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Wyoming State Highway Right-of-Way Overview (3-WY-c)

Information current as of 2020
In Wyoming, any person (developer) may need a Utility Construction Authorization from the Wyoming Department of Transportation (WYDOT) to site a transmission project within a highway-right-of-way under WYDOT jurisdiction. In addition, a developer may need an Access Permit from the WYDOT if a transmission project requires access to or from a highway-right-of-way under WYDOT jurisdiction Wyo. Stat. § 1-26-813; WYDOT Access Manual, p.7. A "highway right-of-way" means a strip of land acquired for the exclusive use of constructing and maintaining highways and highway appurtenances. WYDOT Access Manual, p.12

State Highway Right-of-Way Overview Process

3-WY-c.1 to 3-WY-c.2 – Does the Proposed Project Involve Siting a Transmission Line within a WYDOT Highway Right-of-Way?

A developer seeking to site a transmission line within a WYDOT right-of-way must obtain a Utility Construction Authorization from WYDOT prior to construction. Wyo. Stat. § 1-26-813. A right-of-way is a strip of land typically used for the construction and maintenance of highways and highway appurtenances, such a safety zones, highway signs, and highway lighting.” Wyo. Code. R. 045.0003.13 § 2(ff).

Utility Construction Authorization within a WYDOT Right-of-Way:

3-WY-c.3 to 3-WY-c.4 – Does the Proposed Project Require the Construction of an Access to or from a WYDOT Right-of-Way?

A developer requiring access to or from a WYDOT right-of-way for a transmission project must obtain an Access Permit from WYDOT prior to construction. Wyo. Code R. 045.0003.13 § 7(b). “Access” is defined as “an entrance or exit to another public roadway or to private or public land from a street or highway.” Wyo. Code. R. 045.0003.13 § 2(b).

WYDOT Access Permit:

3-WY-c.5 – No Permit Needed; Continue with Project

If a developer does not plan on siting a transmission project within a WYDOT highway right-of-way or require the construction of an access within a WYDOT highway right-of-way, the developer will not need a WYDOT permit and may continue with the project.

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