Missouri Revised Statutes













Chapter 67

Political Subdivisions, Miscellaneous Powers

←67.1830

Section 67.1832.1

67.1834→

August 28, 2015

Political subdivisions required to consent to certain activities by public utility right-of-way users--recovery of costs, procedure--permitted ordinance requirements.

67.1832. 1. In addition to any other grants for the use of public

thoroughfares, and pursuant to this section, a political subdivision shall

grant its consent to a public utility right-of-way user authorized to do

business pursuant to the laws of this state or by license of the Federal

Energy Regulatory Commission, United States Department of Transportation, or

the Federal Communications Commission to construct, maintain and operate all

equipment, facilities, devices, materials, apparatuses, or media including

but not limited to, conduits, ducts, lines, pipes, wires, hoses, cables,

culverts, tubes, poles, towers, manholes, transformers, regulator stations,

underground vaults, receivers, transmitters, satellite dishes, micro cells,

Pico cells, repeaters, or amplifiers useable for the transmission or

distribution of any service or commodity installed below or above ground in

the public right-of-way; provided that, no political subdivision shall

require any conditions that are inconsistent with the rules and regulations

of the Federal Energy Regulatory Commission, United States Department of

Transportation, Federal Communications Commission or the Missouri public

service commission.



2. Pursuant to this section, a political subdivision may manage its

public rights-of-way and may recover its rights-of-way management costs as

set forth in sections 67.1830 to 67.1846. The authority granted in this

section may be authorized at the option of the political subdivision, and the

exercise of this authority is not mandated pursuant to this section. A

political subdivision may, by ordinance:



(1) Require a public utility right-of-way user seeking to excavate

within a public right-of-way to obtain a right-of-way permit and to impose

permit conditions consistent with the political subdivision's management of

the right-of-way;



(2) Require public utility right-of-way users to provide required notice

to the political subdivision by submitting plans for anticipated construction

projects that require excavation within the public right-of-way; and



(3) In cases of emergency, public utility right-of-way users may proceed

with required work without a permit; however, a political subdivision may

require submission of the necessary information and permit fee following the

emergency.



(L. 2001 S.B. 369)







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