§ 13a-247 — Excavations, obstructions and subtractions.

Connecticut § 13a-247

• Jurisdiction: Connecticut
• Title 13a: Highways and Bridges
• Ch. 241: Miscellaneous Provisions

Text

(a) No person, firm, corporation or utility company shall excavate within or under, or place any obstruction or substruction within, under, upon or over, or interfere with construction, reconstruction or maintenance of or drainage from, any state highway without the written permission of the commissioner. Any excavation made or obstruction or substruction placed without a permit or in violation of the provisions of a permit shall be removed or altered by the person, firm, corporation or utility company making or placing the same within thirty days from the date when said commissioner sends by registered or certified mail, postage prepaid, a notice to such person, firm, corporation or utility company, ordering such removal or alteration. If such person, firm, corporation or utility company fails to remove or alter any excavation, obstruction or substruction not later than thirty days after receipt of such notice from the commissioner, the commissioner may fill in or close any such excavation or remove or alter any such obstruction or substruction, and the expense incurred by the commissioner in such filling or removing or altering shall be paid by such person, firm, corporation or utility company. (b) Notwithstanding the provisions of subsection (a) of this section, if the commissioner determines that a person, firm, corporation or utility company has created an unsafe condition within, under, upon or over the state highway that requires immediate corrective action, the commissioner may order immediate corrective action to remedy the unsafe condition. Any costs and expenses incurred by the commissioner to remedy the unsafe condition shall be paid by such person, firm, corporation or utility company. (c) The state shall not be liable for any damage to private property placed in the state highway without a permit. (d) Any person, firm, corporation or utility company violating any provision of this section shall be fined not less than two thousand dollars or more than five thousand dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day's continuance thereof shall be deemed to be a separate and distinct offense.

Legislative History

(1949 Rev., S. 2250; 1958 Rev., S. 13-137; 1959, P.A. 26; 1963, P.A. 226, S. 247; 1967, P.A. 237; P.A. 03-115, S. 39; P.A. 04-257, S. 20; P.A. 22-40, S. 16.) History: 1959 act added prohibition of interference with construction, reconstruction, maintenance or drainage; 1963 act restated previous provisions: See title history; 1967 act required removal of excavation, obstruction or substruction made after July 1, 1925, without permit or in violation of permit at commissioner's discretion; P.A. 03-115 divided existing provisions into Subsecs. (a) and (b) and made technical changes; P.A. 04-257 made a technical change in Subsec. (b), effective June 14, 2004; P.A. 22-40 amended Subsec. (a) by adding references to utility company and rewriting provisions re failure to remove or alter any excavation, obstruction or substruction, added new Subsec. (b) re unsafe condition that requires immediate corrective action, added Subsec. (c) re state not liable for damage to private property placed in state highway without permit, redesignated existing Subsec. (b) as Subsec. (d) and amended same to add references to utility company, replace provision re fine not more than $100 for first offense and not less than $100 or more than $500 for subsequent offense with provision re fine not less than $2,000 or more than $5,000 for each offense and add provision re each violation shall be separate and distinct offense and made technical and conforming changes, effective July 1, 2022.