§ 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.)