[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: 23CFR645.207]

[Page 229-230]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645_UTILITIES--Table of Contents
 
                  Subpart B_Accommodation of Utilities
 
Sec.  645.207  Definitions.

    For the purpose of this regulation, the following definitions shall 
apply:
    Aesthetic quality--those desirable characteristics in the appearance 
of the highway and its environment, such as harmony between or blending 
of natural and manufactured objects in the environment, continuity of 
visual form without distracting interruptions, and simplicity of designs 
which are desirably functional in shape but without clutter.
    Border area--the area between the traveled way and the right-of-way 
line.
    Clear roadside policy--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. The policy should address the removal of 
roadside obstacles which are likely to be associated with accident or 
injury to the highway user, or when such obstacles are essential, the 
policy should provide for appropriate countermeasures to reduce hazards. 
Countermeasures include placing utility facilities at locations which 
protect out-of-control vehicles, using breakaway features, using impact 
attenuation devices, or shielding. In all cases full consideration shall 
be given to sound engineering principles and economic factors.
    Clear zone--the total roadside border area starting at the edge of 
the traveled way, available for safe use by errant vehicles. This area 
may consist of a shoulder, a recoverable slope, a non-recoverable slope, 
and/or the area at the toe of a non-recoverable slope available for safe 
use by an errant vehicle. The desired width is dependent upon the 
traffic volumes and speeds, and on the roadside geometry. The current 
edition of the AASHTO ``Roadside Design Guide'' should be used as a 
guide for establishing clear zones for various types of highways and 
operating conditions. This publication is available for inspection and 
copying from the FHWA Washington Headquarters and all FHWA Division 
Offices as prescribed in 49 CFR part 7. Copies of current AASHTO 
publications are available for purchase from the American Association of 
State Highway and Transportation Officials, Suite 225, 444

[[Page 230]]

North Capitol Street, NW., Washington, D.C. 20001, or electronically at 
http://www.aashto.org.
    Direct Federal highway projects--those active or completed highway 
projects such as projects under the Federal Lands Highways Program which 
are under the direct administration of the Federal Highway 
Administration (FHWA)
    Federal-aid highway projects--those active or completed highway 
projects administered by or through a State transportation department 
which involve or have involved the use of Federal-aid highway funds for 
the development, acquisition of right-of-way, construction or 
improvement of the highway or related facilities, including highway 
beautification projects under 23 U.S.C. 319, Landscaping and Scenic 
Enhancement.
    Freeway--a divided arterial highway with full control of access.
    Highway--any public way for vehicular travel, including the entire 
area within the right-of-way and related facilities constructed or 
improved in whole or in part with Federal-aid or direct Federal highway 
funds.
    Transportation department--that department, agency, commission, 
board, or official of any State or political subdivision thereof, 
charged by its law with the responsibility for highway administration.
    Private lines--privately owned facilities which convey or transmit 
the commodities outlined in the definition of utility facility of this 
section, but devoted exclusively to private use.
    Right-of-way--real property, or interests therein, acquired, 
dedicated or reserved for the construction, operation, and maintenance 
of a highway in which Federal-aid or direct Federal highway funds are or 
have been involved in any stage of development. Lands acquired under 23 
U.S.C. 319 shall be considered to be highway right-of-way.
    State transportation department--the transportation department of 
one of the 50 States, the District of Columbia, or Puerto Rico.
    Use and occupancy agreement--the document (written agreement or 
permit) by which the transportation department approves the use and 
occupancy of highway right-of-way by utility facilities or private 
lines.
    Utility facility--privately, publicly or cooperatively owned line, 
facility, or system for producing, transmitting, or distributing 
communications, cable television, power, electricity, light, heat, gas, 
oil, crude products, water, steam, waste, storm water not connected with 
highway drainage, or any other similar commodity, including any fire or 
police signal system or street lighting system, which directly or 
indirectly serves the public. The term utility shall also mean the 
utility company inclusive of any substantially owned or controlled 
subsidiary. For the purposes of this part, the term includes those 
utility-type facilities which are owned or leased by a government agency 
for its own use, or otherwise dedicated solely to governmental use. The 
term utility includes those facilities used solely by the utility which 
are a part of its operating plant.

[50 FR 20345, May 15, 1985, as amended at 51 FR 16834, May 7, 1986; 53 
FR 2833, Feb. 2, 1988; 55 FR 25828, June 25, 1990; 60 FR 34850, July 5, 
1995; 61 FR 12022, Mar. 25, 1996; 65 FR 70311, Nov. 22, 2000]