Administrative Rule Review Report  #AR10-074

Legislative Service Office

22-Oct-10

 

AGENCY:                                 Department of Transportation.

 

DATE SUBMITTED:                   October 22, 2010.

 

SUBJECT:                                 Chapter 24, Highway Right-of-Way Encroachment.

 

NATURE OF RULES:                     Legislative and procedural        

 

STATUTORY AUTHORITY:         W.S. 24-2-105 and 24-10-105

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  The Agency did receive one comment regarding the proposed rules complaining that the proposed rules will limit local flexibility in dealing with right-of-way encroachments.  The Agency did not amend the proposed rules in response to this comment because the proposed rules increase rather than decrease flexibility.

 

SUMMARY OF RULES:

 

These rules amend the Department of Transportation's rules, Chapter 24, Highway Right-of-Way Encroachment.  The rules have been amended to require accommodation of local conditions in Section 4, allow hardship parallel utility runs in defined circumstances, delete Section 11 which dealt with conducting business from a right-of-way, allow variances based on justification and site conditions, delete provisions prohibiting the paving of rights of way and set standards for parking vehicles within a right-of-way.  The rules also provide new definitions, amend old definitions and make numerous grammatical changes.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:   That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                            _______________________

                                                            Ian Shaw

                                                            Staff Attorney

 

 

                                                            _______________________

                                                            Lynda G. Cook

                                                            Staff Attorney

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