The construction, reconstruction and maintenance authorized in Section 57-5-140 may include all necessary provisions for the operation and parking of vehicles, sidewalks for pedestrians, gutters, storm drains and such other structures within the limits of the highway right-of-way as may, in the judgment of the Department, be essential for highway service and to preserve and protect the highway investment. The municipalities may, however, with the approval of the Department, place and maintain such city utilities within the highway right-of-way as may be in accord with sound engineering practices, but the work by municipalities of placing these utilities within the highway right-of-way and the maintenance thereof shall be conducted so as not to interfere unduly with the traffic on the highway, and all expenses in connection therewith, including restoration of any highway surfacing or facilities damaged or impaired, shall be borne by the municipality.

The construction, reconstruction and maintenance authorized in Section 57-5-140 may also include any project in a municipality or urban area for area-wide traffic control systems and other improvements which directly facilitate and control traffic flow into, along, from or across designated State highways, such as grade separation of intersections, widening of lanes and channelization of traffic. The Department of Transportation shall not, however, be liable for damages to property or injuries to persons, as otherwise provided for in The Tort Claims Act, as a consequence of the placing, maintaining, or removing of any such utilities by the municipality, or by others, pursuant to permission of the municipality.

HISTORY: 1962 Code Section 33-171; 1952 Code Section 33-171; 1951 (47) 457; 1956 (49) 1701; 1969 (56) 154.