Public Utility Easements _PUE's_ relating to liability issues

							       UTILITIES PERMITTING OF PLACEMENT OF PROPANE


                               Requested by: Delaware
                             Survey Deadline: June 7, 2007
Question:
Delaware asks:

In Delaware, a propane supplier is attempting to introduce legislation to permit propane
distribution pipelines within the state right of way. I need to know which, if any, states
allow propane in the right of way.

Thanks,

Francis J. (Fran)Hahn, PE, AICP, Utilities Engineer

Delaware Department of Transportation

302-760-2269


                                          MAINE


Maine statute allows gas utility distribution and transmission lines in the state right of
way. It makes no distinction as to the type of gas. MaineDOT's accommodation policy
contains some regulations for utility gas lines in the right of way; however, it too does not
distinguish as to what type of gas it is.

Charles Horstmann, Utility Engineer

                                       MARYLAND

MSHA allows gas transmission and distribution in state right-of-way, with the exception
of controlled access right-of-way. Our policy just states gas as being a utility, but does
not differentiate between propane or natural gas. However, to date, I'm not aware of any
propane lines within MSHA rights-of-way.

Nelson P. Smith, Jr.

Statewide Utility Engineer

Maryland State Highway Administration

211 East Madison Street, mailstop MLL4

Baltimore, Maryland 21202

(410) 545-5546
nsmith@sha.state.md.us

                                      OKLAHOMA


We do not have any public utilities conveying propane longitudinally within public right-
of-way. We probably do have an isolated number of propane crossings by permit.

Kurt A. Harms

Chief, Right-of-Way & Utilities

Okla. Dept. of Trans.

200 N.E. 21st Street

Okla. City, OK 73105

(405)521-2661 Office

(405)522-1858 Fax

                                        OREGON


Oregon allows just about anything, however. The law (Oregon Revised Statute) is
shown below.

 758.010 Authority to construct lines and facilities; requirements and conditions by public
officials. (1) Except within cities, any person or corporation has a right and privilege to
construct, maintain and operate its water, gas, electric or communication service lines,
fixtures and other facilities along the public roads in this state, as defined in ORS
368.001 or across rivers or over any lands belonging to the state, free of any charge
other than charges allowed under section 2, chapter 664, Oregon Laws 2001, and over
lands of private individuals, as provided in ORS 772.210. Such lines, fixtures and
facilities shall not be constructed so as to obstruct any public road or navigable stream.

Matthew C. Caswell, P.E., P.L.S.

State Utility Engineer

Oregon Dept. of Transportation

355 Capitol St NE

Salem, OR 97301-3871

(503) 986-3658

                                          UTAH
Utah does not allow propane in the right of way.

Justin Sceili

Statewide Permits and Utilities Coordinator

4501 S 2700 W

Box 148420

Salt Lake City, Utah 84114

Office: 801 964-4528

Fax: 801 965-3822

                                    SOUTH CAROLINA


The South Carolina Department of Transportation does not allow the location of any new
utilities within the right of Way. In some cases we have allowed existing utilities to
remain within the Right of Way but any relocation must be outside of the right of Way.

I hope this information is helpful to you.

Thanks,

Mark

Mark C. Attaway

State Utility Engineer

South Carolina Department of Transportation

955 Park Street, P.O. Box 191

Columbia, SC 29202-0191

Office Number 803-737-1296

Fax Number 803-737-6045

                                     SOUTH DAKOTA


South Dakota has nothing which would prohibit such pipelines except that they would
not be allowed in the Interstate ROW except for crossings.

Generally speaking, pipelines would probably not locate in the ROW because they would
have to move at their own expense for any future highway construction.
It would be up to the Area Engineer to decide if the installation was appropriate for any
particular stretch of highway.

                                         ARIZONA

 Crossings only. No longitudinal access except if within an established utility corridor.

Bruce Vana

Engineer - manager

Utility and Railroad Engineering Section

bvana@azdot.gov

                                    NEW HAMPSHIRE


New Hampshire has a few propane facilities in the ROW however in all cases they were
installed prior to the local Maintenance forces' adherence to our UAM. In most cases the
companies are no longer in business. When they are impacted by our projects we
have a very difficult, and at times it is impossible, time tracking down a responsible party.

Chuck

                                        MICHIGAN


Michigan does allow propane distribution pipelines within the highway right-of-way.

Mark A. Dionise, P.E.

Michigan Department of Transportation

Utility Coordination and Permits Engineer

(517) 373-7682

                                       TENNESSEE


TDOT permits lateral crossings if the permit requestor has property rights adjacent to
each side of the state ROW. TnDOT does not prohibit a property owner from the use of
their property rights. Permit would be in accordance with hazardous pipeline installation
rules and regulations.

TDOT doe not permit longitudinal installations of "private" facilities. To date we have not
been approached regarding a propane, public nor private, longitudinal installation but
similar oil field accumulation lines, methane gas lines, aviation fuel, have been denied
access based on "private transmission point A to point B" criteria. If the propane line
were a "public" utility, the issue would be reviewed in that context.
Joe Shaw

TDOT Utilities Office

Suite 600 JK Polk Bldg.

Nashville, TN 37243-0337

E-mail: joe.shaw@state.tn.us

Phone: 615.741.2891

Fax: 615.532.1548

CELL: 615.202.7268

                                  NORTH CAROLINA



NC would allow parallel propane distribution lines within the state R/W's except for C/A
corridors. As of to date we have not been requested to permit propane lines within the
right of way.

NC would not need legislative approval based on existing legislation giving all public
utility companies approval to utilize the NCDOT R/W's upon approval by the
department.

J. Robert Memory

State Utility Agent

NC Department of Transportation

1 South Wilmington St.

1555 Mail Service Center

Raleigh, NC 27699-1555

919-733-7932 x 373 (w)

                                       ALABAMA

In Alabama, I am not aware of a request to install a propane line on our ROW.

Robert G. Lee

State Utilities Engineer

Alabama DOT
1409 Coliseum Blvd.

Montgomery, AL 36110
334.242.6155


                                     NORTH DAKOTA

The NDDOT allows utilities in the right of way and haven't excluded any as of yet, with
exception of the interstate right of ways.

                                         CALIFORNIA

California response:

In California, propane meets the definition of a private facility under section 13.01.03.00
as a privately owned utility facility, and when conflict occurs it is handled by the
appraisal/acquisition process vs. utility relocation.

Section 13.01.03.01 states that transverse crossings may be allowed as long as they
met department standards, however, longitudinal are generally prohibited "as the free
use of public property by private entities is tantamount to a gift of public funds." This can
occur, but an exception must be obtained from the Encroachment Permit section.

The Right of Way Manual may be accessed on-line at http://www.dot.ca.gov.

Lorrie L. Wilson

Office of Organizational Development and Utility Relocations Division of Right of Way
and Land Surveys

916/653-2132

ATSS 8-453-2132

                                           TEXAS

Assuming that we are referring to a public utility, located longitudinal to the state right of
way, carrying legal material, the pipeline will be categorized as either high or low
pressure. It is not a matter of what is being transported through the line, but how it is
categorized. The following is a link to TXDOT Utility Accommodation Rules:
http://www.txdot.gov/publications/right_of_way.htm

Thanks,

Charon Jones

Utilities Agent, Right of Way Division

Texas Department of Transportation
(512) 416-2956

cjones4@dot.state.tx.us

Explore solutions to "Keep Texas Moving" at the Texas Transportation Forum, July 18-
20, in Austin, Texas.

Find out more at www.texastransportationforum.com

                                      MONTANA

Montana: Only if they are a "Public Utility Company"

Walt Scott

Supervisor - Utility Section

Right-of-Way Bureau

2701 Prospect Avenue

PO Box 201001

Helena, Montana 59620-1001

(406)444-6080

                                      GEORGIA

We have not had any inquiries for propane installations on R/W; but what would be the
difference between propane and natural gas lines?

Jeff Baker, P.E.

State Utilities Engineer

Georgia Dept. of Transportation

935 E. Confederate Ave., Bldg. #24

Atlanta, GA. 30316

404-635-8045 (w)

404-635-8066 (fax)

                                     WISCONSIN

In WisDOT's Utility Accommodation Policy,
http://www.dot.wisconsin.gov/business/rules/docs/9601.pdf

we have the following definitions:
9. Private Utility Facilities

Facilities which convey or transmit the commodities as defined by utility (#13), but are
owned and operated by an individual(s) or non-utility business and are not accessible to
the public.



13. Utility

Any corporation, company, individual or association, including their lessees, trustees or
receivers, or any sanitary district, cooperative association, town, village or city that owns,
operates, manages or controls any plant or fixed equipment within this state for the
conveyance of communications, electric power, light, heat, fuel, gas, oil, petroleum
products, water, steam, fluids, sewerage, drainage, irrigation, or similar facilities.

The owners or operators of cable television systems, cellular phone and paging
(wireless) systems, publicly owned fire or police signal systems, traffic and street lighting
facilities or privately owned facilities which perform any of the utility functions above.



As long as a propane company met the definition in #13 and not #9, they could be
permitted to occupy our right-of-way.

If they only met the definition in #9, then they would be consider a private utility. Any
private utility that wants to longitudinally occupy WisDOT right-of-way would have to
show that it was in the public interest to do so, and/or or show that it was a hardship to
obtain or locate through private easements. The Federal Highway Administration,
Wisconsin Division, would also have to approve of this type of utility installation.



I think the key would be how the company plans to use the distribution line. If the
propane company was going to allow service taps into its distribution line to serve
individual customers, that seems to fit a public use. If the line was strictly for moving
propane between its own sites, that seems to fit a private use.

Bob Fasick

Wisconsin DOT

Bureau of Highway Operations

Right-Of-Way Accommodation & Permitting

608/266-3438

robert.fasick@dot.state.wi.us
                                       NEW YORK

Yes, New York State does allow artificial gas as per NYS Transportation Corporation
Law (excerpt below):

http://caselaw.lp.findlaw.com/nycodes/c120/a3.html

S 11. Powers. Every such corporation shall have the following powers:

1. A gas corporation and a gas and electric corporation shall have power to manufacture
gas, and to acquire natural or artificial gas and to mix the gases and to sell and furnish
gas for light, heat or power; and to lay conductors for gas in the streets, highways and
public places, in each city, village and town in the county or counties named in its
certificate of incorporation, with the consent of the municipal authorities of such city,
village or town, and under such reasonable regulations as they may prescribe.

  2. Every corporation having authority under any general or special law or under any
charter or franchise, to lay down, erect or maintain pipes, conduits, ducts or other
fixtures in, over or under the streets, highways and public places of any municipality for
the purpose of furnishing or distributing natural gas, may acquire and supply for public
use artificial gas.

 Where any gas corporation is serving natural gas under permits or franchises
permitting the laying or maintaining of mains or pipes and conveying natural gas, and the
supply of natural gas has become inadequate or insufficient to give reasonable service
to consumers in the municipalities served by it, such gas corporation may supply artificial
gas or a mixture of natural and artificial gases under such permits or franchises.

 3. An electric corporation and a gas and electric corporation shall have power to
generate, acquire and supply electricity for heat or power in cities, towns and villages
within this state, and to light the streets, highways and public places thereof, and the
public and private buildings therein; and to make, sell or lease all machines, instruments,
apparatus and other equipments therefore, and for transmitting and distributing
electricity, to lay, erect and construct suitable wires or other conductors, with the
necessary poles, pipes or other fixtures in, on, over and under the streets, avenues,
public parks and places in such cities, towns or villages, with the consent of the
municipal authorities thereof, and in such manner and under such reasonable
regulations, as they may prescribe

                                     PENNSYLVANIA

We do not have any propane lines within our highway right-of-way. However, I am not
aware of any legislation that prohibits it.

Gary C. Fawver, PE

Chief

Utilities and Right of Way Section

gfawver@state.pa.us