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Utilities

Utility Laws and Regulations

Utility facilities, unlike most other fixed objects that may be present within the highway environment, are not owned nor are their operations directly controlled by State or local highway agencies. Because of this, highway authorities have developed policies and practices which govern when and how utilities may use public highway right-of-way, and under what conditions public funds may be used to relocate utility facilities to accommodate highway construction. Federal laws and FHWA regulations contained in title 23 of the United States Code (cited 23 U.S.C.) and title 23 of the Code of Federal Regulations (cited 23 CFR), regulate the accommodation, relocation and reimbursement of utilities located within the highway rights of way.

Two sections of Federal highway law in title 23 of the United States Code (cited 23 U.S.C.) deal specifically with utilities:

  • 23 U.S.C. 109(l) (.pdf) addresses with the accommodation of utilities on the right-of-way of Federal-aid highways.
  • 23 U.S.C. 123 (.pdf) addresses with reimbursement for the relocation of utility facilities necessitated by the construction of a project on any Federal-aid highway.

Three sections of Federal Highway regulations in title 23 of the Code of Federal Regulations (cited 23 CFR) deal specifically with utilities:

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More Information

Contact

Ken Leuderalbert
Office of Program Administration
317-226-5351
E-mail Ken

 
 
Updated: 07/16/2014
 

FHWA
United States Department of Transportation - Federal Highway Administration