Haw. Code R. § 19-105-19 - Use and occupancy agreements

(a) On active and completed state highway projects, the use and occupancy of the highway rights-of-way by utility facilities shall be in accordance with the prescribed policies and procedures of the Federal Highway Administration Federal-aid Highway Program Manual (FHPM) 1-4-4 and 6-6-3-2.

(b) Where utility facilities are to cross, or otherwise occupy, the right-of-way of an active or completed state highway project, the state and the utility shall agree in writing as to the terms of such use and occupancy, and the manner in which such facilities are to be accommodated thereon.

(c) The cost of any future removal, relocation, replacement, reconstruction or adjustment of utility facilities shall be in accordance with the provisions of section 264-33, Hawaii Revised Statutes.

(d) Where the utility proposes to install its utility facilities within any right-of-way of an active state highway project prior to the completion of final plans for the highway project, it is the policy of the department of transportation to deny the issuance of the permit required to be taken by the utility company or in the alternative require the utility company to await the completion of final plans for the project; unless the utility company shall agree in writing to bear the entire cost of the later relocation of any utility facility installed in the right-of-way if the relocation should become necessary during the initial construction of the highway project and waive any and all right to participation for such future relocation under existing or subsequent statutes as a result of the initial construction of the highway project.

Notes

Haw. Code R. § 19-105-19

[Eff. MAY 30 1981] (Auth: HRS Sec. 264-24) (Imp: HRS Sec. 264-23)