(a)
General Requirements. Proposed occupancy of highway rights-of-way for
non-highway purposes shall meet the following criteria:
(i) The proposed facility shall directly or
indirectly serve the general public. (See Private and Public Utilities and
Governmental Facilities under Definitions.)
(ii) Adequate right-of-way is available and
the proposed occupancy does not interfere with or restrict in any way the
maintenance, operation, upgrading, and reconstruction of the road and its
related facilities like: signs, delineators, guardrail, signals, drainage
pipes, ditches, slopes, stock passes, bridges, fences, etc.
(iii) The safety of the public is not
impaired in any way during construction, operation, and maintenance of the
facility.
(iv) Clear recovery area
(clear zone) criteria is not violated.
(v) Major feeder lines of sufficient capacity
shall be brought across the R/W to service developing areas instead of
individual lines for each customer.
(b) Private Lines; Highway R/W Owned by the
Department.
(i) Crossings
Privately owned facilities which are operated for private
purposes may be allowed to cross the R/W.
(ii) Parallel encroachments
Generally not permitted unless unusual hardship or
extenuating engineering, environmental, or aesthetic considerations make
construction outside of the R/W extremely difficult or costly.
(iii) Construction methods and
safety provisions shall be in compliance with this regulation and as directed
by the Department.
(c)
Private Lines; Highway R/W on Easement. When the Department holds an easement
for highway or transportation purposes from a private landowner, privately
owned lines that are operated for private purposes may cross or encroach upon
the highway easement as in Para. (ii) above. (Previous case law and legal
opinions uphold the following: "The highway rights-of-way are held in trust for
the use of the citizens of the State of Wyoming as that may be determined by
law. The fact a portion of its right-of-way is held by an easement for highway
purposes as opposed to a fee simple interest does not create a greater or
lesser estate in the public in and to the land embraced within the
rights-of-way or create any difference in the way the public may utilize the
right-of-way for highway purposes. The State is legally able to utilize the
land within the boundaries of the highway for all lawful purposes consistent
with every reasonable method of travel, transportation, and communication for
which public highways are normally used." Extract from Opinion No. 88-003,
dated January 15, 1988, by Joseph B. Meyer, Attorney General and Lawrence A.
Bobbitt, III, Senior Assistant Attorney General, based on Wyoming
Statute
1-26-813.)
(d) Private & Public Utility Lines;
Highway on Federal Land. When the highway easement is on Federal land, the
applicant is required to obtain permission from the applicable Federal agency
which administers the land, after the Department has approved the proposed
utility line construction.
(e)
Private & Public Utility Lines; Highway on Railroad Operating R/W. When the
Department's roads cross a railroad operating right-of-way, whether at grade or
on a separation structure, the railroad reserves the exclusive right to license
secondary use by any type of utility facility. The utility shall first secure
permission from the railroad to cross or encroach upon the rights held by the
Department and then furnish the railroad's approval to the Department for
issuance of a license. Failure to first obtain railroad approval shall
jeopardize the rights granted to the Department by the railroad.
(f) Public Utilities; Highway R/W on Easement
or Department Owned.
(i) General
Crossings and parallel encroachments may be granted to
companies, corporations, districts, and joint powers boards organized under the
laws of the State, Boards of Public Utilities, facilities belonging to the
State or Federal Government, and facilities of the various political
subdivisions of the State, who are providing a direct or indirect service to
the public.
(ii) See
Section
6(a) for General
Requirements.
(iii) See Section
6(d) for Federal
Lands.
(iv) See Section
6(e) for Railroad Operating
R/W.
(v) All other applicable
provisions of this regulation, the license form, or the license agreement, and
other stipulations of the Department shall be complied with.
