[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR645.215]

[Page 215-216]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645--UTILITIES--Table of Contents
 
                  Subpart B--Accommodation of Utilities
 
Sec. 645.215  Approvals.

    (a) Each State transportation department shall submit a statement to 
the FHWA on the authority of utilities to use and occupy the right-of-
way of State highways, the State transportation department's power to 
regulate such use, and the policies the State transportation department 
employs or proposes to employ for accommodating utilities within the 
right-of-way Federal-aid highways under its jurisdiction. Statements 
previously submitted and approved by the FHWA need not be resubmitted 
provided the statement adequately addresses the requirements of this 
part. When revisions are deemed necessary the changes to the previously 
approved statement may be submitted separately to the FHWA for approval. 
The State transportation department shall include similar information on 
the use and occupancy of such highways by private lines where permitted. 
The State shall identify those areas, if any, of Federal-aid highways 
within its borders where the State transportation department is without 
legal authority to regulate use by utilities. The statement shall 
address the nature of the formal agreements with local officials 
required by Sec. 645.209(g) of this part. It is expected that the 
statements required by this part or necessary revisions to previously 
submitted and approved statements will be submitted to FHWA within 1 
year of the effective date of this regulation.
    (b) Upon determination by the FHWA that a State transportation 
department's policies satisfy the provisions of 23 U.S.C. 109, 111, and 
116, and 23 CFR 1.23 and 1.27, and meet the requirements of this 
regulation, the FHWA will approve their use on Federal-aid highway 
projects in that State
    (c) Any changes, additions or deletions the State transportation 
department proposes to the approved policies are subject to FHWA 
approval.
    (d) When a utility files a notice or makes an individual application 
or request to a STD to use or occupy the right-of-way of a Federal-aid 
highway project, the STD is not required to submit the matter to the 
FHWA for prior concurrence, except when the proposed installation is not 
in accordance with this regulation or with the STD's utility 
accommodation policy approved by

[[Page 216]]

the FHWA for use on Federal-aid highway projects.
    (e) The State transportation department's practices under the 
policies or agreements approved under Sec. 645.215(b) of this part shall 
be periodically reviewed by the FHWA.

(Information collection requirements in paragraph (a) were approved by 
the Office of Management and Budget under control number 2125-0514)

[50 FR 20354, May 15, 1985, as amended at 53 FR 2834, Feb. 2, 1988; 60 
FR 34851, July 5, 1995; 65 FR 70312, Nov. 22, 2000]