SB 390

This bill specifies the process for authorizing pipelines or hoses transmitting

liquid manure within or across a highway right-of-way.

Under current law, no person may excavate, fill, install a culvert in, or

otherwise alter or disturb any highway without a permit (often referred to as a

driveway permit) from the authority maintaining the highway (highway authority).

Current law also requires written consent (often referred to as a utility permit) of the

highway authority before utility lines or pipes, including water pipes, are

constructed within or across the limits of a highway.

Also under current law, upon application, if certain conditions are satisfied, the

governing body of a municipality may grant a "privilege" to place an obstruction or

excavation within a highway in a municipality. A privilege is not required to be

granted for an obstruction or excavation that is in place for less than 90 days and for

which a permit has been granted.

Under this bill, a utility permit, issued by the applicable highway authority, is

required to construct a subterranean pipe or pipeline transmitting liquid manure

within or across a highway right-of-way. A utility permit, issued by the Department

of Transportation, is also required if the pipe or pipeline transmitting liquid manure

is not subterranean but crosses or lies within the right-of-way of a state trunk

highway. A utility permit may be obtained, but is not required, for a pipe or pipeline

transmitting liquid manure that is not subterranean and does not cross or lie within

the right-of-way of a state trunk highway; however, if a utility permit is not

obtained, a driveway permit from the local highway authority is required.

Under this bill, for purposes of a driveway permit, a manure hose is defined as

a hose, pipeline, or other conduit, whether temporary or permanent, for the

transmission of liquid manure within or across a highway right-of-way to a

destination for spreading in a farm field or for storage. The bill specifies that a

driveway permit authorizing the permittee to lay out or install any manure hose

within or across a highway right-of-way may also authorize the permittee to

temporarily affix to a bridge under the jurisdiction of the highway authority hooks,

flanges, fasteners, or other devices to or by which a manure hose may be attached or

supported. The highway authority may require the driveway permit applicant to

submit, for approval, a plan specifying how the manure hose would be attached to

or supported by the bridge. The driveway permit may impose reasonable conditions

related to the authorization provided under the permit.

The bill also clarifies that, if a utility permit is issued for a pipe or pipeline

transmitting liquid manure, a driveway permit is not required and, if either a utility

permit or driveway permit is issued, a privilege granted by a municipality is not

required. The bill further specifies that a driveway permit may not be issued for a

subterranean pipe or pipeline transmitting liquid manure within or across a

highway right-of-way or for a pipe or pipeline transmitting liquid manure within