Haw. Code R. § 19-105-3

Current through September, 2024
Section 19-105-3 - Application
(a) This chapter shall apply to:
(1) New utility installations which are to cross or otherwise occupy the rights-of-way of active or completed state highways and federal-aid county highway projects.
(2) Existing utility facilities which are to be retained, relocated or adjusted within the rights-of-way of active state and federal-aid county highway projects.
(b) This chapter shall not apply to a minor segment of an existing utility installation in such a manner as to result in misalignment of the installation or adjustment of the entire installation; however, in those cases where a hazardous condition exists, State shall initiate appropriate corrective measures to provide a safe traffic environment.
(c) Where existing installations are to remain in place within the rights-of-way without adjustment, the State and utility shall enter into an appropriate agreement as described under sections 19-105-7 and 19-105-19, or existing agreements in effect may be accepted or amended as appropriate.
(d) The application of this chapter on federal-aid county highways shall be limited to county highways within the designated federal-aid county system which were previously improved with federal-aid funds.
(e) Existing county highways within the designated federal-aid county system which have not yet been improved with federal-aid funds are exempt from this chapter; however, it would be desirable to apply this chapter to these highways.
(f) Section 19-105-6 shall apply only to lands described therein which are acquired or improved with federal-aid highway funds.

Haw. Code R. § 19-105-3

[Eff. MAY 30 1981] (Auth: HRS Sec. 264-24) (Imp: HRS Sec. 264-23)