1. 1. the Department lacks legal authority to issue an encroachment permit for the subject real property; or

2. 2. the use adversely affects the safety, capacity, or integrity of the State highway rights-of-way.

   An encroachment permit for broadband use may be denied when:

3. 1. the applicant has not complied with the provisions of prior encroachment permits;
4. 2. the applicant has not rectified a violation of a previous encroachment permit;
5. 3. the applicant is delinquent with payment on prior permits;
6. 4. the use does not have approval from a governmental body with jurisdiction, such as a local land use authority or Public Utilities Commission, if applicable;
7. 5. the environmental effects are significant and cannot be mitigated or mitigation is infeasible;
8. 6. the installation and/or maintenance associated with the installation creates a safety hazard;
9. 7. the service access requires a lane closure on an access controlled highway;
10. 8. the service access points are not provided outside of the controlled access right of way;
11. 9. the service requires entry through a right-of-way fence.

An encroachment permit for broadband use shall be denied when:

Note: Authority cited: Section 671.5, Streets and Highways Code. Reference: Sections 670 and 671.5(b), Streets and Highways Code.

History

1. New section filed 10-6-2009; operative 10-6-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).