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Utilities – Highway Policy

A utility’s request to use and occupy the right-of-way cannot be considered until adequate information is provided regarding its proposed work. The amount of detail will vary with the complexity of the installation and the highway involved, but must include the appropriate permit form, dimensioned drawings or sketches, and installation information so that the effect of the highway operation, traffic safety, and visual qualities can be evaluated.

A utility shall obtain a permit from the Rusk County Highway Department before any use or occupancy of Department highways is allowed. This includes utilities that want to occupy an existing pole line or duct system (e.g. CATV attaching to another utility company’s existing poles.)

By issuance of a permit, the Department formally indicates that, subject to all applicable permit conditions, a specified use and/or occupancy of right-of-way is not adverse to the highway interests at the time of the permit approval.

The Highway Department does not warrant that public title to the right-of-way is free and clear, does not certify that it has sole ownership, and does not indicate any intention to defend the utility in its peaceful use and occupancy of said lands.

The permit does not transfer any land, nor give, grant, or convey and land right, right inland or easement subject to applicable statutes.

Written authorization from the Highway Department does not relieve the utility from compliance with all applicable federal and state laws and codes, and local laws and ordinances which affect the design, construction, materials, or performance of its work. The Highway Department’s authorization shall not be construed as superseding any other governmental agency’s more restrictive requirements.

The utility should retain a copy of the permit in its files during the entire time the facility is located on, over, or under the Highway Department’s right-of-way and shall have a copy available at the job site during construction.

All utility permits issued by the Department are revocable for cause as provided herein per Policy 96.07.

By Order of the Rusk County Highway Commissioner

Annual Permit Fee (New Service Connections) – $250.00
Annual Permit Fee (Maintenance of New Service Connections) – $250.00
Single Permit Fee (All) – $75.00