[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
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

[[Page 216]]

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 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]