A guide for accommodating utilities within highway right of way
While most public utilities are members of the one-call system, some city water and sewer departments may not be members of the one-call system.Kansas law requires excavators to call for utility locates two business days before they dig. 7 Clear Zones and Horizontal Placement of Utilities in the Right-of-Way... It was developed primarily for counties and smaller cities that do not have regulations in place, or that need to update their regulations and procedures. This guide examines current issues and practices in Kansas and provides general recommendations that cities and counties can use to manage their right-of-way in the best interest of the traveling public, public agencies and the utilities. State law also provides that cities and counties may establish rules and regulations governing the use of public right-of-way as long as the rules are competitively neutral and are not unreasonable or discriminatory. Power box set close to street due to lack of adequate easement behind the sidewalk... Water meter in clear zone improperly set too high... State law authorizes public utilities to use road right-of-way, provided they do not obstruct or hinder the usual travel, adversely affect public safety, or obstruct the legal use by other utilities.Our sincere appreciation is extended to the following officials who provided additional insights into the issues from their perspective by participating in a detailed interview: Michael D. Public Utility A public utility is generally a commercial company or agency that provides and sells electricity, water, gas, telephone, cable TV, sewer or natural gas to homes and businesses.
The rights-of-way to construct and maintain these public roads have been acquired by the various agencies over the years through various means such as road petitions, purchase, and dedication through platting.
2 Section 1 General Items Reasons for Managing Utilities in Road Right-of-Way The primary purpose of road right-of-way is for public travel.
The city or county that owns the right-ofway has some responsibility to see that utilities are installed in a way that minimizes traffic safety issues and does not unnecessarily hinder travel on the right-of-way.
Federal and State law establishes that if utilities have compensable interests, they may qualify for reimbursement of the cost of adjustment of their facilities when made necessary by highway construction.
Utilities may also be eligible for reimbursement of the expense of obtaining replacement right of way for utility adjustments.
The 2003 Edition of the MUTCD has been adopted by the Secretary of Transportation for use on public roads and streets in Kansas.