[§264-33.5]  Underground installationof utility facilities along federal-aid highways; when required; when waived. (a)  The director of transportation shall arrange for the installation of allutility cables and facilities below the ground, within a berm or away from thealignment of a highway, during the design or redesign and construction orreconstruction phases of any new or existing federal-aid highway project, whena determination is made that federal highway funds are available to pay for thefederal share of the cost differential between underground and overheadfacilities.

(b)  The director of transportation may makeexceptions to subsection (a) if:

(1)  The director determines that exceptions areappropriate due to either:

(A)  Any of the following criteria: environmental, safety, research, technology, corridor alignment, or managementconcern; or

(B)  The following criteria collectively: state funding impacts, economic feasibility, and federal funding concerns; or

(2)  The projects do not lend themselves toundergrounding, such as:  resurfacing, traffic signal installation, drainageinstallation, bikeway markings, guardrail installation, traffic markings, andenhancement improvements. [L 1996, c 84, §2]

 

Cross References

 

  Overhead or underground construction of high-voltage electrictransmission lines, see §269-27.6.