A renewal is an extension of term of an existing right-of-way without any other change.
The grantee may request a renewal of an existing right-of-way grant and we will renew the grant as long as:
The initial term and renewal terms, together, do not exceed the maximum term determined to be reasonable under § 169.201;
The existing right-of-way grant explicitly allows for automatic renewal or an option to renew and specifies compensation owed to the landowners upon renewal or how compensation will be determined;
The grantee provides us with a signed affidavit that there is no change in size, type, or location, of the right-of-way;
The initial term has not yet ended;
No uncured violation exists regarding the regulations in this part or the grant's conditions or restrictions; and
The grantee provides confirmation that landowner consent has been obtained, or if consent is not required because the original right-of-way grant explicitly allows for renewal without the owners' consent, the grantee provides notice to the landowners of the renewal.
We will record any renewal of a right-of-way grant in the LTRO.
If the proposed renewal involves any change to the original grant or the original grant was silent as to renewals, the grantee must reapply for a new right-of-way, in accordance with § 169.101, and we will handle the application for renewal as an original application for a right-of-way.
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