(1) The
procedure described below will be followed when a utility proposes to occupy
the right-of-way of a new or existing highway. No such occupancy
shall be allowed until such time as the utility acquires from the department an
approved occupancy agreement, common use agreement or an encroachment permit.
(a) The
utility shall prepare and submit the appropriate occupancy form in triplicate
to the department's district office for approval.
(b) The
form must be accompanied with a plan showing the location of the proposed
facility in relation to the highway centerline and right-of-way.
(c) The district administrator or designate
shall review and approve or disapprove the proposed occupancy form. The utility
will be notified in writing of the determination.
(d) If
an installation is made that does not comply with these rules, or is installed
without an approved permit or agreement, the owner of the installation shall be
required to remove said installation at no cost to the state, or, at the option
of the department, correct the deficiencies as directed by the district.
Rules 18.7.233