La. Admin. Code tit. 70, § II-503 - Statutes
A. Responsibilities
Pertaining to Highway Occupancy
1. State of
Louisiana Department of Transportation's Responsibility
a. Prescribe and enforce all rules and
regulations as to construction, repairs or maintenance of the poles, wires and
lines of telegraph, telephone, community antenna television systems or power
companies and pipelines of gas districts, gas, water, sewers, or other pipeline
companies, so as to insure the safety of the traveling public in using the
roads, bridges and highways in this state; and to include regulations in
contracts and agreements entered into with utilities in granting permits for
construction on right-of-way necessary to insure the safety of the traveling
public and prevent damage to highways and bridges.
b. Prescribe and enforce any reasonable rules
and regulations so as to prevent unnecessary trespassing upon or damage to any
of the public roads, bridges or highways of the state.
c. Direct utilities to relocate their plant
when such plant is in conflict with highway construction contracts.
d. Pay cost of adjustment of plant to be
relocated if said plant is located on private right-of-way.
e. Pay cost of adjustment if plant in
conflict is located on public right-of-way under certain conditions, such as
utilities having prior rights.
f.
Withhold permit from utility if it concerns area where highway construction
project is in progress until utility has received permission from the prime
highway contractor to enter or cross said project.
2. Utilities Responsibility
a. Relocate utility's facilities that are in
conflict with highway or street constructions when directed to do so by the
State of Louisiana Department of Transportation and Development.
b. Ensure that installations within highway
right-of-way are in accordance with applicable federal, state, and industry
standards and policies.
c.
Coordinate location of facility installation with other utilities in the same
area.
d. Carry out the provisions
of contract or agreement entered into with the State of Louisiana Department of
Transportation and Development when permit for construction in highway
right-of-way was issued.
e. If
proposed construction by utility is in conflict with highway construction
already in progress, secure written permission from the prime highway
contractor to cross the project prior to requesting a permit from the
department. Hold the State of Louisiana Department of Transportation and
Development harmless from any claims by highway contractor for damages done by
utility during construction.
f. Pay
cost of adjustment from public highway right-of-way, except where utility has
prior rights.
Notes
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No prior version found.