045-4 Wyo. Code R. § 4-6

Current through April 27, 2019

Section 4-6 - Other Roads on the State or Federal Highway System

(a) General Requirements. Proposed occupancy of highway rights-of-way for non-highway purposes shall meet the following criteria:

(i) The proposed facility shall directly or indirectly serve the general public. (See Private and Public Utilities and Governmental Facilities under Definitions.)

(ii) Adequate right-of-way is available and the proposed occupancy does not interfere with or restrict in any way the maintenance, operation, upgrading, and reconstruction of the road and its related facilities like: signs, delineators, guardrail, signals, drainage pipes, ditches, slopes, stock passes, bridges, fences, etc.

(iii) The safety of the public is not impaired in any way during construction, operation, and maintenance of the facility.

(iv) Clear recovery area (clear zone) criteria is not violated.

(v) Major feeder lines of sufficient capacity shall be brought across the R/W to service developing areas instead of individual lines for each customer.

(b) Private Lines; Highway R/W Owned by the Department.

(i) Crossings
Privately owned facilities which are operated for private purposes may be allowed to cross the R/W.

(ii) Parallel encroachments
Generally not permitted unless unusual hardship or extenuating engineering, environmental, or aesthetic considerations make construction outside of the R/W extremely difficult or costly.

(iii) Construction methods and safety provisions shall be in compliance with this regulation and as directed by the Department.

(c) Private Lines; Highway R/W on Easement. When the Department holds an easement for highway or transportation purposes from a private landowner, privately owned lines that are operated for private purposes may cross or encroach upon the highway easement as in Para. (ii) above. (Previous case law and legal opinions uphold the following: "The highway rights-of-way are held in trust for the use of the citizens of the State of Wyoming as that may be determined by law. The fact a portion of its right-of-way is held by an easement for highway purposes as opposed to a fee simple interest does not create a greater or lesser estate in the public in and to the land embraced within the rights-of-way or create any difference in the way the public may utilize the right-of-way for highway purposes. The State is legally able to utilize the land within the boundaries of the highway for all lawful purposes consistent with every reasonable method of travel, transportation, and communication for which public highways are normally used." Extract from Opinion No. 88-003, dated January 15, 1988, by Joseph B. Meyer, Attorney General and Lawrence A. Bobbitt, III, Senior Assistant Attorney General, based on Wyoming Statute 1-26-813.)

(d) Private & Public Utility Lines; Highway on Federal Land. When the highway easement is on Federal land, the applicant is required to obtain permission from the applicable Federal agency which administers the land, after the Department has approved the proposed utility line construction.

(e) Private & Public Utility Lines; Highway on Railroad Operating R/W. When the Department's roads cross a railroad operating right-of-way, whether at grade or on a separation structure, the railroad reserves the exclusive right to license secondary use by any type of utility facility. The utility shall first secure permission from the railroad to cross or encroach upon the rights held by the Department and then furnish the railroad's approval to the Department for issuance of a license. Failure to first obtain railroad approval shall jeopardize the rights granted to the Department by the railroad.

(f) Public Utilities; Highway R/W on Easement or Department Owned.

(i) General
Crossings and parallel encroachments may be granted to companies, corporations, districts, and joint powers boards organized under the laws of the State, Boards of Public Utilities, facilities belonging to the State or Federal Government, and facilities of the various political subdivisions of the State, who are providing a direct or indirect service to the public.

(ii) See Section 6(a) for General Requirements.

(iii) See Section 6(d) for Federal Lands.

(iv) See Section 6(e) for Railroad Operating R/W.

(v) All other applicable provisions of this regulation, the license form, or the license agreement, and other stipulations of the Department shall be complied with.

045-4 Wyo. Code R. § 4-6