Current through Register Vol. 46, No. 39, September 25, 2024
Consistent with any franchised right or privilege granted
by any statute, public, private, municipal and State utility facilities will be
permitted to cross or occupy the rights-of-way of highways with no control of
access in accordance with nationally recognized standards and the provisions of
this Part. In case of conflict, the provisions of this Part shall govern. In
situations where unusual conditions or considerations are present that
jeopardize highway safety or highway operation or maintenance, the department
may impose additional construction or placement requirements reasonably
necessary for such condition. In any case where a permit, fee, rental, or a use
and occupancy agreement is required, such must be paid, or be in effect, prior
to entry upon the rights-of-way.
(a)
On highways where posted speeds are greater than 35 mph:
(1) All new or relocated above-ground utility
elements shall be located as near as possible to the rights-of-way line, and
not within the appropriate clear zone, deflection zone or area or the runout
area of guiderail systems. The department may consider exceptions where it is
not reasonably possible to achieve the appropriate clear zone, upon showing
that highway safety is not impaired, and the maintenance and operation of the
highway are not adversely affected. The public or private utility, shall
reimburse the department for additional expenses attributable to any such
exception, including, but not limited to any costs and expenses attributable to
the installation of guiderail or upgrading a guiderail system.
(2) All new or relocated underground
facilities shall be placed adjacent to the rights-of-way line whenever
reasonably possible. Each type of facility shall be properly separated. Where
it is not feasible to locate underground elements near the rights-of-way line,
elements may be located in the area between the ditch or slope line and
rights-of-way line, or between the outer edge of shoulder or curb and
rights-of-way line. However, such must always be outside the drainage system,
unless the facility is crossing the right-of-way, and/or, unless unusual
physical conditions are present, and the department grants an
exception.
(b) On
highways with posted speeds of 35 mph or less:
(1) All new or relocated installations of
above-ground utility elements shall be located in accordance with the
following, in order of preference, but not within the clear zone:
(i) at the rights-of-way line;
(ii) between the outer edge of the sidewalk
and the rights of-way line;
(iii) a
minimum of one foot six inches behind the face of curb or edge of shoulder
(where appropriate). Placement within usable sidewalk width is to be avoided.
In no case shall this placement reduce the open width of a sidewalk to less
than 36 inches;
(iv) if such one
foot six inch minimum offset cannot be physically attained, a lesser
appropriate distance behind the face of curb may be considered and/or
authorized by the department and, where applicable, the Federal Highway
Administration.
(2) All
new or relocated longitudinal installations of underground elements shall be
located in accordance with the following in order of preference:
(i) between the outer edge of sidewalk and
the rights-of-way line;
(ii)
underneath the sidewalk;
(iii)
between the curb and sidewalk;
(iv)
underneath the roadway pavement of a parking lane;
(v) underneath the roadway pavement, only if
other locations are neither feasible nor practicable, and only if the
department after examination finds that the safety and integrity of the highway
traffic operations and highway maintenance will not be jeopardized by the
installation and subsequent maintenance of the utility.
