Colorado § 43-2-403 - Noise mitigation - privately funded - rules.
Full text of Colorado Colorado Revised Statutes § 43-2-403 — Noise mitigation - privately funded - rules., with citation guidance and answers to common questions.
§ 43-2-403. Noise mitigation - privately funded - rules.
(1) An applicant may submit an application for noise mitigation measures to be privately funded to the department at any time.
(2) An application for privately funded noise mitigation measures shall:
(a) Be accompanied by a petition signed by no less than seventy-five percent of the resident homeowners in an eligible area whose homes are located no more than four-tenths of one mile from the nearest edge of the right-of-way of the state highway;
(b) Specify the source of the moneys necessary to construct the noise mitigation measures; and
(c) Specify which noise mitigation measures the applicant proposes for the eligible area.
(3) (a) The department shall consider an application for noise mitigation measures made pursuant to this section within three months after the application is received.
(b) The department shall approve an application for noise mitigation measures that meets the requirements of this section. The applicant may construct noise mitigation measures approved by the department.
(c) Noise mitigation measures constructed in accordance with this section shall:
(I) Repealed.
(II) Meet the noise reduction standards established by the department;
(III) Be compatible with any existing noise mitigation measures in the eligible area; and
(IV) Comply with the zoning and building requirements established by a local government in the eligible area.
(4) Noise mitigation measures approved pursuant to this section may be constructed in the state highway right-of-way with the approval of the department or on private land. The department may sell at fair-market value or grant an easement to any land in the state highway right-of-way for the purpose of constructing noise mitigation measures approved in accordance with this section, subject to the provisions of section 43-1-210 (5).
(5) The applicant shall be responsible for the maintenance of the noise mitigation measures constructed in accordance with this section.
Source: L. 2006: Entire part added, p. 1257, § 3, effective May 26. L. 2026: (1) amended and (3)(c)(I) repealed, (HB 26-1076), ch. 265, p. 1472, § 19, effective August 12.
Frequently Asked Questions About Colorado § 43-2-403
What does Colorado Revised Statutes § 43-2-403 cover?
Section 43-2-403 ("Noise mitigation - privately funded - rules.") 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 § 43-2-403?
A common citation format is "Colorado Revised Statutes § 43-2-403" (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 § 43-2-403 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.