Wyo. Code R. 045-0003-24
General Agency, Board or Commission Rules
Chapter 24: Highway Right of Way Encroachment
Effective Date: 02/17/1983 to 11/16/2010
Rule Type: Superceded Rules & Regulations
Reference Number: 045.0003.24.02171983
W.S. 1-26-813 allows public utilities to be constructed and maintained along State highways; W.S. 6-6-401 through 6-6-407 makes it unlawful to conduct disruptive activities on State property and requires establishment of policies, rules and regulations therefor; W.S. 35-10-401 makes it unlawful to injure, obstruct or conduct trade upon State highways; and the Federal Highway Administration (FHWA) requires the observance of rules on access and highway use as a condition of participation in federal-aid. These rules are necessary to implement and administer these statutes and requirements in a consistent and uniform manner.
Section 1. Definitions.
(a) "Agreement" - A contract between the Department and another party identifying in detail the terms of an encroachment. (b) "Department" - Wyoming State Highway Department. (c) "Encroachment" - Any facility above or below ground within the boundaries of the highway rights-of-way that is owned and maintained by a party other than the Department. (d) "License" - A permit to encroach (Department Form No. E-54). (e) "No Access Line" - A line that may or may not coincide with the right-of-way line which cannot be crossed for access to any portion of the right-of-way between said lines.
Section 2. Interstate Encroachment. Parallel encroachments on interstate rights-of-way for purposes other than serving a highway facility are generally not permitted. Under extenuating circumstances application may be made to the Department and forwarded to the FHWA for consideration. Such encroachment, if allowed, requires an official relocation of the no access line and requires any access for maintenance to the facility to be from outside the no access line.
Section 3. Public Utility Encroachment. Public utilities are entitled by statute to be placed in highway rights-of-way. Permission will be granted when Form E-54 has been completed by the owner and submitted to the highway district office in whose area the facility is to be installed. If the facility extends into more than one district, then Form E-54 must be submitted to each district. Form E-54 must be executed by the owner and not by an agent, contractor or consulting firm. Form E-54 shall provide that the facility will be constructed in a manner conforming with applicable federal, state, and local laws, codes and ordinances. Department requirements shall also be stipulated as necessitated by local conditions of terrain, materials and traffic.
Facilities requiring periodic maintenance or inspection by work crews shall be placed outside the right-of-way and shall have a designated access point.
Section 4. Railroads. Encroachments from railroads shall be by agreement setting forth in detail, location, type of construction, insurance coverage, traffic control and maintenance responsibilities. Requests from industrial users for spur tracks must be submitted through the railroad company rather than directly from the industrial user.
Section 5. Private Utility. Parallel utility runs within Department rights-of-way by private parties are prohibited. Private parties are allowed to cross Department roadways when they are installed to Department specifications.
In the case of transmission line companies with condemnation authority (W.S. 1-26-814) permission for parallel encroachment may be considered if it does not otherwise interfere with the use of the right of way for highway purposes. A special agreement is required specifying rights of access to construct and maintain, detailed alignment and grade, specific construction procedures around Department structures, and provision for inspection when deemed necessary. Access to utility lines outside the right of way where a no access line is maintained shall not be allowed, nor utility maintenance done from highway rights of way.
Section 6. Landscape License. Beautification of the right of way by adjacent landowners or local municipality is allowed when it does not compromise the integrity and safety of the highway. Any firm or individual wishing to modify the right of way must submit their request on Form M-26 to the Department district office for the area in which the property is located.
Landscaping shall be for aesthetic purposes only, and shall not be used for business or residential purposes. The paving of any portion of the right of way for business, parking or display of merchandise is prohibited.
Drainage must be maintained through a landscape area. All shrubbery or trees planted in the right of way shall be at least 50 feet from edge of traveled ways in rural areas and consistent with surrounding property in urban areas. Setback for all shrubbery shall meet local municipal codes, and shall not restrict sight distance below the minimum established by the Department.
Section 7. Signs, Awnings, Canopies, Marquees. No signs, canopies, marquees or similar installations are to be erected on or protrude into the right-of-way in rural areas except for official signs marking buried pipeline or cable.
Within urban limits of a city or town as designated by the Department, the erection of awnings, canopies, marquees and on-premise advertising signs will be allowed subject to the following:
(e) The vertical clearance shall not be less than that required by the ordinance of the nearest city, or ten (10) feet, whichever is greater.
The protrusion of signs, canopies, etc. into the right-of-way is an illegal encroachment and will not be permitted unless all of the above criteria are met. Encroachments meeting the above requirements shall be permitted if, in the judgement of the Department, by reasons of color, placement, or in any manner detracts from the effectiveness of official traffic control devices or constitutes a traffic hazard.
Section 8. Substructures. Within a city commercial area, but not a rural commercial area, substructures existing prior to the filing of these rules may be considered as permitted encroachments, provided that the farthest protrusion, above ground or underground, does not extend beyond the curbside of the sidewalk. Whenever a street is to be widened, protrusions shall be reduced to no more than five (5) feet into the right-of-way or to a point at least two (2) feet behind face of curb, whichever is less. No new encroachments will be allowed.
Section 9. Access Driveways. Rules governing access driveways are prescribed in Chapter XIII, Access Facilities.
Section 10. Seismographic Activity. Drilling blasting or any type of parallel seismographic investigations will not be allowed within any right-of-way.
The laying of temporary cable across interstate, primary and secondary highways will be permitted with the following provisions.
(a) Written approval shall be obtained from the district engineer two weeks prior to using the right-of-way. The company, by signing Form M-23, Seismographic Cable Crossing License, shall have agreed to:
(i) release the Department from liability in the event of an accident or injury;
(ii) meet traffic control requirements of the Department;
(iii) an expiration date;
(iv) run cables through existing culverts if there is one in the area. If culverts do not exist within 1,000 feet in either direction, cables may cross the roadway if:
the cable is firmly secured the cable is removed daily, and the cable is adequately signed and flagged;
(v) not to park work vehicles within the right-of-way.
Any violation to the above will result in a 90-day suspension of the use of the right-of-way regardless of whether the Company had previous permission. Suspension shall be considered as being binding statewide, not just in the area where the violation occurred.
Section 11. Conducting Business From the Right-of-Way. Under no circumstances shall any business or other commercial activity be transacted, nor permits issued for the transaction of any type of business or commercial activity on rights-of-way.
Section 12. Removal. Department rights-of-way shall remain inviolate from encroachments without a permit issued by the Department. Any use of the right-of-way which interferes with construction or maintenance of the highway, or safe use by the traveling public, shall be considered an unlawful encroachment.
Encroaching property causing an immediate hazard to the public shall be removed immediately by either the owner or the Department. Any encroaching property not causing an immediate hazard and where the owner cannot be determined after 48 hours, shall be deemed to be abandoned and shall be removed by the Department. If subsequent ownership can be proven, the property will be released upon payment of removal and storage costs. After 30 days the Department shall dispose of the property in accordance with the rules of the Department of Administration and Fiscal Control (DAFC).
Any person in violation of these rules is subject to prosecution pursuant to the provisions of W.S. 6-6-405.
Section 13. Caveat. Granting of a license in conformance with these rules does not imply any title interest in the land covered or effected by the license being vested be in the Department, and the licensee assumes all responsibility for title clearance when occupying highway right-of-way.