Haw. Code R. § 19-105-3 - Application
(a) This chapter shall apply to:
(1) New utility installations which are to
cross or otherwise occupy the rights-of-way of active or completed state
highways and federal-aid county highway projects.
(2) Existing utility facilities which are to
be retained, relocated or adjusted within the rights-of-way of active state and
federal-aid county highway projects.
(b) This chapter shall not apply to a minor
segment of an existing utility installation in such a manner as to result in
misalignment of the installation or adjustment of the entire installation;
however, in those cases where a hazardous condition exists, State shall
initiate appropriate corrective measures to provide a safe traffic
environment.
(c) Where existing
installations are to remain in place within the rights-of-way without
adjustment, the State and utility shall enter into an appropriate agreement as
described under sections 19-105-7 and 19-105-19, or existing agreements in
effect may be accepted or amended as appropriate.
(d) The application of this chapter on
federal-aid county highways shall be limited to county highways within the
designated federal-aid county system which were previously improved with
federal-aid funds.
(e) Existing
county highways within the designated federal-aid county system which have not
yet been improved with federal-aid funds are exempt from this chapter; however,
it would be desirable to apply this chapter to these highways.
(f) Section 19-105-6 shall apply only to
lands described therein which are acquired or improved with federal-aid highway
funds.
Notes
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