Notwithstanding the existence of any right of vehicle access to or from a state highway in favor of an abutting owner, the department of transportation may prohibit vehicle access via any street, road or driveway to or from abutting properties unless the owner applies for a permit and paves the highway right-of-way between the access opening and the paved portion of the highway pursuant to §§ 264-6 to 264-11. Access to or from abutting property via any street, road or driveway which is in use on April 16, 1971 shall not be affected by this section.