| (a) All matters relating to the leasing of federal-aid highway
right of way are subject to the approval of the Federal Highway Administration.
(b) The use of leased right of way beneath the established
gradeline of a highway shall provide sufficient vertical and horizontal clearances
for the construction, operation, maintenance, ventilation, and safety of highway
facilities.
(c) The use of leased highway right of way above the established
gradeline of the highway shall provide for vertical and horizontal clearances.
(d) Piers, columns, or any other portion of any improvements
to be constructed on the leased right of way shall not be erected in a location
that will interfere with the visibility or reduce sight distance or in any
other way interfere with the safety and free flow of traffic or level of service
on highway facilities.
(e) The structural supports for any improvements to be constructed
on leased right of way shall be located to clear all horizontal and vertical
dimensions specified by design standards of the department.
(f) The use of leased right of way shall not result in either
highway or nonhighway users being unduly exposed to hazardous conditions.
(g) Appropriate safety precautions and features necessary to
minimize the possibility of injury to users of either a highway facility or
leased right of way shall be provided. All structures constructed above highway
facilities shall include adequate enclosure to prevent people and objects
from falling. Improvements on leased right of way will not be approved for
construction over or under the highway facilities, unless the plans contain
adequate provisions, acceptable to the department, for evacuation of the structures
or facilities in case of a major accident endangering occupants.
(h) Improvements constructed on leased assets shall be fire
resistant in accordance with the provisions of the local applicable building
codes. The leased highway asset shall not be used for any purpose or occupation
which is deemed by the department to be a hazard to highway or nonhighway
users. In cases where the department questions the acceptability of the existing
local applicable building codes, conformance with a nationally accepted model
building code, or any other code acceptable to the department may be required.
(i) Structures built over highway right of way shall occupy
no more length of the highway than prescribed by the department.
(j) The design, occupancy, and use of any structure over or
under a highway facility shall be such that the use, safety, appearance, and
the enjoyment of the highway will not be adversely affected by fumes, vapors,
odors, drippings, droppings, or discharges of any kind from the structure.
(k) All signs, displays, or devices to be located or maintained
by a lessee must have prior written approval by the district engineer and
shall be restricted to those indicating ownership and type of on-premise activities.
(l) Construction of any structure above or below a highway
shall not require any temporary or permanent change in alignment or profile
of an existing highway without prior written approval by the department.
(m) When the department is of the opinion that the proposed
use of leased right of way requires changes in or additions to existing highway
facilities for the proper operation and maintenance of the facilities, the
changes or additions shall be provided without cost to the department.
(n) Improvements on leased right of way shall be designed and
constructed in a manner that will permit access to highway facilities for
the purpose of inspection, maintenance, and reconstruction when necessary.
(o) Persons desiring to lease highway assets may be required
to furnish an attorney's title opinion establishing to the department's satisfaction
that the lease will be consistent with property rights owned by others.
(p) Persons desiring to lease highway assets shall furnish
at their own expense all engineering, appraisal, and other reports, designs,
and findings requested by the department.
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