- (1) The department incorporates by reference 23 CFR Section 645, subpart A (12/03/2021), for utility facility relocations required by department projects. For deviations in determining whether the Utility's real property needed for the department project should be handled as a utility relocation or right-of-way acquisition, Subsection R930-7-13(5) shall apply.
- (2) If the Utility's regulatory and construction requirements can be met, the department may require utility companies to jointly occupy trenches for a department project. To the extent Utilities have valid agreements concerning the joint use of above-ground facilities, the utility companies shall cooperate with each other for the relocated joint use.
- (3) If a Utility determines the existing utility facilities do not need to be replaced or are not needed to maintain its operational facilities, payment for the real property, which is needed to accommodate the construction of the department project where the utility facilities are located, shall be handled as a right-of-way acquisition.
The basic concept when relocating utility facilities is to functionally restore the Utility's operation facilities that existed before the department constructing a department project.
KEY: right-of-way, utility accommodation, utility facilities, utilities
Date of Last Change: December 11, 2024
Notice of Continuation: May 12, 2025
Authorizing, and Implemented or Interpreted Law: 54-3-29(5)(b); 54-3-29(6); 54-3-29(7); 72-6-116(2); 72-6-116(6)