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



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



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



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



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



(2)  The projects do not lend themselves to
undergrounding, such as:  resurfacing, traffic signal installation, drainage
installation, bikeway markings, guardrail installation, traffic markings, and
enhancement improvements. [L 1996, c 84, §2]



 



Cross References



 



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