Section 19-105-6 - Scenic areas The type and size of utility facilities and the manner and extent to which they are permitted within areas of scenic enhancement and natural beauty can materially alter the visual quality and view of highway roadsides and adjacent areas. These areas include scenic strips, overlooks, rest areas, recreation areas, the rights-of-way of highways adjacent thereto, and the rights-of-way of highways which pass through public parks and historic sites, as described under section 138, Title 23, United States Code.
(1) New utility installations are not to be permitted within the foregoing described lands, when acquired or improved with federal-aid funds, except as follows:(A) New underground utility installations may be permitted where they do not require extensive removal or alteration of trees visible to the highway user or impair the visual quality of the land being traversed.(B) New aerial installations are to be avoided at such locations unless there is no feasible and prudent alternative to the use of such lands by the aerial facility and it is demonstrated to the satisfaction of the division engineer that: (i) Other locations are not available or are unusually difficult and unreasonably costly, or are less desirable from the standpoint of visual quality;(ii) Undergrounding is not technically feasible or is unreasonably costly; and(iii) The proposed installation will be made at a location and will employ suitable designs and materials which give the greatest weight to the visual qualities of the area being traversed. Suitable designs will include, but are not limited to, self-supporting, armless, single-pole construction with vertical configuration of conductors and cable.(2) This section also applies to utility installations that are needed for a highway purpose, such as for highway lighting, or for serving a weigh station, rest or recreational area.(3) There may be cases of unusual hardship or other extenuating circumstances encountered involving some degree of variance with this chapter. These cases shall be subject to prior review and approval by the director.[Eff. MAY 30 1981] (Auth: HRS Sec. 264-24) (Imp: HRS Sec. 264-23)