The type and size of utility facilities and the manner and
extent to which they are permitted within areas of scenic enhancement and
natural beauty can materially alter the visual quality and view of highway
roadsides and adjacent areas. These areas include scenic strips, overlooks,
rest areas, recreation areas, the rights-of-way of highways adjacent thereto,
and the rights-of-way of highways which pass through public parks and historic
sites, as described under section 138, Title 23, United States Code.
(1) New utility installations are not to be
permitted within the foregoing described lands, when acquired or improved with
federal-aid funds, except as follows:
(A) New
underground utility installations may be permitted where they do not require
extensive removal or alteration of trees visible to the highway user or impair
the visual quality of the land being traversed.
(B) New aerial installations are to be
avoided at such locations unless there is no feasible and prudent alternative
to the use of such lands by the aerial facility and it is demonstrated to the
satisfaction of the division engineer that:
(i) Other locations are not available or are
unusually difficult and unreasonably costly, or are less desirable from the
standpoint of visual quality;
(ii)
Undergrounding is not technically feasible or is unreasonably costly;
and
(iii) The proposed installation
will be made at a location and will employ suitable designs and materials which
give the greatest weight to the visual qualities of the area being traversed.
Suitable designs will include, but are not limited to, self-supporting,
armless, single-pole construction with vertical configuration of conductors and
cable.
(2) This
section also applies to utility installations that are needed for a highway
purpose, such as for highway lighting, or for serving a weigh station, rest or
recreational area.
(3) There may be
cases of unusual hardship or other extenuating circumstances encountered
involving some degree of variance with this chapter. These cases shall be
subject to prior review and approval by the director.
