Sec. 34.02.02.07. Rights-of-Way and Easements

A. A request for the granting of a right-of-way or easement across or through State-owned property which is not for the specific purpose of serving the State-owned site or facility only shall be forwarded to the Department of Planning for review and comment. Information submitted shall include:

(1) Name of the agency or individual requesting the right-of-way or easement;

(2) Purpose for which the right-of-way or easement is requested;

(3) Site plan or map indicating the preliminary alignment of the proposed right-of-way or easement; and

(4) Recommendation as to whether or not compensation should be required.

B. Within 10 days of receipt, the Department of Planning shall forward the proposal to appropriate State agencies and county and municipal executive authorities, requesting review and comment. Review agencies shall submit their comments and recommendations on the proposal within 30 days of the date of the Department of Planning review request letter. Comments and recommendations may include, but need not be limited to, information about the extent to which the proposal:

(1) Is in consonance with or contributes to the fulfillment of comprehensive and functional planning for the State, area, or locality;

(2) Is in consonance with the master plan for the facility concerned;

(3) Impacts adversely on the operational use of the property itself, the adjoining neighborhood, and the social, economic, or natural environment.

C. Based upon the comments and recommendations received from this review, the Department of Planning shall forward a recommendation to the Department of General Services or the State Highway Administration, as applicable, as to whether or not the request should be rejected or processed for forwarding to the Board of Public Works for final approval. A copy of this recommendation shall be provided to the agency or organization making the request. The recommendation shall indicate whether or not compensation should be obtained for the granting of the right-of-way or easement. The Department of General Services or the State Highway Administration, as applicable, shall be responsible for presenting the right-of-way or easement agreement to the Board of Public Works.

D. The request for Board of Public Works approval shall include a summation of the review comments and the recommendations of the Department of Planning.