I. Purpose The purpose of the Rules is to prescribe the statewide transportation planning process through which a twenty-year, intermodal, comprehensive statewide transportation plan will be developed, updated, and amended by the Colorado Department of Transportation (Department), in cooperation with local governments, Metropolitan Planning Organizations, Regional Planning Commissions, Indian tribes, Federal Highway Administration, Federal Transit Administration, Federal Aviation Administration, U.S. Forest Service, Bureau Of Land Management, Secretary of the Interior, U.S. Park Service, and other federal and state agencies, the private sector, and the general public. This cooperative process is designed to coordinate regional transportation planning, guided by the statewide transportation policy, as a fundamental basis for developing the statewide transportation plan. The result of the statewide transportation planning process shall be a long range, financially feasible, environmentally sound intermodal transportation system plan for Colorado.

Further, the purpose of the rules is to identify the state's Transportation Planning Regions for which twenty-year Regional Transportation Plans are developed, and prescribe the process for conducting initiating transportation planning in these regions. In addition, the purpose of the rules is to describe the organization and function of the Statewide Transportation Advisory Committee (STAC). The rules are being promulgated to meet the intent of both the U.S. Congress and the Colorado General Assembly for developing an ongoing, comprehensive, coordinated planning process to address the transportation problems of the state by producing a statewide transportation plan. This plan will be implemented by systematic project prioritization and selection and budgeting of resources, utilizing a comprehensive input process including provisions pursuant to §43-1-106 8 (a) and (i) Colorado Revised Statutes (C.R.S.) (1991).

The rules are intended to be coordinated with and not be a replacement for the federal transportation planning requirements contained in Title 23 United States Code (U.S.C.) 134 and 135 (1991) and in implementing regulations contained in the certain sections of title 23 Code of Federal Regulations (CFR) Part 450 incorporated herein.

II. Authority/Incorporation The rules are promulgated by the Commission pursuant to the specific statutory authority of §43-1- 1103(5) C.R.S.(1991), and to the general statutory authority of §43-1-101(1)(d)(e) and, §43-1-106(8) (1991), Title 23 U.S.C. 135 (a) and (e) (1991).

B. The Statements of Basis, Specific Statutory Authority, and Purpose for the adoption of the Rules effective October 30, 1992, for the rules as amended June 27, 1994, and for the Rules as amended July 17, 1997, are hereby incorporated by reference, and shall be available for copying or public inspection during regular business hours from the Statewide Planning Manager, Colorado Department Of Transportation, 4201 E. Arkansas Avenue, Denver, Colorado 80222. C. The following federal rules are hereby incorporated into the Rules by this reference: sections 208, 210, 212, 214, 316 (b), 318 (c), 322 (a) & (c), and 324 of Title 23 CFR Part 450 (1993), issued by the Federal Highway Administration.

The Rules do not include amendments to or editions of the incorporated material made after the effective date of the Rules. Copies of the incorporated materials are available for public inspection during regular business hours from the statewide planning manager at the above address. Information concerning how the incorporated material may be obtained or examined will be provided by the statewide planning manager upon request. Any material incorporated by reference into the Rules may also be examined at any state publications depository library. III. Definitions The following definitions shall apply to the Rules:

Air Quality At-Risk Area - an area that has been identified in writing by the Colorado Department of Public Health and Environment and the Department where violations of ambient air quality standards for small particulate matter may be imminent unless increases in emissions in that area are mitigated. Commission - the State Transportation Commission created by §43-1-106, C.R.S. (1991). Corridor Investment Study (CIS) - an element of the transportation planning process that considers a full range of mobility alternatives where the need for a major transportation investment has been identified in a corridor or subarea outside a metropolitan area and determines the most appropriate transportation investment(s) therein.

Department - the Colorado Department of Transportation. Division Director - the Director of the Division of Transportation Development, Colorado Department of Transportation, 4201 E. Arkansas Ave., Denver, Colorado 80222. Fiscally Constrained - the financial limitation on transportation plans based on the projection of federal, state, local and other revenues reasonably expected to be available over the 20 year planning period as adopted by the Commission each six years prior to updating regional and statewide plans. Intergovernmental Agreement - an arrangement made between two or more political subdivisions that form associations for the purpose of promoting the interest and welfare of said subdivisions, as defined in §30-28-105 C.R.S. (1986).

Intermodal - refers to: (1) the provision of connections between different transportation modes; or, (2) a comprehensive view of transportation modes which work together to provide the user with the best choices of service, often used interchangeably with “multimodal.” Major Investment Study (MIS) - an element of the metropolitan transportation planning process that considers a full range of mobility alternatives where the need for a major transportation investment has been identified in a metropolitan area and determines the most appropriate transportation investment(s) therein, as described in Title 23 CFR Part 450.318 (1996). Major Transportation Investment - a high-type highway or transit improvement of substantial cost that is expected to have a significant effect on capacity, traffic flow, level of service, or mode share at the transportation corridor or subarea scale.

Metropolitan Area - is determined by agreement between the MPO and the Governor pursuant to Title 23 U.S.C. §134 (1991).

Metropolitan Planning Organization (MPO) - an organization within the State of Colorado designated by agreement among the units of general purpose local government and the Governor, charged to develop the transportation plans and programs in a metropolitan area pursuant to Title 23 U.S.C. 134 (1991).

Mobility - the ability to move people, goods, and information among various origins and destinations. Multimodal - refers to: (1) all transportation modes individually; or (2) a comprehensive or integrated transportation mode approach, often used interchangeably with “intermodal.” Nonattainment Area - any geographic region of the United States which has been designated as nonattainment under §107 of the Clean Air Act Amendments (CAAA) for any pollutant for which a national ambient air quality standard exists.

Regional Planning Commission (RPC) - the planning body formed under the provisions of §30-28- 105(1), C.R.S. (1986), and designated under section IV-B of the Rules to formulate a Regional Transportation Plan.

Regional Transportation Plan (RTP) - a technically-based, twenty-year plan designed to meet the future mobility needs for a Transportation Planning Region including, but not limited to, anticipated funding, priorities, and implementation plans, pursuant to, but not limited to, §43-1-1103(1) and (2) C.R.S. (1991). Statewide Planning Manager - the person who manages the Statewide Planning Section at the Colorado Department of Transportation, 4201 E. Arkansas Ave., Denver, CO 80222. Statewide Transportation Advisory Committee (STAC) - the committee created by §43-1-1104, C.R.S. (1991), to review Regional Transportation plans, amendments, and updates to the plans, and to advise the Department on the needs of transportation systems in Colorado. Statewide Transportation Improvement Program (STIP) - a staged, financially constrained, multi-year, statewide, intermodal program of transportation projects which is consistent with the statewide transportation plan and planning processes, with metropolitan planning area plans, tips and processes, and which is developed pursuant to Title 23 U.S.C. 135(f) (1991). Statewide Transportation Plan - the twenty-year comprehensive, multimodal statewide transportation plan adopted by the Commission pursuant to the provisions of §43-1-1103(5), C.R.S. (1991). System Continuity - includes, but is not limited to, appropriate intermodal connections, integration with state modal plans, and coordination with neighboring Regional Transportation Plans. Transportation Commonality - the basis on which Transportation Planning Regions are established including, but not limited to: Transportation Commission Districts, the Department's Transportation Regions, travelsheds, watersheds, geographic unity, existing intergovernmental agreements, and socioeconomic unity.

Transportation Improvement Program (TIP) - a staged, financially constrained, multi-year, intermodal program of transportation projects which is consistent with the metropolitan transportation plan, and which is developed pursuant to Title 23 U.S.C. 134(h) (1991). Transportation Mode - a particular form of travel including, but not limited to, motor vehicle, rail, mass transit, aircraft, bicycle, or pedestrian travel.

Transportation Planning Process - all planning-related activities including the development of regional and statewide transportation plans, the Department's project priority programming process, and development of the Transportation Improvement Programs (TIPs) and Statewide Transportation Improvement Program (STIP).

Transportation Planning Organization - refers to either Metropolitan Planning Organizations or Regional Planning Commissions.

Transportation Planning Region (TPR) - a geographically contiguous area of the state, as defined by section IV-A of the Rules, and meeting some, or all, of the criteria for transportation commonality, and within which a regional transportation plan may be developed pursuant to the provisions of §43-1-1102 AND 1103 C.R.S. (1991).

Transportation Systems Planning - a procedure for developing an integrated means of providing adequate facilities for the movement of people, goods, services, and information, involving regional or statewide analysis of transportation needs and the identification of transportation facilities and corridors. Travelshed - the region or area generally served by a major transportation facility, system, or corridor. Urbanized Area - an area with a population of 50,000 or more designated by the Bureau of the Census. Watershed- one of the seven Water Divisions identified by the Division of Water Resources, Department of Natural Resources, State of Colorado, comprising the drainage basin of a major river, and considered in establishing TPR boundaries.

IV. Transportation Planning Regions (TPR)

A. Transportation Planning Region Boundaries Transportation Planning Regions are geographically contiguous areas of the state with similar transportation needs that are determined by considering transportation commonalities. Boundaries are hereby established as follows:

1. The Pikes Peak Area Transportation Planning Region comprised of the Pikes Peak Area Council of Governments' metropolitan area within El Paso and Teller Counties. 2. The Greater Denver Metropolitan Transportation Planning Region comprised of the counties of Adams, Arapaho, Boulder, Clear Creek, Denver, Douglas, Gilpin, and Jefferson, including the Denver Regional Council of Governments' metropolitan area.

3. The North Front Range Transportation Planning Region comprised of the North Front Range Transportation and Air Quality Planning Council's metropolitan area within Larimer and Weld Counties.

4. The Pueblo Area Transportation Planning Region comprised of Pueblo County, including the Pueblo Area Council of Governments' metropolitan area.

5. The Grand Junction/Mesa County Transportation Planning Region comprised of Mesa County, including the Grand Junction/Mesa County Metropolitan Planning Organization's metropolitan area.

6. The Eastern Transportation Planning Region comprised of Cheyenne, Elbert, Kit Carson, Lincoln, Logan, Phillips, Sedgwick, Washington, and Yuma Counties. 7. The Southeast Transportation Planning Region comprised of Baca, Bent, Crowley, Kiowa, Otero, and Prowers Counties.

8. The San Luis Valley Transportation Planning Region comprised of Alamosa, Chaffee, Conejos, Costilla, Mineral, Rio Grande, and Saguache Counties.

9. The Gunnison Valley Transportation Planning Region comprised of Delta, Gunnison, Hinsdale, Montrose, Ouray, and San Miguel Counties.

10. The Southwest Transportation Planning Region comprised of Archuleta, Dolores, La Plata, Montezuma, and San Juan Counties, including the Ute Mountain Ute and Southern Ute Indian Reservations.

11. The Intermountain Transportation Planning Region comprised of Eagle, Garfield, Lake, Pitkin, and Summit Counties.

12. The Northwest Transportation Planning Region comprised of Grand, Jackson, Moffat, Rio Blanco, and Routt Counties.

13. The Upper Front Range Transportation Planning Region comprised of Larimer, Morgan, and Weld Counties, excluding the North Front Range Transportation and Air Quality Planning Council's metropolitan area.

14. The Central Front Range Transportation Planning Region comprised of Custer, El Paso, Fremont, Park, and Teller Counties, excluding the Pikes Peak Area Council of Governments' metropolitan area.

15. The South Central Transportation Planning Region comprised of Huerfano, and Las Animas Counties.

B. Formation of Regional Planning Commissions (RPC)

Municipalities and counties within a non-MPO TPR may elect to form an RPC for the purpose of transportation planning through an intergovernmental agreement, pursuant to §43-1-1103 (1) C.R.S. (1991).

The RPC shall notify the Division Director by letter of the formation of an RPC for the purpose of transportation planning within 30 days of the execution of the intergovernmental agreement or change in membership.

The notification shall include:

1. an executed copy of the intergovernmental agreement. 2. the name of the chairperson, and the mailing address, telephone number, fax number and electronic mail address (if available) of the RPC.

C. Boundary Revision Process TPR boundaries, excluding any MPO-related boundaries, will be reviewed by the Commission prior to each update cycle for regional and statewide transportation planning. The Department will notify counties, municipalities, MPOs, Indian tribes, and RPCs for the TPRs of the boundary review, and will allow sixty days for boundary revision requests. All boundary revision requests shall be sent to the Division Director, and shall include:

1. a geographical description of the proposed boundary change. 2. a statement of justification for the change considering transportation commonalities. 3. a copy of the resolution stating the concurrence of the Regional Planning Commission. 4. the name, title, mailing address, telephone number, and fax number (if available) of the contact person for the requesting party.

The Department will assess all boundary revision requests based on transportation commonalities and make a recommendation to the commission concerning such request. The Commission may initiate a rule-making proceeding under the State Administrative Procedure Act, §24-4-103 C.R.S. (1986), to consider such requests. Requests received for a TPR boundary revision outside of the regularly scheduled boundary review cycle must include the requirements identified above. In the event that the Commission approves a change to the boundary of a TPR that has a Regional Planning Commission, the RPC in each affected TPR shall notify the Department of any changes to the intergovernmental agreement governing the RPC as specified in section IV-B of the Rules. D. Transportation Planning Coordination With MPOs The Department and the MPOs shall coordinate activities related to the development of Regional Transportation Plans, the Statewide Transportation Plan, TIPS and the STIP in conformance with Title 23 U.S.C. 134 and 135 (1991).

E. Transportation Planning Coordination with the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe Regional transportation planning within the Southwest TPR shall be coordinated with the transportation planning activities of the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe. The long-range transportation plans for the Indian reservations shall be integrated and consolidated into the Regional Transportation Plan for this TPR.

V. STATEWIDE Transportation Advisory Committee (STAC)

A. Duties of the Statewide Transportation Advisory Committee (STAC) Pursuant to Title 43-1-1104(2)(1991) the duties of the STAC shall be to meet as necessary; provide advice to the Department on the needs of the transportation system; and review and comment on: 1. Regional Transportation Plans, amendments, and updates as described in section VI-C. 2. Transportation related conflicts which arise between TPRs, or between the Department and a TPR. 3. The integration and consolidation of RTPs into the Statewide Transportation Plan. 4. Colorado's mobility requirements to move people, goods, services, and information by furnishing regional perspectives on transportation problems requiring interregional and/or statewide solutions.

5. Improvements to modal choice, linkages between modes, and transportation system balance and system continuity.

6. Proposed TPR boundary revisions.

B. Notification of Membership Each TPR shall select its representative to the STAC pursuant to §43-1-1104 C.R.S. (1991). The Ute Mountain Ute Tribe and the Southern Ute Indian Tribe may each appoint a non-voting member to the STAC. The Division Director shall be notified in writing of the name, title, mailing address, telephone number, FAX number and electronic mail address (if available) of the STAC representative from each TPR within thirty days of selection..

C. Administration of Statewide Transportation Advisory Committee STAC recommendations on Regional and Statewide Transportation Plans, amendments, and updates shall be documented in the STAC meeting minutes, and will be considered by the Department throughout the statewide transportation planning process.

The STAC shall establish procedures to govern its affairs in the performance of its advisory capacity, including, but not limited to, the appointment of a chairperson and the length of the chairperson's term, and meeting times and locations.

The Division Director will provide support to the STAC, including, but not limited to: 1. Notification of STAC members of meeting dates and agendas. 2. Preparation and distribution of STAC meeting minutes. 3. Allocation of Department staff support for STAC-related activities. VI. Development of Regional and Statewide Transportation Plans Transportation planning organizations, and the Department, shall comply with all applicable provisions of the certain sections of Title 23 CFR Part 450 that are incorporated by reference herein (see section II above) in their development of regional and statewide plans, respectively. A. Public Participation Transportation Planning Organizations and the Department shall provide the opportunity for public participation in the transportation planning process. The process shall be proactive and provide complete information, timely public notice, full public access to key decisions, and opportunities for early and continuing involvement. The objectives of public participation in the transportation planning process include: providing a mechanism for public perspectives, needs, and ideas to be incorporated in the planning process; developing the public's understanding of the problems and opportunities facing the transportation system; demonstrating explicit consideration and response to public input; and developing consensus on plans.

1. Statewide Plans and Programs Pursuant to 23 C.F.R. 450.210 and 450.212 (1996), the Department is responsible, in cooperation with the Transportation Planning Organizations, for carrying out public participation for developing, amending, and updating the statewide transportation plan, the Statewide Transportation Improvement Program (STIP), and other statewide transportation planning activities.

2. MPO Plans and Programs Pursuant to Title 23 CFR Part 450.316 (b) (1993), the MPOs are responsible for carrying out public participation for the development of regional transportation plans, transportation improvement programs and other related regional transportation planning activities for their respective metropolitan areas. Public participation activities carried out in a metropolitan area in response to metropolitan planning requirements in title 23 CFR part 450.322 (c) or 450.324 (c) may by agreement of the Department and the MPO, satisfy the requirements of this subsection. 3. Non-MPO TPRs Regional Planning Commissions for Non-MPO TPRs are responsible for public participation related to regional planning activities in that TPR, in cooperation with the Department, as provided in Title 23 CFR Part 450.212 (1993). Specific areas of cooperation shall be determined by agreement between the regional planning commission and the Department. 4. Public participation activities, at both the regional and statewide level shall include, at a minimum: a. Establishing and maintaining for the geographic area of responsibility a mailing list of all known parties interested in transportation planning including, but not limited to: elected officials; municipal and county planning staffs; affected public agencies; local, state, and federal agencies eligible for federal and state transportation funds; local representatives of transportation agency employees; transportation providers; private industry; environmental and other interest groups; Indian tribal governments and the U.S. Secretary of the Interior when tribal lands are involved; and members of the general public expressing such interest in the transportation planning process. b. Providing reasonable notice and opportunity to comment to those persons on the transportation mailing list of upcoming transportation planning-related activities and meetings.

c. Utilizing reasonably available media opportunities to provide timely notices of planning-related activities and meetings to members of the general public. d. Seeking out those persons or groups that may be under-served by existing transportation systems, for the purposes of exchanging information, increasing their involvement, and considering their transportation needs in the transportation planning process. e. Periodically reviewing the effectiveness of the public involvement process to ensure that the process provides full and open access to all members of the public, and revising the process as necessary.

f. Holding at least one public meeting, open forum, or open house (as appropriate) in each applicable TPR for each of the following:

(1) Initiating the transportation planning process prior to plan development and updates, including review and comment on existing or proposed state transportation policy. (2) Review and comment on the draft statewide and regional transportation plans, amendments, and updates.

(3) Review and comment on the draft Statewide Transportation Improvement Program (STIP). The Department, in cooperation with the Transportation Planning Organizations, shall conduct appropriate public participation activities in all areas of the state.

g. Providing reasonable public access to, and appropriate opportunities for public review and comment on criteria, standards, and other planning-related information used in the development of transportation plans, and the STIP.

5. Documentation of responses to significant issues. The Transportation Planning Organizations and the Department shall respond in writing to all significant issues raised during the review and comment period on transportation plans, and make these responses available to the public. The inclusion or exclusion of projects in an emissions analysis shall be considered a significant issue. B. Transportation Systems Planning Transportation Planning Organizations, and the Department, shall use an intermodal transportation systems planning approach in developing and updating the twenty-year Regional Transportation Plans, the twenty-year Statewide Transportation Plan. Transportation Planning Organizations shall have flexibility in the methods selected for transportation systems planning based on the complexity of transportation problems and available resources within the TPR. The Department will provide assistance to Transportation Planning Organizations regarding the selection of appropriate methods. 1. Transportation system planning factors to be considered by Transportation Planning Organizations and the Department during their respective transportation systems planning shall be included, at a minimum, the factors described IN §43-1-1103 (5) C.R.S. (1991), and in Title 23 U.S.C. 134 (f) and 135 (c) (1991).

2. Transportation systems planning by Transportation Planning Organizations and the Department shall consider the results of any major investment studies and corridor investment studies that have been completed. Transportation Planning Organizations and the Department may also identify any corridor(s) or subarea(s) where an MIS or CIS may need to be performed in the future. C. Regional Transportation Plans (RTP)

1. Content of Regional Transportation Plans Each RTP shall include at a minimum, the following elements: a. Transportation system facility and service requirements of the TPR over a twenty-year planning period to meet expected demand, and the anticipated capital and operating cost for these facilities and services (preferred plan).

b. The fiscally constrained twenty-year intermodal transportation plan based on revenues reasonably expected to be available over the twenty-year period. c. Analysis of the planning factors referenced in section VI-B above, upon which the transportation facility and service requirements and the fiscally constrained plan are based.

d. An assessment of social, environmental, energy, and economic impacts of the fiscally constrained plan on the TPR.

e. Identification of the results of completed major investment studies or corridor investment studies, including the estimated costs of implementation. f. Prioritization of projects in the regional transportation plan. g. A funding plan identifying resources for implementing the fiscally constrained plan over the twenty-year period, based on regional priorities.

h. Documentation of the public notification and public participation process pursuant to section VI-A of the Rules.

i. A resolution of adoption by the transportation planning organization. 2. Products and reviews a. Draft Plan. Transportation Planning Organizations shall provide a draft of the RTP to the Department no later than July 1, 1999, or in metropolitan areas the latest adopted version, and on every 6th anniversary thereafter (i.e., 2005, 2011, etc.) unless provided for by resolution of the Commission.

b. Draft Plan Review. Upon receipt of the draft RTPs, the Department will initiate its review and schedule the STAC review (pursuant to section V-A-3). The Department will provide its comments and STAC comments to the Transportation Planning Organization within sixty days of receiving the draft RTP. Regional transportation plans in metropolitan areas completed pursuant to the schedule identified in Title 23 CFR 450.322 (a) shall be subject to the provisions of this section prior to being submitted to the Department for consideration as an amendment to the statewide transportation plan. (See section VIII.) c. Final Plan. Transportation Planning Organizations shall provide the final RTP to the Department no later than November 1, 1999, or in metropolitan areas the latest adopted version, and on every 6th anniversary thereafter, unless provided for by resolution of the Commission (i.e., 2005, 2011, etc.).

d. Final Plan Review. Upon receipt of the final RTP, the Department will initiate its review and schedule the STAC review, (pursuant to section V-a-3), of the final RTPs to determine if the plans incorporate the elements required by the Rules. If the Department determines that a final RTP is not complete, including if the final RTP does not incorporate the elements required by section VI-C of the Rules, then the Department will not integrate that RTP into the statewide plan until the Transportation Planning Organization has sufficiently revised that RTP, as determined by the Department with advice from the STAC. The Department will provide its comments and STAC comments to the Transportation Planning Organization within forty-five days of receiving the final RTP. Transportation Planning Organizations shall submit any RTP revisions based on comments from the Department and STAC review within thirty days of the Department's provision of such comments. Regional transportation plans in metropolitan areas completed pursuant to the schedule identified in Title 23 CFR 450.322 (a) shall be subject to the provisions of this section prior to being submitted to the Department for consideration as an amendment to the statewide transportation plan. (See section VIII.) D. Air Quality At-Risk Areas The Transportation Planning Region (TPR) shall include in the regional RTP, or RTP amendment, a section that:

1. Identifies any area within the TPR considered to be an air quality at-risk area. 2. Addresses, in either a qualitative or quantitative manner, whether small particulate matter in the TPR is expected to increase over the twenty year planning period; and, 3. If small particulate matter is expected to increase over the twenty year planning period, identifies which measures are included in the RTP to decrease the likelihood of that area becoming a nonattainment area for small particulate matter.

E. Statewide Transportation Plan The Regional Transportation Plans submitted by the Transportation Planning Organizations shall form the basis for developing and amending the Statewide Transportation Plan. The Statewide Transportation Plan shall cover a twenty year planning period.

1. The Statewide Transportation Plan shall:

a. Integrate and consolidate the RTP and the Department's systems planning, pursuant to section VI-C of the Rules, into a fiscally constrained twenty-year multimodal transportation plan for Colorado.

b. Include the long-term transportation concerns of the Southern Ute Indian Tribe and the Ute Mountain Ute Tribe in the development of the Statewide Transportation Plan. c. Coordinate with other state and federal agencies with long-range plans that have transportation implications.

d. Provide for overall transportation system management on a statewide basis. e. The statewide plan shall be coordinated with metropolitan transportation plans pursuant to Title 23 CFR Part 450.214 (c)(1) (1996) and Title 43-1-1105 C.R.S. 2. Content of the Statewide Transportation Plan At a minimum, the Statewide Transportation Plan shall have the same content as the RTP, as identified in section VI-C of the Rules. The statewide plan shall be submitted to the commission for its consideration and approval.

3. Schedule for Statewide Transportation Plan Development The Department will submit a statewide Transportation Plan to the Commission for consideration and action by January 1, 2001 and on every 6th anniversary thereafter, unless provided for by resolution of the Commission (i.e., 2007, 2013, etc.).

VII. Updates to Regional and Statewide Transportation Plans A. Plan Update Process The updates of Regional Transportation Plans and the Statewide Transportation Plan shall be completed on a periodic basis through the same process governing development of these plans pursuant to Section VI of the Rules.

B. Notice by Department of Plan Update Cycle The Department will notify Transportation Planning Organizations by mail of the initiation of each plan update cycle, and the schedule for completion. In TPRs without a Regional Planning Commission, the Department will notify municipalities and counties by mail of the initiation of each plan update cycle the schedule for completion, and the opportunity to establish an RPC for the purpose of transportation planning.

C. Notice from RPCs of Intent to Update a RTP 1. Municipalities and counties within TPRs without an existing RPC shall inform the Division Director by mail within 45 days of notification of the plan update cycle of their intent to form an RPC for the purpose of producing an RTP. The formation of an RPC shall be accomplished through intergovernmental agreement as identified in Section IV-B of the Rules. 2. Within TPRs with existing RPCs, the RPC shall respond within 45 days of receiving the Department's plan update notice whether they intend to update their RTP. The Department shall consider the transportation needs for any TPR whose RPC chooses not to update its RTP. D. Department Responsibility for Planning in TPRs That Do Not Have a Regional Planning Commission If the Department has not received notice of intent to form a RPC and/or to update the RTP within the 45 day period described in Section VII-C, then the Department will be responsible for statewide transportation plan update activities within the TPR, for consideration in the statewide plan, pursuant to §43-1-1103 (3) (b) C.R.S. (1991).

VIII. Amendments to the Regional and Statewide Transportation Plans A. Basis for Transportation Plan Amendments Between regularly-scheduled updates of Regional Transportation Plans and the Statewide Transportation Plan, circumstances may alter the results of section VI-B, transportation systems planning factors, upon which these plans are based. Such change in circumstances may require an addition, deletion, or other change to a Regional Transportation Plans or the Statewide Transportation Plan. Updates to Regional Transportation Plans in metropolitan areas completed pursuant to the schedule identified in Title 23 CFR 450.322 (a) shall be submitted to the Department for consideration as an amendment to the Statewide Transportation Plan. Such additions, deletions, or changes shall require an amendment to the Regional Transportation Plans or the Statewide Transportation Plan based on any one of the following criteria: 1. New project 2. Significant change in scope 3. Amendment allows a project to be directly eligible for the STIP 4. Result of Major Investment Study or Corridor Investment Study 5. Update of a Regional Transportation Plan in a metropolitan area pursuant to the schedule identified in Title 23 CFR 450.322 (a)

B. Amendment Process 1. The process to consider amendments to Regional Transportation Plans, and to the statewide Transportation Plan, shall be carried out by Transportation Planning Organizations, and by the Department, respectively. That process shall include an evaluation, review, and approval, provided that nothing in the Rules shall supersede or constrain the MPO planning process required by Title 23 U.S.C. 134 (1991).

2. Proposed amendments to the statewide plan approved by the transportation commission, shall be deemed to be incorporated into that plan, as appropriate.