Section 5-15 - Denial of Request to Construct on Highway Right-of-Way Wyoming Statute 1-26-813 states that public utility facilities and fixtures may be set along, across or under any public roads, streets and waters of this state in such a manner as not to inconvenience the public in their use.
(a) Based on the provisions of this statute, and the exercise of good engineering judgement weighed against the public good, the Department may deny occupancy of highway right-of-way by utility facilities under the following conditions: - (i) The facility will interfere with ongoing maintenance operations.
- (ii) In backslopes of erosive soils or slopes steeper than 2:1.
- (iii) Within the roadway template except for buried facilities that cross at a safe distance below the drainage ditch, and except in urban areas or city street roadway templates where poles may be placed behind the sidewalk, slopes permitting, and buried facilities may be placed under the traveled lanes or sidewalk.
- (iv) In road segments where it is known that road construction will take place in the near future.
- (V) Any other area within the highway right-of-way where, from an engineering, maintenance, or traffic safety point of view, the operations of the Department will be hindered.
- (vi) Within the limits of the clear recovery area as determined by use of the AASHTO Guide for Selecting, Locating, and Designing Traffic Barriers and the Roadside Design Guide, or similar criteria normally used in highway design.
045-5 Wyo. Code R. § 5-15