(1) The
department may grant a permit to construct or maintain on, over,
across, or along any state highway any water, gas, telephone,
telegraph, light, power, or other such facilities when they do
not extend along the state highway for a distance greater than
three hundred feet. The department may require such information
as it deems necessary in the application for any such permit, and
may grant or withhold the permit within its discretion. Any
permit granted may be canceled at any time, and any facilities
remaining upon the right-of-way of the state highway after thirty
days written notice of the cancellation are an unlawful
obstruction and may be removed in the manner provided by law.
(2) The holder of a permit granted under this section is
financially responsible to the department for trenching work not
completed within the period of the permit and for compensating
for the loss of useful pavement life caused by trenching. In the
case of common trenching operations, liability under this
subsection will be assessed equally between the permit holders. The assessed parties may thereafter pursue claims of contribution
or indemnity in accord with such fault as may be determined by
arbitration or other legal action.
[2001 c 201 § 7; 1984 c 7 § 237; 1961 c 13 § 47.44.050. Prior: 1943 c 265 § 3; 1937 c 53 § 87; Rem. Supp. 1943 § 6400-87.]
NOTES:
Severability -- 1984 c 7: See note following RCW 47.01.141.