Transportation, Dept. of

Utility Accommodations

Effective Date: 03/26/1990 to Current

Rule Type: Current Rules & Regulations

Reference Number: 045.0007.1.03261990

UTILITY ACCOMMODATIONS

Section 1. Purpose. The intent of this regulation is to provide guidelines for uniform procedures in the accommodation of utility facilities within the rights-of-way under the jurisdiction of the Wyoming Highway Department.

Section 2. Authority. Chapter II lists the Federal and State laws and rules and regulations that are the basis for this regulation.

Section 3. Joint Use Concept. The Department, as well as the Federal Department of Transportation and the Federal Highway Administration, recognize that it is in the public interest for utility facilities to use the right-of-way of public roads and streets when such use does not interfere with the primary purpose of said right-of-way, which is for a road and its appurtenances, and as long as the occupancy of such a utility facility does not cause expenditure of public funds to the agency administering the public right-of-way.

The Department will continue to work with the utility companies, boards, and municipalities regarding accommodation of their facilities within the streets and highways under Department jurisdiction.

Section 4. Applicability. This regulation shall apply to existing utility installations, additions or modifications to existing installations, to relocations or adjustments of facilities due to highway projects, and all new installations contemplated after the filing of this regulation.

Existing facilities, which are not in compliance with the stipulations of this regulation may remain as they are and where they are until they are in conflict with a Department project, create a hindrance to roadway maintenance activities, and/or create a hazard to the safe operation of a road and therefore have to be relocated.

Corrective measures for the relocation or protection of existing utility facilities that present a hazard to the traveling public are outlined in FHPM 6-6-3-1, Utility Relocation/Adjustment, and FHPM 8-2-3, Highway Safety Improvement Program.