227.553. Utility facilities located in right-of-way, survey required--notification requirements.
Utility facilities located in right-of-way, surveyrequired--notification requirements.
227.553. 1. At the earliest possible date in the design of aconstruction project on a state highway, the commission shall attempt todetermine what utility facilities are located within the right-of-way ofthe planned construction project by researching permit files and reviewingmap files maintained by the commission. The commission shall also, asnecessary, conduct field investigations and contact local governments toidentify any utility facilities within the right-of-way.
2. Within thirty days of completion of the survey conducted undersubsection 1 of this section, the commission shall notify in writing ownersof each known utility facility that a construction project is planned thatmay conflict with their utility facility. The notification shall includethe name or route number of the highway, the geographical limits of theplanned construction project*, a general description of the work to be doneincluding a preliminary plan, the desired date for completion of arelocation plan, and the anticipated month and year a letting date could beset for the construction project.
3. The owner shall examine the notice and notify the commission inwriting of any utility facility not correctly described in the commission'snotice. Within sixty days of receiving the notice required in subsection 2of this section, the owner shall provide a written response to thecommission. The response shall describe and provide the general locationof each utility facility of the owner by confirming the location shown inthe commission's notice or by providing additions or corrections.
(L. 2005 H.B. 209 § 227.243)Effective 1-01-06
*Word "protect" appears in original rolls.