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This includes utility installations within interchange areas which must be constructed or serviced by direct access from the main lanes or ramps.
If a State transportation department elects to permit such use, the plan must address how the State transportation department will oversee such use consistent with this subpart, Title 23 U. C., and the safe and efficient use of the highways.
In the design of new highway facilities consideration should be given to utility service needs of the area traversed if such service is to be provided from utility facilities on or near the highway.
Longitudinal use of such right-of-way by private lines is to be handled under the provisions of 23 CFR 1.23(c). (b) Since by tradition and practice highway and utility facilities frequently coexist within common right-of-way or along the same transportation corridors, it is essential in such situations that these public service facilities be compatibly designed and operated.
The State or political subdivision is to retain control of the utility strip right-of-way including its use by utility facilities.
To prescribe policies and procedures for accommodating utility facilities and private lines on the right-of-way of Federal-aid or direct Federal highway projects. When existing utility installations are to remain in place without adjustments on such projects the transportation department and utility are to enter into an appropriate agreement as discussed in Sec.
This subpart applies to: (a) New utility installations within the right-of-way of Federal-aid or direct Federal highway projects, (b) Existing utility facilities which are to be retained, relocated, or adjusted within the right-of-way of active projects under development or construction when Federal-aid or direct Federal highway funds are either being or have been used on the involved highway facility.
101, 109, 111, 116, 123, and 315; 23 CFR 1.23 and 1.27; 49 CFR 1.48(b); and E. 645.209(k), and(d) Private lines which may be permitted to cross the right-of-way of a Federal-aid or direct Federal highway project pursuant to State law and regulations and the provisions of this subpart. (a) Pursuant to the provisions of 23 CFR 1.23, it is in the public interest for utility facilities to be accommodated on the right-of-way of a Federal-aid or direct Federal highway project when such use and occupancy of the highway right-of-way do not adversely affect highway or traffic safety, or otherwise impair the highway or its aesthetic quality, and do not conflict with the provisions of Federal, State or local laws or regulations.
Source: 50 FR 20354, May 15, 1985,as amended at 65 FR 70307, November 22, 2000,unless otherwise noted. 645.213 of this part, (c) Existing utility facilities which are to be adjusted or relocated under the provisions of Sec.
[50 FR 20354, May 15, 1985, as amended at 53 FR 2833, Feb. - that policy employed by a transportation department to provide a clear zone in order to increase safety, improve traffic operations, and enhance the aesthetic quality of highways by designing, constructing and maintaining highway roadsides as wide, flat, and rounded as practical and as free as practical from natural or manufactured hazards such as trees, drainage structures, nonyielding sign supports, highway lighting supports, and utility poles and other ground-mounted structures.