Wyoming Administrative Code › Agency 045 - Transportation, Dept. of › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 28 - UTILITY RELOCATION ASSISTANCE › Section 28-3 - Definitions

Current through July 13, 2024
(a) "Cost of relocation" means the entire
				amount paid by a utility properly attributable to relocation after deducting
				therefrom any increase in the value of the new facility, any salvage value
				derived from the old facility, and any betterments installed.
(b) "Increase in Value" also referred to as
				"Expired Service Life Credit" is a credit deducted by the utility from the
				total cost of the project for any relocated or adjusted line segment that
				exceeds one mile in length and for the relocation or replacement of buildings,
				pumping stations, regulator stations, power plants, electric substations, or
				any similar operational unit.
(c)
				"Betterment Credit" is a credit deducted by the utility from the total cost of
				the project for increases in size or capacity of the relocated, replaced or
				adjusted facility, except that: replacement of devices or materials no longer
				regularly manufactured may be substituted with the next higher size or grade;
				and, except that improvements made to the relocated facility to bring the
				facility within requirements of current laws, governmental regulations, and
				appropriate regulatory commission codes shall not be deemed a
				betterment.
(d) "Salvage Credit" is
				a credit deducted by the utility from the cost of the project for the amount
				received from the sale of utility property that has been removed, or the amount
				at which the recovered material is charged to the utility's accounts if
				retained for reuse.
(e)
				"Department" means the Wyoming Department of Transportation created by W.
				S.
										24-2-101.
(f) "Federal-aid highway system" means the
				federal-aid primary highway system, the federal-aid secondary highway system
				and the interstate highway system, including extensions of any of them within
				urban areas.
(g) "FAPG" means the
				Federal Highway Administration, Federal-Aid Policy Guide references to Title 23
				- code of federal regulations (CFR) and specifically to part 645 A titled
				Relocations, Adjustments and Reimbursements, and
				23 CFR
				645 B titled Accomodation of
				Utilities.
(h) "Utility, Utilities,
				or Utility Companies," for the purpose of this regulation, means all publicly,
				privately, cooperatively, and municipally owned utilities, regulated or
				unregulated, supplying electric power, telephone, or natural gas services to or
				for the public.
(i) "Highway
				right-of-way" means all of the property acquired by the Department for the
				construction, operation, and maintenance of highways and related facilities
				whether or not a highway has been constructed thereon.
(j) "Roadway Template" means the area of the
				road embankment from the roadway centerline across the shoulder to the drainage
				ditch and/or up or down to an intercept of the constructed slope with natural
				ground.
(k) "Clear Roadway Recovery
				Area" also referred to as "Clear Zone" means an obstruction free vehicle
				recovery area adjacent to the road traveled lane.
(l) "License or License Agreement" means the
				document and exhibit drawing used to apply for permission to occupy highway
				right-of-way, which upon approval by the Department becomes the permit to do
				so.
(m) "Joint Occupancy Agreement"
				means the document and exhibit drawings used to denote utility facilities who
				have a previous prior right for relocation/adjustment reimbursement and were
				incorporated into new highway right-of-way and/or facilities who had a prior
				right and were relocated into existing or proposed highway right-of-way. This
				document specifies future obligation to reimburse relocation/ adjustment
				expenses to the utility. Whether the utility's easement is acquired by the
				Department or it is agreed upon to coexist in the same corridor without
				restricting each others property rights.