TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530 ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.800 DENIAL OF APPLICATIONS
Section 530.800 Denial of Applications
a) A permit shall be granted unless the Department makes any of the following findings:
1) that an applicant has a history of not responding to Department requests;
2) there is no public need for the placement of the requested facility on the highway right-of-way;
3) the placement of the requested facility on the highway right-of-way will unduly threaten the safety and convenience of highway users;
4) that the proposed facility, its installation, or its maintenance will interfere with the ability of the Department to construct, maintain, operate or improve the highway, including appurtenant facilities;
5) the proposed installation is not in compliance with this Part; or
6) that the applicant does not have liability insurance sufficient to satisfy Section 530.50 Indemnification and Insurance.
b) If an application for a permit is denied, the Department will submit a letter to the utility company explaining the reason for denial. The application may be resubmitted for consideration if the application can be modified to meet the Department's objections as specified in the letter of denial.