The purpose of this article is to promote the public safety, welfare and convenience by easing congestion on the public highways through a system of standards and regulations for limiting access to public highways and establishing setbacks from the highway right-of-way.
No structure shall be erected, constructed or moved within the setback lines established in this chapter, nor shall more frequent access points be permitted than allowed in this article along any class of highway described in § 625-149.
The following structures and signs may be placed between the setback lines and the adjacent highway:
A. 
Open fences that do not hinder visibility.
B. 
Telephone, communications and power transmission lines, together with all attachments.
C. 
Wastewater and water distribution systems and similar utilities.
D. 
Wells, septic tanks and similar structures.
E. 
Frontage and service roads constructed according to plans approved by the jurisdiction having authority over the highway.
F. 
Signs, as regulated by Article XXVII (Signs).
G. 
Unless otherwise prohibited in § 625-150, trees, shrubbery and field crops.
H. 
Where buildings are proposed to be erected between existing buildings less than 150 feet apart, the proposed building may be constructed at a setback no less than the average setback of the adjacent buildings on either side of the proposed building.
A. 
Class A highways. All federal or state highways that are defined as limited access and/or four-lane divided highways are designated as Class A highways.
(1) 
Setbacks. The setback for all structures for a Class A highway shall be 150 feet from the center line or 100 feet from the right-of-way line, whichever is greater.
(2) 
Access driveways. There shall be no direct access to Class A highways.
B. 
Class B highways. All federal or state highways not designated as Class A highways are designated Class B highways.
(1) 
Setbacks. The setback for Class B highway shall be 150 feet from the center line or 100 feet from the right-of-way line, whichever is greater.
(2) 
Access driveways. A minimum distance of 500 feet shall be required between access driveways along the same side of a Class B highway.
C. 
Class C highways. All through roads and all major and minor arterial roads that are not designated as Class A or B highways are designated Class C highways. Class C highways may consist of lettered county highways, BIA routes, and town roads.
(1) 
Setbacks. The minimum setback for a Class C highway shall be 63 feet away from the center line or 30 feet from the right-of-way line, whichever is greater.
(2) 
Access driveways. A minimum of one driveway access per 50 feet of road frontage is permitted.
D. 
Class D highways. All roads located within subdivisions and not designated as Class A, B or C highways are designated as Class D highways. Class D highways may consist of BIA routes and town roads.
(1) 
Setbacks. The minimum setback from Class D highways shall be 30 feet from the right-of-way line.
(2) 
Access driveways. There shall be no minimum distance for driveway access along Class D highways.
625 Access Driveways.tif
A. 
At every intersection of two public roads or a public road and a railroad right-of-way there shall be a traffic visibility triangle. Within the triangle, no obstructions such as structures, parking or vegetation shall be allowed between 2.5 feet and 10 feet above the elevation of the roadway.
B. 
Such traffic visibility triangles shall be formed by the intersecting center lines and a line connecting points on the center lines of the intersecting highways or railroad right-of-way at the following distances:
(1) 
On Class A and B highways, 300 feet from the intersecting center lines.
(2) 
On Class C and D highways, 100 feet from the intersecting center lines.
(3) 
On railway right-of-way, 200 feet from the center of the highway along the center of the railroad right-of-way.
625 Traffic Visibility.tif
The following regulations shall apply:
A. 
Access permit. A permit shall be obtained from the jurisdiction having control over the highway prior to issuance of a land use lease.
B. 
Driveway permits. The Department shall process driveway permits.
[Amended 9-15-2022 by Ord. No. 22-41]