Utility Principal Documents
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): Standards (2011) addresses with the accommodation of utilities on the right-of-way of Federal-aid highways.
- 23 U.S.C. 123: Relocation of utility facilities (2011) 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:
- 23 CFR 635 Construction and Maintenance (11/15/2006) Subpart C addresses the coordination with the construction contract and project authorization.
- 23 CFR 645 Subpart A Utility Relocations, Adjustments, and Reimbursement (11/22/2000) addresses with utility relocations, adjustments, and reimbursement.
- 23 CFR 645 Subpart B Accommodation of Utilities (11/22/2000) addresses with the accommodation of utilities.
Policy and Guidance
- Application of Buy America to non FHWA-funded Utility Relocations (07/11/2013)
- Applicability of Davis-Bacon Wage Rates to Utility Work (04/21/1986)
- Buy America Issues to Consider for Utility Contracts and Agreements (12/20/2012)
- Local Public Agency Stewardship Issues (02/13/2012)
- Longitudinal Utility Accommodation (03/27/2009)
- Proposed Utility Installations on the Mass. Turnpike ROW (05/13/2008)
- Program Guide: Utility Relocation and Accommodation on Federal Aid highway Projects, Sixth Edition (2003)
- Background Guidance on Longitudinal Telecommunications Installations on Limited Access Highway Right-of-Way (12/20/2000)
- Guidance on Longitudinal Telecommunications Installations on Limited Access Highway Right-of-Way (12/20/2000)
- Utility Cost Sharing Proposals (23 CFR 645 Subpart A, Non-Regulatory Supplement #1) (09/08/1998)
- Use of Fixed Amount (Lump Sum) Payments to Utilities (23 CFR 645 Subpart A, Non-Regulatory Supplement) (10/05/1995)
- Highway Utility Guide (06/01/1993)
- Utility Relocation and Accommodation: A History of Federal Policy Under the Federal-Aid Highway Program, Part I: Utility Relocation (06/01/1980)
- Utility Relocation and Accommodation: A History of Federal Policy Under the Federal-Aid Highway Program, Part II: Utility Accommodation (06/01/1980)
- Federal Jurisdiction on the Massachusetts Turnpike (07/12/2004)