe the terms, conditions, and purposes of such permits. Included in such regulations shall be a definition of adjacent landowner, a description of the types of agricultural uses allowed, the procedure which shall be used to obtain a permit, and any insurance requirements which the executive director finds appropriate. In no event shall a right-of-way permit be entered into which, in the judgment of the department, would not be in the best interests of the state or would be detrimental to the public health, safety, or welfare or in conflict with any applicable federal, state, or local law or for any agricultural purpose which involves irrigation. No right-of-way permit shall authorize the use for agricultural purposes of any median separating traffic lanes on a state highway, or where ownership of the right-of-way is not of public record.
(3) The department of transportation may charge reasonable and necessary fees for the application and approval of any permits authorized by this section.
(4) Prior to obtaining a permit from the department of transportation, the permittee shall show proof of insurance in the amount required by the department. The department of transportation shall not be liable for any property damage or injury which may result from the permitting of right-of-way as provided for in this section.
Source: L. 91: Entire section added, p. 1137, § 1, effective July 1.
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 43-1-210.5
What does Colorado Revised Statutes § 43-1-210.5 cover?
Section 43-1-210.5 ("Rights-of-way use by adjacent landowners.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 43-1-210.5?
A common citation format is "Colorado Revised Statutes § 43-1-210.5" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 43-1-210.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.