§ 152.085  PARALLEL FACILITIES LOCATED WITHIN HIGHWAYS.
   (A)   Overhead parallel facilities. An overhead parallel facility may be located within the right-of-way lines of a highway only if:
      (1)   Lines are located as near as practicable to the right-of-way line and as nearly parallel to the right-of-way line as reasonable pole alignment will permit;
      (2)   Where pavement is curbed, poles are as remote as practicable from the curb with a minimum distance of two feet (0.6 m) behind the face of the curb, where available;
      (3)   Where pavement is uncurbed, poles are as remote from pavement edge as practicable with minimum distance of four feet (1.2 m) outside the outer shoulder line of the roadway and are not within the clear zone;
      (4)   No pole is located in the ditch line of a highway; and
      (5)   Any ground-mounted appurtenance is located within one foot (0.3 m) of the right-of-way line or as near as possible to the right-of-way line.
   (B)   Underground parallel facilities. An underground parallel facility may be located within the right-of-way lines of a highway only if:
      (1)   The facility is located as near the right-of-way line as practicable and not more than eight feet (2.4 m) from and parallel to the right-of-way line;
      (2)   A new facility may be located under the paved portion of a highway only if other locations are impracticable or inconsistent with sound engineering judgment (e.g., a new cable may be installed in existing conduit without disrupting the pavement); and
      (3)   In the case of an underground power or communications line, the facility shall be located as near the right-of-way line as practicable and not more than five feet (1.5 m) from the right-of-way line and any above-grounded appurtenance shall be located within one foot (0.3 m) of the right-of-way line or as near as practicable.
(Prior Code, § 33-10-15)