(a)

1. (1) Privately owned facilities are lines that convey or transmit communications, electricity, gas, oil, water, or any other similar commodities, but are devoted exclusively to private use.

2. (2) This includes:

   1. (A) Privately owned lines from gas and oil wells;
   2. (B) Lines owned by oil companies within refinery and oil storage complexes;
   3. (C) Irrigation lines; and
   4. (D) Any other private purpose lines or service lines owned by individuals or companies.

(b) Permanent installations.

1. (1) Longitudinal installations of permanent private lines are not allowed.
2. (2) Permit applications are required for permanent private crossings, and all private installations allowed to cross state highway right-of-way shall follow the applicable requirements of this part.

(c) Temporary installations.

1. (1) Longitudinal installations of temporary private lines are not allowed.
2. (2) The placement of a temporary line to cross a highway right-of-way shall be permitted through an encasement under the roadway installed in accordance with this part, or it may be placed through an existing drainage structure with a minimum of twenty feet (20’) of clear waterway opening if approved by the District Engineer.

3. (3)

   1. (A) An exception may be granted to place a temporary line through an existing drainage structure with less than twenty feet (20’) of clear waterway opening providing a drainage analysis is made by a qualified individual and submitted by the owner.
   2. (B) The decision whether to allow the use of the drainage structure for a temporary crossing will be made by the Arkansas Department of Transportation based on the impact of the drainage analysis.
4. (4) Regardless of size, if the department allows the use of any existing bridge opening or highway drainage structure for the placement of a temporary line, the utility owner will be required to assume all responsibility for any damages or violations of state or federal environmental law or regulations caused by the placement of the line.