§382. Intersection of highways by utilities and facilities

A. When an existing highway is intersected or proposed to be intersected by a facility or utility used or to be used for the transportation of persons or commodities, as a railway or canal, or when an existing highway is intersected by an artificial waterway for drainage, irrigation, or other purposes, the owner of the facility or utility shall provide a means of crossing the highway which in the opinion of the chief engineer or his duly authorized representative is appropriate and adequate and shall provide for the subsequent maintenance and replacement of the crossing in accordance with current maintenance standards.

B. When a highway is constructed across such an existing facility or utility, the agency constructing or causing the construction of the highway shall provide for the construction of an adequate and appropriate crossing and for the subsequent maintenance and replacement of the crossing in accordance with current maintenance standards.

C. Failure to correct deficiencies in the maintenance of a crossing as described in Subsection A and Subsection B of this Section within thirty days notice by receipt of registered mail from the Department of Transportation and Development of such deficiencies, shall constitute a misdemeanor, upon conviction of which the owner of the facility shall be fined not less than one hundred dollars nor more than one thousand dollars.

Amended by Acts 1974, No. 532, §1; Acts 1977, No. 291, §1; Acts 1979, No. 541, §1; Acts 1992, No. 350, §1.