(1) No private use of right-of-way of highways under the jurisdiction of the department shall be allowed within and between the access control limits of a controlled access highway except:

(a) the department may approve individual private encroachments within the controlled access right-of-way, with prior concurrence from the Federal Highway Administration;

(b) encroachments within controlled access right-of-way must conform to all department statutes, rules, and design standards; and

(c) the encroachment must be constructed, maintained, and allow removal from the area outside of the access control limits.