[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR645.205]

[Page 228-229]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645_UTILITIES--Table of Contents
 
                  Subpart B_Accommodation of Utilities
 
Sec.  645.205  Policy.

    (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.
    (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. 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

[[Page 229]]

highway. Similarly the potential impact on the highway and its users 
should be considered in the design and location of utility facilities on 
or along highway right-of-way. Efficient, effective and safe joint 
highway and utility development of transportation corridors is important 
along high speed and high volume roads, such as major arterials and 
freeways, particularly those approaching metropolitan areas where space 
is increasingly limited. Joint highway and utility planning and 
development efforts are encouraged on Federal-aid highway projects.
    (c) The manner is which utilities cross or otherwise occupy the 
right-of-way of a direct Federal or Federal-aid highway project can 
materially affect the highway, its safe operation, aesthetic quality, 
and maintenance. Therefore, it is necessary that such use and occupancy, 
where authorized, be regulated by transportation departments in a manner 
which preserves the operational safety and the functional and aesthetic 
quality of the highway facility. This subpart shall not be construed to 
alter the basic legal authority of utilities to install their facilities 
on public highways pursuant to law or franchise and reasonable 
regulation by transportation departments with respect to location and 
manner of installation.
    (d) When utilities cross or otherwise occupy the right-of-way of a 
direct Federal or Federal-aid highway project on Federal lands, and when 
the right-of-way grant is for highway purposes only, the utility must 
also obtain and comply with the terms of a right-of-way or other 
occupancy permit for the Federal agency having jurisdiction over the 
underlying land.

[50 FR 20354, May 15, 1985, as amended at 53 FR 2833, Feb. 2, 1988]