Wyo. Code R. 045-0007-2
Effective Date: 03/26/1990 to Current
Rule Type: Current Rules & Regulations
Reference Number: 045.0007.2.03261990
Section 1. General. The references listed below are the basis and guidelines for the development of the Department's Basic and Operating policies for accommodation of utility facilities within or crossing the highways under the jurisdiction of the Department.
These laws, guidelines, rules, regulations and industry standards, when referred to herein, shall be considered incorporated by reference, as well as any others enacted subsequent to issuance of this publication and/or revisions and amendments thereto.
Section 2. United States Code (U.S.C).
(a) TITLE 23 - HIGHWAYS
Section 109: Standards
Section 111: Interstate Access
Section 116: Maintenance
Section 123: Relocation of Utility Facilities
Section 315: Rules and Regulations
Section 3. Code of Federal Regulations (CFR).
(a) TITLE 23 CFR: HIGHWAYS
Section 1.23: Right-of-Way & Utilities
(b) Use for highway purposes
(c) Other use or occupancy
Section 1.27: Maintenance
Section 1.32: Issuance of Directives
Section 1.36: Compliance with Federal laws and regulations
(b) TITLE 49 CFR: TRANSPORTATION
Section 1.48 (b) Delegation to Federal Highway Administrator
Part 192, HAZARDOUS MATERIALS REGULATION BOARD
"Transportation of Natural and Other Gas by Pipeline; Minimum Safety Standards"
Part 195, HAZARDOUS MATERIALS REGULATION BOARD
"Transportation of Liquids by Pipeline; Minimum Safety Standards
(c) Executive Order 11990 and 42 FR 26961
Section 4. Department of Transportation - Federal Highway Administration.
(a) Federal Aid Highway Program Manual (FHPM) Volume 6, Chapter 6, Section 3, Subsection 2 'Accommodation of Utilities'
(b) Federal Aid Highway Program Manual (FHPM) Volume 6, Chapter 6, Section 3, Subsection 1 'Utility Relocations, Adjustments and Reimbursement'
(c) Manual on Uniform Traffic Control Devices for Streets and Highways
Section 5. Association of State Highway and Transportation Officials.
(a) A guide for Accommodating Utilities within Highway Right-of-Way.
(b) A Policy on the Accommodation of Utilities within Freeway Right-of-Way.
(c) Guide for Selecting, Locating and Designing Traffic Barriers.
(d) Roadside Design Guide.
Section 6. American National Standard.
National Electric Safety Code
Section 7. Wyoming Statutes.
(a) Wyoming Constitution
Article 3: Legislative Department
Section 27: Special and Local Laws Prohibited
(b) Title 1: Code of Civil Procedures
Chapter 26: Eminent Domain (all)
Section 1-26-813: Right-of-way along public ways granted; Permission necessary for new lines; Granted right for public utilities
Section 1-26-505: Condemnation of property devoted to public use; Agreement is mandatory to determine the conditions and extent of the use by each party
Section 1-26-516: Inverse Condemnation
(c) Title 6: Code of Civil Procedures
Chapter 3: Offenses Against Property
Article 2: Property Destruction and Defacement
Section: 6-3-201; Property Destruction and Defacement
Paragraph (a): A person is guilty of property destruction and defacement if he knowingly defaces, injures or destroys property of another without the owners consent.
(Utility companies, sign companies, etc., maintaining facilities located inside or outside of highway right-of-way and thereby causing ruts, erosion, destruction of ditch flow lines, road shoulders, etc., without repairing such damage.)
(d) Title 15: Cities and Towns Chapter 7: Public Improvements Article 2: Electric Current Section 15-7-204 General Powers Paragraph (a): Any city or town may:
(ii) Construct an electric transmission line or electric power line upon and over all public roads and state highways if it does not interfere with the public in the use of the public roads and state highways.
(e) Title 16: City, County, State and Local Powers Chapter 6: Public Property Article 1: Public Works and Contracts Section 16-6-108: Governing of Federal Funds by Federal Law.
The operation of this act (W.S. 16-6-101 through 16-6-118) upon the letting of any public works contract above mentioned, in connection with which funds are granted or advanced by the United States of America, shall be subject to the effect, if any, of related laws of the United States and valid rules and regulations of federal agencies in charge, governing use and payment of the federal funds.
(f) Title 18: Counties Chapter 12: Improvement and Service Districts
Summary of Content:
(i) May be formed in any unincorporated territory in this State
(ii) May acquire, construct, operate and maintain improvements of local necessity and convenience
(iii) A district is a separate entity and a political subdivision of the State
(iv) The criterion for establishing a district shall be the public convenience and necessity
(g) Title 24: Highways Chapter 2: State Highway Department Section 24-2-112: Contracts and agreements with United States Government
Chapter 3: Establishment, Vacation or Alteration of County Highways
Section 24-3-126: Abandonment of portions of highway upon reconstruction or relocation of existing highway; etc.
Summary of Content:
Preserves the right to continue operation of transmission lines and any interest acquired in the right-of-way under the provisions of W.S. 1-26-813. Applies to state highways.
(h) Title 24: Highways Chapter 13: Utility Relocation Assistance Section: 24-13-101 through 24-13-104, and Chapter XXVIII: Utility Relocation Assistance, State Highway Department Rules and Regulations.
Summary of Content:
The referenced statute permits the Department to make reimbursement payments to utilities for relocation of facilities from within the right-of-way of Federal-Aid highways. The Chapter of the Rules and Regulations restricts the reimbursement to electric power, telephone, and natural gas lines for suppliers with less than 15,000 customer meters, at a rate of 50 percent.
(i) Title 37: Public Utilities Chapter 3: Rate, Interchange of Services and Safety Regulations Section 37-3-114: Safety Standards
Summary of Content:
(i) Electrical facilities shall be in conformance with the current edition of the National Electric Safety Code
(ii) PSC to have the power to direct the manner in which all utilities shall cross public highways and other utilities and by which public highways shall cross utilities.
(iii) It shall be the duty of the commission to apportion between the parties, in accordance with justice, the cost and expense of installing and maintaining such crossings.
(iv) Cost against a highway within a city or town will be charged against the city or town. If outside of the city or town, against the county.
(j) Title 37: Public Utilities Chapter 10: Railroad and Public Highway Crossings Sections 37-10-101 through 37-10-105 Also referred to as the Highway Crossing Protection Account
(k) Title 37: Public Utilities Chapter 10: Damage to Underground Public Utility Facilities Sections 37-12-301 through 37-12-304
Summary of Content:
Sets up procedures for locating, showing on plans and notification to utilities prior to starting any excavation.
(l) Title 37: Public Utilities Article 3: High Voltage Line Safety Sections 37-3-301 through 37-3-306
Summary of Content:
Sets up safety clear zones around conductors of electric current and procedures for notifying utilities regarding safety measures when work encroaches within the clear zones.
(m) Title 41: Water
Chapter 3: Water Rights; Administration and Control
Article 7: Water Conservancy Districts
Summary of Content:
(i) Has condemnation powers under eminent domain.
(ii) May cross or occupy any public street or highway without impairing the use of the street or highway.
(n) Title 41: Water
Chapter 10: Water and Sewer District Law
Section 41-10-113: Powers of District Board(n) Title 41: Water
Summary of Content:
(i) Has condemnation powers under eminent domain.
(ii) District shall have the right-of-way over existing state highways; District must apply to Highway Department for license.
(o) Title 41: Water
Chapter 7: Irrigation Districts
Section 41-7-101 - all
(p) Title 41: Water
Chapter 8: Watershed Improvement District
Section 41-8-101 - all
Section 8. Wyoming Highway Department (WHD).
(a) Operating Policy
Policy Number 2-2: Secondary Road Plan
Policy Number 7-1: Design Standards and Tolerable Controls
SUBJECT: Rural and urban railroad crossing protection criteria
Policy Number 13-1: Rail/Highway Crossing Protection Program
Policy Number 17-2: Filing Department Rules
SUBJECT: Administrative Procedures Act
Policy Number 18-3: Project Development Procedures
Policy Number 18-8: Work in the Vicinity of Utilities
Policy Number 19-3: Right-of-Way Encroachments
Policy Number 19-8: Placement of Utilities on Bridges
Policy Number 24-3: Authority for Rendering Special Service and other applicable policies that may be issued from time to time.
| 107.04: | Restoration of Surfaces Opened by Permit |
|---|---|
| 107.07: | Railway-Highway Provision |
| 107.11: | Protection and Restoration of Property and Landscape |
| 107.19: | Contractor's Responsibility for Utility Procedures and Services |
| 109.04: | Extra and Force Account Work |
| 206.03: | Trench Excavation |
| 620.01: | Water Lines |
| 621.01: | Sanitary Sewer Lines |
| 625.01: | Manholes, Inlets, Catch Basins, Diversion Boxes |
| 706.01: | Non-Metallic Pipe |
| 707.01: | Metal Pipe |
| Chapter II: | General Regulations |
|---|---|
| Section 236: | Paragraph a and b: Interference of Utility Lines with each other Section 237: Construction and Maintenance of Utility Facilities |
| Chapter III: | Special Regulations - Electric Utilities |
| Section 316: | Standard Practice |
| Chapter IV: | Special Regulations - Gas Utilities |
| Section 406: | Location of Customer Meters |
| Section 417: | Minimum Gas Pipeline Safety Standards (Department of Transportation - Natural Gas Pipeline Safety Act) |
| Chapter XI: | Railroad Grade Crossing Regulation Section 1101 through 1113 |
| Chapter XII: | Railroad Separations Section 1201 through 1209 |
| Chapter XIII: | Railroad Clearances |
| Section 1302 | Definitions |
| Section 1304 | Overhead Clearances |
| Section 1305 | Side Clearances |
| Section 1307 | Clearances at Public Roads |