R930-8-6. Relocation

  The basic concept when relocating utility facilities is to functionally restore the Utility's operation facilities that existed prior to the Department constructing a highway project.

  (1) The Department incorporates by reference 23 CFR Section 645, subpart A (05/15/1985), for all utility facility relocations required by the Department's highway projects. For deviations in determining whether the Utility's real property needed for the highway project should be handled as a utility relocation or right-of-way acquisition, rule R930-7-13(5) shall apply.

  (2) If the Utility's regulatory and construction requirements can be met, the Department may require utility companies to jointly occupy trenches for the highway construction projects. To the extent Utilities have valid agreements concerning the joint use of above ground facilities, the Utilities shall cooperate with each other for the relocated joint use.

  (3) If a Utility determines the existing utility facilities do not need to be replaced or are not needed to maintain its operational facilities, payment for the real property, which is needed to accommodate the construction of the highway project where the utility facilities are located, shall be handled as a right-of-way acquisition.