Current through Vol. 42, No. 7, December 16, 2024
Section 730:20-1-5 - Control of encroachmentsThe policy for the control of encroachments shall be as follows:
(1) No encroachment of any nature will be permitted on the Interstate System.(2) No encroachments of any nature will be permitted on state highways in rural areas.(3) On state or federal highways passing through the corporate limits of cities and towns, awnings, on-premise signs, fire escapes, window air conditioning units, etc., will be permitted to overhang the public right-of-way, provided that determination is made that such use is in the public interest and will not interfere with the free flow of traffic and that such object does not constitute a hazard to pedestrians or to the traveling public. All overhang must be a minimum of two (2) feet back of the curb and supported from outside the right-of-way limits. The provisions of this subsection shall not apply to highways which are part of the National System of Interstate and Defense Highways, nor shall this subsection be interpreted in any manner which causes a conflict with the requirements of the United States Department of Transportation.(4) On all new construction being planned inside the corporate limits of cities and towns, it shall be the responsibility of the city or town involved to clear the rights-of-way in accordance with the Department policy. No project may be let for construction until the project is considered by the Department to be clear of all encroachments.(5) Where a maintenance or construction project has been completed on the state highway system within the corporate limits of a city or town, and where the city or town has failed to properly enforce the policy of the Department after completion of the project, no further construction or maintenance projects will be let in said city or town until all encroachments are removed or caused to be removed by the city or town.Okla. Admin. Code § 730:20-1-5
Amended at 16 Ok Reg 2030, eff 6-11-99