(1) O.C.G.A. § 32-6-174
grants the Department authority to promulgate reasonable regulations governing
the installation, construction, maintenance, renewal, removal, and relocation
of pipes, mains, conduits, cables, wires, poles, towers, tracks, traffic and
other such signals, and other equipment and appliances of any utility in, on,
along, over, or under any part of the state highway system or any public road
project which the Department has undertaken or agreed to undertake or which has
been completed by the Department pursuant to its authority.
(2) In managing the Public Rights-of-Way
obtained pursuant to the Department's authority, the Department requires
Permits and accompanying fees for the installation of any private or public
Utility within the Public Rights-of-Way.
For Communications Utilities, pursuant to
47 U.S.C. §
, states may require reasonable
compensation from providers of telecommunications services for use of Public
Rights-of-Way. The Permit fees that are set forth in this Chapter shall be
specifically designated to cover the Department's actual incurred costs of
administering the Permit program, which includes costs associated with the
approval and administration of Permits, the inspection of work on the Public
Rights-of-Way, and the continued occupancy by the permitted Utility on the
Public Rights-of-Way. The Permit fees shall not result in the recovery of more
than those actual incurred costs by the Department. The Department shall
perform or cause to be performed an audit of this Chapter and the Permit fees
set forth in Section
at a minimum every five
(5) years in order to ensure that Permit fees remain based on actual incurred
costs. Based upon the result of this audit, the Department may amend this
Chapter in accordance with the Georgia Administrative Procedure Act.
Ga. Comp. R. & Regs.
Original Rule entitled "Definitions" was filed as Emergency Rule
672-11-0.23-.01 on March 25, 1985;
effective March 21, 1985, the date of adoption, to remain in effect for a period of
120 days or until the effective date of a permanent Rule superseding this
Emergency Rule, as specified by the Agency. This Emergency Rule expired July
Amended: A permanent Rule of the same title adopted.
Filed July 1, 1985; effective
July 21, 1985.
Amended: New title "Purposes of Chapter." F.
Aug. 24, 2021; eff.
Sept. 13, 2021.