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  67.1840.  Fee imposed to recover management costs, amount — allocation of such fees — uniform application of right-of-way laws required. — 1.  A political subdivision may recover its right-of-way management costs by imposing a fee for permits issued by the political subdivision.  A political subdivision shall not recover from a public utility right-of-way user costs caused by another entity's activity or inactivity in the public right-of-way.

  2.  Right-of-way permit fees imposed by a political subdivision on public utility right-of-way users shall be:

  (1)  Based on the actual, substantiated costs reasonably incurred by the political subdivision in managing the public right-of-way;

  (2)  Based on an allocation among all users of the public right-of-way, including the political subdivision itself, which shall reflect the proportionate costs imposed on the political subdivision by each of the various types of uses of the public rights-of-way;

  (3)  Imposed on a competitively neutral and nondiscriminatory basis; and

  (4)  Imposed in a manner so that aboveground uses of the public right-of-way do not bear costs incurred by the political subdivision to regulate underground uses of the public right-of-way.

  3.  The public utility right-of-way user shall have the right to equitably allocate, and may separately state in the customer's bill, any or all right-of-way permit fees imposed by a political subdivision to:

  (1)  Customers of the public utility right-of-way user residing in the political subdivision; or

  (2)  Any specific customer or customers requesting or requiring the public utility right-of-way user to perform work for which the acquisition of a right-of-way permit is necessary.

  4.  The rights, duties and obligations regarding the use of the public right-of-way imposed pursuant to sections 67.1830 to 67.1846 shall be uniformly applied to all users of the public right-of-way, including the political subdivision.


(L. 2001 S.B. 369)

< end of effective 28 Aug 2001 >

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