(1) The
department of transportation may grant franchises to persons,
associations, private or municipal corporations, the United
States government, or any agency thereof, to use any state
highway for the construction and maintenance of water pipes,
flume, gas, oil or coal pipes, telephone, telegraph and electric
light and power lines and conduits, trams or railways, and any
structures or facilities that are part of an urban public
transportation system owned or operated by a municipal
corporation, agency, or department of the state of Washington
other than the department of transportation, and any other such
facilities. In order to minimize the disruption to traffic and
damage to the roadway, the department is encouraged to develop a
joint trenching policy with other affected jurisdictions so that
all permittees and franchisees requiring access to ground under
the roadway may do so at one time.
(2) All applications for the franchise must be made in
writing and subscribed by the applicant, and describe the state
highway or portion thereof over which franchise is desired and
the nature of the franchise. The application must also include
the identification of all jurisdictions affected by the franchise
and the names of other possible franchisees who should receive
notice of the application for a franchise.
(3) The department of transportation shall adopt rules
providing for a hearing or an opportunity for a hearing with
reasonable public notice thereof with respect to any franchise
application involving the construction and maintenance of
utilities or other facilities within the highway right-of-way
which the department determines may (a) during construction,
significantly disrupt the flow of traffic or use of driveways or
other facilities within the right-of-way, or (b) during or
following construction, cause a significant and adverse effect
upon the surrounding environment.
[2001 c 201 § 5; 1980 c 28 § 1; 1975 1st ex.s. c 46 § 1; 1967 c 108 § 7; 1963 c 70 § 1; 1961 ex.s. c 21 § 26; 1961 c 13 § 47.44.010. Prior: 1943 c 265 § 2; 1937 c 53 § 83; Rem. Supp. 1943 § 6400-83.]
NOTES:
Urban public transportation system defined: RCW 47.04.082.