Mo. Rev. Stat. § 67.1842

Current with changes from the 2023 Legislative Session
Section 67.1842 - Prohibited acts by political subdivisions - no right-of-way permit required for projects commenced prior to August 28, 2001 - no fee required, when
1. In managing the public right-of-way and in imposing fees pursuant to sections 67.1830 to 67.1846, no political subdivision shall:
(1) Unlawfully discriminate among public utility right-of-way users;
(2) Grant a preference to any public utility right-of-way user;
(3) Create or erect any unreasonable requirement for entry to the public right-of-way by public utility right-of-way users;
(4) Require a telecommunications company to obtain a franchise or require a public utility right-of-way user to pay for the use of the public right-of-way, except as provided in sections 67.1830 to 67.1846;
(5) Enter into a contract or any other agreement for providing for an exclusive use, occupancy or access to any public right-of-way; or
(6) Require any public utility that has legally been granted access to the political subdivision's right-of-way to enter into an agreement or obtain a permit for general access to or the right to remain in the right-of-way of the political subdivision.
2. A public utility right-of-way user shall not be required to apply for or obtain right-of-way permits for projects commenced prior to August 28, 2001, requiring excavation within the public right-of-way, for which the user has obtained the required consent of the political subdivision, or that are otherwise lawfully occupying or performing work within the public right-of-way. The public utility right-of-way user may be required to obtain right-of-way permits prior to any excavation work performed within the public right-of-way after August 28, 2001.
3. A political subdivision shall not collect a fee imposed pursuant to section 67.1840 through the provision of in-kind services by a public utility right-of-way user, nor require the provision of in-kind services as a condition of consent to use the political subdivision's public right-of-way; however, nothing in this subsection shall preclude requiring services of a cable television operator, open video system provider or other video programming provider as permitted by federal law.

§ 67.1842, RSMo

Amended by 2014 Mo. Laws, SB 649,s A, eff. 8/28/2014.
Amended by 2013 Mo. Laws, HB 331,s A, eff. 8/28/2013.
L. 2001 S.B. 369