§ 1601. Declaration of policy
The purpose of this chapter is to set standards for determining when and to what extent
the authority granted by section 1603 of this title may be exercised. (Added 1995, No. 60, § 25, eff. April 25, 1995.)
§ 1602. Definitions
As used in this chapter:
(1) “Environmental considerations” are requirements set forth in any applicable permit
or approval issued by a federal or State agency, board, or commission responsible
for the protection of scenic, natural, and historic resources.
(2) “Nondiscriminating local ordinances” are municipal ordinances that apply to similar
development or construction, whether undertaken by an individual, a governmental body,
or the municipality itself.
(3) “Relocation” means required adjustments of utility facilities necessitated by planned
highway maintenance or construction activities. “Normal relocation” means constructing
a replacement facility, in kind, that is both functionally equivalent to the existing
facility and necessary for the continuous operation of the utility service, highway
project economy, or sequence of highway construction or maintenance.
(4) “Safety considerations” are requirements set forth in any applicable permit or approval
issued by a federal or State agency, board, or commission responsible for highway
and traffic safety.
(5) “Utility” means a 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, stormwater
not connected with the highway drainage, or any other similar commodity, including
any fire or police signal system or highway lighting system, which directly or indirectly
serves the public. The term “utility” also means the utility company inclusive of
any wholly owned or controlled subsidiary. (Added 1995, No. 60, § 25, eff. April 25, 1995; amended 2021, No. 20, § 106; 2021, No. 105 (Adj. Sess.), § 364, eff. July 1, 2022.)
§ 1603. Authority to pay for certain utility relocation costs
When relocation of a utility is required by a project for the improvement, construction,
or reconstruction of a highway under chapter 15 of this title, the Agency or a municipality,
or both, may pay for some or all of the cost of the relocation. (Added 1995, No. 60, § 25, eff. April 25, 1995.)
§ 1604. Applicability
(a) Eligibility for reimbursement of utility relocation costs incurred for highway projects
that advance to the construction phase after April 25, 1995 shall be determined in
accordance with the standards provided in this chapter.
(b) The reimbursement provisions of this chapter only apply to “utilities,” as defined
in section 1602 of this title.
(c) Unless the context clearly indicates otherwise, this chapter shall be applied in conjunction
with regulations of the U.S. Department of Transportation, Federal Highway Administration,
23 C.F.R. Part 645-Utilities, as may be amended. (Added 1995, No. 60, § 25, eff. April 25, 1995; amended 2021, No. 20, § 107.)
§ 1605. Eligibility
(a) Adjustment of utility facilities may be eligible for reimbursement under this chapter
when the required design and installation of utility facilities exceed normal relocation
requirements as the result of the highway project’s need to address environmental
considerations, nondiscriminating local ordinances, safety considerations, or other
requirements found to be applicable by the Agency of Transportation. Before finding
adjustment of utility facilities to be eligible for reimbursement under this chapter,
the Secretary shall make a determination that options other than placing the utilities
underground have been considered. Alternative aerial relocation may be eligible for
reimbursement in accordance with section 1606 of this title.
(b) Adjustment of utility facilities shall continue to be eligible for reimbursement under
existing law when:
(1) relocation is required by construction or reconstruction of limited-access facilities;
(2) affected utility facilities are located on private property and the utility holds
a fee or nonterminable easement in its existing location; or
(3) affected municipal utility facilities are located within municipal highway rights-of-way. (Added 1995, No. 60, § 25, eff. April 25, 1995; amended 1995, No. 183 (Adj. Sess.), § 18e, eff. May 22, 1996; 2021, No. 105 (Adj. Sess.), § 365, eff. July 1, 2022.)
§ 1606. Reimbursement
(a) Except as provided in section 1605 of this title, normal relocation required by highway maintenance operations or highway construction
projects is not eligible for reimbursement.
(b) Where the eligibility criteria set forth in section 1605 of this title are met, the differential costs over and above normal relocation cost shall be apportioned
on a 50/50 basis between the Agency and the municipality. The Agency may waive the
requirement for municipal participation for projects located on the State highway
system.
(c) Oversize or other-than-normal relocation installations undertaken for the sole benefit
of the utility shall be considered as betterments and shall not qualify for reimbursement. (Added 1995, No. 60, § 25, eff. April 25, 1995.)
§ 1607. Repealed. 2009, No. 3 (Sp. Sess.), § 11a, eff. June 10, 2009.