A renewal is an extension of term of an existing right-of-way without any other change.
(a) The grantee may request a renewal of an existing right-of-way grant and we will renew the grant as long as:
- (1) The initial term and renewal terms, together, do not exceed the maximum term determined to be reasonable under § 169.201;
- (2) The existing right-of-way grant explicitly allows for automatic renewal or an option to renew and specifies compensation owed to the landowners upon renewal or how compensation will be determined;
- (3) The grantee provides us with a signed affidavit that there is no change in size, type, or location, of the right-of-way;
- (4) The initial term has not yet ended;
- (5) No uncured violation exists regarding the regulations in this part or the grant's conditions or restrictions; and
- (6) The grantee provides confirmation that landowner consent has been obtained, or if consent is not required because the original right-of-way grant explicitly allows for renewal without the owners' consent, the grantee provides notice to the landowners of the renewal.
- (b) We will record any renewal of a right-of-way grant in the LTRO.
- (c) If the proposed renewal involves any change to the original grant or the original grant was silent as to renewals, the grantee must reapply for a new right-of-way, in accordance with § 169.101, and we will handle the application for renewal as an original application for a right-of-way.