Colorado § 38-5.5-109 Notice of trenching - permitted access

Colorado Statutes

§ 38-5.5-109 — Notice of trenching - permitted access

Colorado § 38-5.5-109

Title 38Property -

Art.Rights-of-way: Telecommunications Providers

This text of Colorado § 38-5.5-109 (Notice of trenching - permitted access) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-5.5-109 (2026).

Text

(1)(a) The state or a political subdivision shall provide notice on a competitively neutral basis to broadband providers of any utility trenching project that it conducts, but notice is not required for emergency repair projects. The state or political subdivision shall provide the notice a minimum of ten business days prior to the start of the project involving trenching.

(b)The department of transportation shall maintain a public list of all broadband providers that would like to receive notice of a utility trenching project and the providers' addresses on the website it maintains. To be eligible to receive notice under paragraph (a) of this subsection (1), a broadband provider must request the department of transportation to be included in the department list. A political s

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(1) (a) The state or a
political subdivision shall provide notice on a competitively neutral basis to
broadband providers of any utility trenching project that it conducts, but notice is
not required for emergency repair projects. The state or political subdivision shall
provide the notice a minimum of ten business days prior to the start of the project
involving trenching.

(b) The department of transportation shall maintain a public list of all
broadband providers that would like to receive notice of a utility trenching project
and the providers' addresses on the website it maintains. To be eligible to receive
notice under paragraph (a) of this subsection (1), a broadband provider must request
the department of transportation to be included in the department list. A political
subdivision may rely on the department list when making its notifications, and such
notifications may be made by electronic mail.

(2) (a) For any trenching project conducted by the state or a political
subdivision, the state or political subdivision shall allow joint trenching by
broadband providers on a nonexclusive and nondiscriminatory basis for the
placement of broadband facilities, except as set forth in paragraph (b) of this
subsection (2). This subsection (2) does not limit the ability of the state, political
subdivision, or any private entity to share the costs of construction related to the
trenching project with the broadband provider.

(b) The state or a political subdivision may deny joint trenching by broadband
providers if the joint trenching will hinder or obstruct highway safety or the
construction, maintenance, operations, or related regulation of highway facilities or
if it is not feasible because it will delay the repair or construction of a political
subdivision's water, wastewater, electricity, or gas line or because collocation with
a political subdivision's water, wastewater, electricity, or gas line will hinder or
obstruct the maintenance or operations of a political subdivision's water,
wastewater, electricity, or gas facilities.

(3) (a) Nothing in this section is intended to preempt or otherwise replace
requirements for joint trenching that may be imposed by a political subdivision.

(b) Nothing in this section requires a private entity undertaking a trenching
project to allow a broadband provider to participate in the trenching project.

(c) Any provision in this section that conflicts with federal law is
unenforceable.

(d) Nothing in this section shall be construed to prevent or delay
commencement or progress of a construction, maintenance, or trenching project.

(4) As used in this section, trenching means a construction project in which
a highway right-of-way surface is opened or removed for the purpose of laying or
installing conduit, fiber, or similar infrastructure in excess of one mile in length.
Trenching does not mean any other activity or project for the construction or
maintenance, including drainage or culvert work, of a highway facility.