Current through December 10, 2024
Section 37-1-7501-06001-401 - New Utility Installations Along Freeways:1. Installation of new utilities will not be permitted longitudinally within the control of access lines of any freeway, except that in special cases such installations may be permitted under strictly controlled conditions. The location of such installations, if permitted, will generally be restricted to the outer ten (10) feet of the right of way. Installation of utilities will not be allowed longitudinally within the median area. 2. Some special cases, referenced above, that may warrant accommodation on the right of way are (1) significantly undesirable social, economic, or environmental effects on adjacent property, (2) prohibitively excessive right of way costs on areas adjacent to the freeway, (3) unique nature of adjacent property (irreplaceable historical, parkland, recreational or other function), (4) temporary, short-term emergency needs, (5) Communication utility lines, such as fiber optic or telephone lines, crossing the Mississippi River or other circumstances that the Mississippi Transportation Commission may specifically authorize. 3. Where such longitudinal installations are requested, the utility owner must in each case show that: a. The accommodation will not adversely affect the safety, design, construction, operation, maintenance or stability of the freeway. b. The accommodation will not be constructed and/or serviced by direct access from the through traffic roadways or connecting ramps. c. The accommodation will not interfere with or impair the present use or future expansion of the freeway; and, d. Any alternative location would be contrary to the public interest. This determination would include an environmental evaluation of the direct and indirect environmental and economic effects covering on and off right of way alternates. 37 Miss. Code. R. § 1-7501-06001-401