[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: 23CFR645.213]

[Page 235]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645_UTILITIES--Table of Contents
 
                  Subpart B_Accommodation of Utilities
 
Sec.  645.213  Use and occupancy agreements (permits).

    The written arrangements, generally in the form of use and occupancy 
agreements setting forth the terms under which the utility is to cross 
or otherwise occupy the highway right-of-way, must include or 
incorporate by reference:
    (a) The transportation department standards for accommodating 
utilities. Since all of the standards will not be applicable to each 
individual utility installation, the use and occupancy agreement must, 
as a minimum, describe the requirements for location, construction, 
protection of traffic, maintenance, access restriction, and any special 
conditions applicable to each installation.
    (b) A general description of the size, type, nature, and extent of 
the utility facilities being located within the highway right-of-way.
    (c) Adequate drawings or sketches showing the existing and/or 
proposed location of the utility facilities within the highway right-of-
way with respect to the existing and/or planned highway improvements, 
the traveled way, the right-of-way lines and, where applicable, the 
control of access lines and approved access points.
    (d) The extent of liability and responsibilities associated with 
future adjustment of the utilities to accommodate highway improvements.
    (e) The action to be taken in case of noncompliance with the 
transportation department's requirements.
    (f) Other provisions as deemed necessary to comply with laws and 
regulations.

(Approved by the Office of Management and Budget under control number 
2125-0522)