045-28 Wyo. Code R. § 28-4

Current through April 27, 2019
Section 28-4 - Regulation

The Department will reimburse utilities with less than fifteen thousand (15,000) customer access lines or customer meters at the rate of fifty (50) percent of the actual cost of relocation or adjustment of utility facilities from federal-aid highway system road right-of-way subject to the following stipulations:

(a) The utility provides certification as to its total customer access lines or customer meters.

(b) The utility submits detailed cost estimates and a detailed final bill showing the total cost of relocation reduced by the expired service life credit, salvage credit, and betterment credit.

(c) The utility cost estimate and final bill shall break out in separate detail those charges reimbursable at one hundred percent due to provisions of other law, the constitution of this state or of the United States, binding agreements inuring to the utility's benefit, and/or private property rights held by the utility, from those costs incurred by the relocation/adjustment of facilities located on existing highway right-of-way.

(d) The reimbursement being sought is for the relocation/adjustment of facilities in actual conflict with the proposed construction of the roadway template, drainage facilities, structures, borrow areas, and other roadway appurtenances or highway related facilities, or where the utility facility is in conflict with the clear roadway recovery area of the proposed road.

(e) The utility facility for which reimbursement is being sought was located on the highway right-of-way under a license or license agreement issued by the Department and constructed in close conformance with the exhibit drawing and Department's stipulations. Relocation of non-licensed facilities is not reimbursable under this regulation.

(f) Except for the reimbursement provision of this regulation, all other stipulations of the Federal Highway Administration, as outlined in the applicable parts of 23 CFR 645 A and 645 B shall remain in force.

(g) The relocation or adjustment of facilities crossing the highway right-of-way below or above ground is not considered reimbursable under this regulation unless the crossing is part of a parallel line that is being relocated.

045-28 Wyo. Code R. § 28-4