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Utility Relocation and Accommodation on Federal-Aid Highway Projects
Appendix D

23 U.S.C. 109(l)
Pertaining to Accommodation of Utilities

Sec. 109. Standards

Paragraph (l)
  1. In determining whether any right-of-way on any Federal-aid highway should be used for accommodating any utility facility, the Secretary shall-
    1. first ascertain the effect such use will have on highway and traffic safety, since in no case shall any use be authorized or otherwise permitted, under this or any other provision of law, which would adversely affect safety;
    2. evaluate the direct and indirect environmental and economic effects of any loss of productive agricultural land or any impairment of the productivity of any agricultural land which would result from the disapproval of the use of such right-of-way for the accommodation of such utility facility; and
    3. consider such environmental and economic effects together with any interference with or impairment of the use of the highway in such right-of-way which would result from the use of such right- of-way for the accommodation of such utility facility.
  2. For the purpose of this subsection-
    1. the term "utility facility" means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public; and
    2. the term "right-of-way" means any real property, or interest therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway.
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Updated: 09/22/2014

United States Department of Transportation - Federal Highway Administration