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Title 23 Part 645 → Subpart B → §645.213

Title 23 → Chapter I → Subchapter G → Part 645 → Subpart B → §645.213

Electronic Code of Federal Regulations e-CFR

Title 23 Part 645 → Subpart B → §645.213

e-CFR data is current as of November 7, 2019

Title 23Chapter ISubchapter GPart 645Subpart B → §645.213


Title 23: Highways
PART 645—UTILITIES
Subpart B—Accommodation of Utilities


§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)


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