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ENGROSSED SENATE
BILL NO. 1771 By: Stewart and Boren of the
Senate
and
Cantrell of the House
An Act relating to rights-of-way; amending 69 O.S.
2021, Section 1208, as amended by Section 1, Chapter
335, O.S.L. 2023 (69 O.S. Supp. 2023, Section 1 208),
which relates to the placement of structures in
rights-of-way; modifying applicability of section;
enabling the placement of certain signage in certain
locations; requiring removal of certain signage under
certain conditions; updating statutory refer ence; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1208, as
amended by Section 1, Chapter 335, O.S.L. 2023 (69 O.S. Supp. 2023,
Section 1208), is amended to read as follows:
Section 1208. (a) A. The rights-of-way acquired by the
Department of Transportation or a county shall be held inviolate for
state highway, departmental, or county purposes, and no physical or
functional encroachments or uses shall be permitted within such
rights-of-way.
(b) B. It shall be unlawful for any person to construct,
maintain or operate any gasoline pump, driveway canopy, building,
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sign, fence, post, or any thing or structure on or overhanging any
right-of-way, or upon or overhanging any street occupied by a
designated state or federal highway, or county roads and the
construction or maintaining of any such thing or structure on or
overhanging any federal or state highway or county roads shall
constitute a public nuisance, which may be summarily aba ted by the
Commission or board of county commissioners or its officers, agents,
servants and employees in the manner provided in this article.
(c) C. This section shall not apply to the lawful use of such
rights-of-way for the erection and operation of facilities of a
public utility, or companies engaged in the activities defined in
Section 137.1 of Title 52 of the Oklahoma Statutes.
D. This section shall not apply to the placement, by the county
commissioners or the board of directors of a fire protectio n
district or the designees of either, of signage indicating that
restrictions on outdoor burning are in effect pursuant to Section
901.8 of Title 19 of the Oklahoma Statutes. Such signage may be
placed on the right-of-way, provided such placement is made in
coordination with the Department of Transportation. When
restrictions on outdoor burning are no longer in effect, the signage
shall be removed from the right -of-way by the entity that placed it.
SECTION 2. This act shall become effect ive November 1, 2024.
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Passed the Senate the 12th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives