Lines transporting manure within highway rights-of-way and providing a penalty. (FE)

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 or across the right-of-way of a state trunk highway.

Under current law, if a highway authority issues a driveway permit, the permit must contain the statement and be subject to the condition that the work must be constructed subject to rules and regulations prescribed by the highway authority and be performed and completed to its satisfaction, that for temporary alterations the highway be restored to its former condition, and that the permittee be liable for damages which occur during the progress of, or as a result of, the work. If work for which a permit is required is performed without a permit, or if a permit is issued and there is any violation of the foregoing with respect to the permit, the highway authority may restore the highway to its former condition and the violator is subject to a criminal penalty of a fine of not less than $5 nor more than $100 or imprisonment not exceeding six months or both.

This bill increases this penalty to a fine of not less than $50 nor more than $500 and specifies that, if the highway authority restores the highway to its former condition in connection with a violation, the restoration is done at the violator's expense.

Current law allows an applicant for a utility permit, whose application to construct "lines" within a highway right-of-way has been refused, to appeal to the Division of Hearings and Appeals in the Department of Administration.

This bill specifies that this appeal right also applies with respect to applications to construct pipes or pipelines.