Definitions

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§ 1602. Definitions

The following words and phrases as used in this chapter shall have the following meanings:

(1) "Environmental considerations" are requirements set forth in any applicable permit or approval issued by a federal or state agency, board or commission responsible for the protection of scenic, natural, and historic resources.

(2) "Nondiscriminating local ordinances" are municipal ordinances that apply to similar development or construction, whether undertaken by an individual, a governmental body, or the municipality itself.

(3) "Relocation" means required adjustments of utility facilities necessitated by planned highway maintenance or construction activities. "Normal relocation" means constructing a replacement facility, in kind, that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, highway project economy or sequence of highway construction or maintenance.

(4) "Safety considerations" are requirements set forth in any applicable permit or approval issued by a federal or state agency, board, or commission responsible for highway and traffic safety.

(5) "Utility" means privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with the highway drainage or any other similar commodity, including any fire or police signal system or highway lighting system, which directly or indirectly serves the public. The term "utility" also shall mean the utility company inclusive of any wholly owned or controlled subsidiary. (Added 1995, No. 60, § 25, eff. April 25, 1995.)


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