Application And Scope

(1) Application. (a) Rules and Regulations set forth herein shall apply to all publicly, privately or cooperatively owned utilities for producing, transmitting or distributing electric power, light, communications, water, gas, oil, crude products, steam, chemicals, sewage, storm drainage, irrigation structures and ditches, fire and police signal systems and street lighting systems that are to be located, adjusted and/or relocated either overhead or under ground within rights-of-way of highways which compose the state, Federal-aid metro-urban and State-aid highway system of roads. Utility owners must deal directly with county and/or city officials concerning installations or relocations on Federal-aid metro-urban and State-aid highway system roads unless advised in writing that the Department of Transportation is acting as agent for the local government in acquiring the rights-of-way and adjusting utilities to accommodate proposed highway construction. (b) It is not intended that these rules and regulations be retroactive but shall be effective on the date they are officially issued or revised by the Commissioner of Transportation. They shall apply to new installations and utility facilities relocated to accommodate highway construction. (2) Scope. (a) Rules and Regulations set forth herein are limited to the Department of Transportation’s responsibility for preserving the integrity of the highway and its safe and efficient operation. It is not intended that these rules and regulations alter or conflict with current State statutes, local ordinances, franchises or regulations for installing and maintaining utility facilities within highway rights-of-way. Neither are they to be used as a basis for determining financial responsibility for replacing, adjusting and/or relocating utility facilities. When State statutes, local ordinances, or orders of appropriate governmental agencies require a greater degree of protection than required in these rules and regulations, such requirements take precedence over these rules and regulations.