§ 24-8-43 — § 24-8-43. Alteration of roadways.

§ 24-8-43. Alteration of roadways.

(a) Any person, firm or corporation including utilities and contractors who or that alter a roadway that is subject to the provisions of this chapter shall restore that portion of the roadway that was altered to the same or better condition that existed prior to alteration or as required in accordance with the state or municipal permit requirements. Repaving and repair of a roadway by a public utility or utility facility shall be in accordance with and subject to the provisions of chapter 2.2 of title 39.

(b) Any alteration of roadways that creates a public safety concern, as determined by the public safety official of the municipality or the state, including the need to move utility poles, shall be corrected by the contractor and/or utility within thirty (30) days of being notified in writing of such public safety concern by the director of the department of transportation.

(c) Restoration of any altered roadway shall commence immediately after the completion of the alteration and shall include, if necessary, temporary or intermediate restoration on an ongoing basis to keep the roadway smooth and bump free until the permanent restoration can be completed.

(d) Where the alteration involves the installation or upgrading of a traffic signal(s), the signal(s) shall not be activated until the alteration has been substantially completed, as determined by the director of the department of transportation.

Legislative History

P.L. 1992, ch. 335, § 2; P.L. 2005, ch. 308, § 1; P.L. 2019, ch. 170, § 3; P.L. 2019, ch. 234, § 3.