(1) The department of transportation created in section 43-1-103, C.R.S., in consultation with both the Colorado state patrol created pursuant to section 24-33.5-201, C.R.S., and the division of parks and wildlife created pursuant to section 33-9-104, C.R.S., in the department of natural resources, may establish areas within the public highways of the state as wildlife crossing zones.
(2) (a) If the department of transportation establishes an area within a public highway of the state as a wildlife crossing zone, the department of transportation may erect signs:
Identifying the zone in accordance with the provisions of section 42-4-616; and
Establishing a lower speed limit for the portion of the highway that lies within thezone.
(b) Notwithstanding the provisions of paragraph (a) of this subsection (2) to the contrary, the department of transportation shall not establish a lower speed limit for more than one hundred miles of the public highways of the state that have been established as wildlife crossing zones.
(3) (a) The department of transportation may establish an area within the federal highways of the state as a wildlife crossing zone if the department of transportation receives authorization from the federal government.
(b) If the department of transportation establishes an area within the federal highways of the state as a wildlife crossing zone pursuant to paragraph (a) of this subsection (3), the department of transportation may erect signs:
Identifying the zone in accordance with the provisions of section 42-4-616; and
Establishing a lower speed limit for the portion of the highway that lies within thezone.
If the department of transportation erects a new wildlife crossing zone sign pursuantto subsection (2) or (3) of this section, it shall ensure that the sign indicates, in conformity with the state traffic control manual, that increased traffic penalties are in effect within the wildlife crossing zone. For the purposes of this section, it shall be sufficient that the sign states "increased penalties in effect".
In establishing a lower speed limit within a wildlife crossing zone, the department oftransportation shall give due consideration to factors including, but not limited to, the following:
The percentage of traffic accidents that occur within the area that involve the presence of wildlife on the public highway;
The relative levels of traffic congestion and mobility in the area; and
The relative numbers of traffic accidents that occur within the area during the daytime and evening hours and involve the presence of wildlife on the public highway.
As used in this section, unless the context otherwise requires, "wildlife" shall havethe same meaning as "big game" as set forth in section 33-1-102 (2), C.R.S.
Repealed.
Notwithstanding any other provision of this section, the department of transportationshall not establish any area of any interstate highway as a wildlife crossing zone.
Source: L. 2010: Entire section added, (HB 10-1238), ch. 393, p. 1866, § 1, effective September 1.
Editor's note: Subsection (7)(b) provided for the repeal of subsection (7), effective March 2, 2012. (See L. 2010, p. 1866.)