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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

67 Pa. Code § 441.2. Purpose and application.

§ 441.2. Purpose and application.

 (a)  General rule. It is in the public interest to regulate the location, design, construction, maintenance and drainage of access driveways, local roads, and other property within State highway right-of-way for the purpose of security, economy of maintenance, preservation of proper drainage and safe and reasonable access.

 (b)  Other requirements. Issuance of a permit under these regulations does not relieve the permittee from any additional responsibility to secure other Federal, State, or local approvals or permits as may be required by law.

 (c)  Authority. These regulations are made pursuant to the State Highway Law (36 P. S. § §  670-101—670-1102), especially section 420 thereof (36 P. S. §  670-420).

 (d)  Safety requirements. Nothing contained in this chapter is intended to relax existing safety requirements.

Notes of Decisions

   Permittee Required to Obtain All Required Approvals or Permits

   Although the Department of Transportation had authority to approve satisfactory completion of roadwork authorized by its permit, regulations did not confer upon the Department the authority to permit landowner to open and operate a new land use; Township had authority to enforce its zoning ordinance and land development regulations, and had final approval of the land development and issuance of the required certificate of occupancy. Smithfield v. Kessler, 882 A.2d 17, 23 (Pa. Cmwlth. 2005); apeal denied 903 A.2d 539 (Pa. 2006).

   Police Powers

   Although driveway opening on to State highway was established prior to promulgation of these regulations, this regulation could be applied retroactively to reasonably limit ingress and egress since property is held subject to valid police power regulations ‘‘made, and to be made, for the health and comfort of the people.’’ Department of Transportation v. Longo, 510 A.2d 832 (Pa. Cmwlth. 1986); affirmed 518 A.2d 265 (Pa. 1986).

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