318.9 - UTILITY STRUCTURES.

        318.9  UTILITY STRUCTURES.         1. a.  A utility structure in a highway right-of-way used for      telephone, electric, natural gas, or other distribution or      transmission purposes shall be removed by the owner or operator of      the transmission lines upon written notice from the highway authority      of not less than ninety days, to the owner and operator.  The notice      shall, with reasonable certainty, specify the utility structure to be      removed and shall be served in the same manner that original notices      are required to be served.  If the owner or operator of the      transmission line is unable to remove the utility structure within      the required time due to circumstances beyond the control of the      owner or operator, the owner or operator shall file a request with      the highway authority for an extension of time to complete the work.         b.  If the owner or operator of a transmission line needs      authorization from the utilities board or other governmental      authority to relocate a utility structure or to obtain a new private      easement right for relocation of the utility structure, the owner or      operator shall request an extension of time within which to remove      the utility structure.  The highway authority shall grant an      extension of time for at least ninety days following the date      authorization is granted or the easement right is obtained.         2.  Upon written application, the highway authority shall locate      the construction of new telephone, electric, or transmission lines or      parts of lines, including natural gas pipeline, for the roads within      the highway authority's jurisdiction, subject to the jurisdiction of      the utilities board under chapters 476, 478, and 479, as follows:         a.  The county engineer, or the board of supervisors if a      county engineer is not available, shall locate the lines for      secondary roads.         b.  The department shall locate the lines for primary roads.         3.  The department and the county engineer, or the board of      supervisors if a county engineer is not available, may designate the      location of a utility structure within a highway right-of-way.  A      utility structure that is not properly located within the highway      right-of-way shall be removed within a time prescribed to a      designated location.  If not so removed, the highway authority may      remove the utility structure and recover costs as provided in section      318.5.  
         Section History: Recent Form
         2006 Acts, ch 1097, §9         Referred to in § 306.46         Manner of service, R.C.P. 1.302--1.315