An Act
ENROLLED 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 12 08),
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 refere nce; and
providing an effective date .
SUBJECT: Placement of structures in rights -of-way
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, Chapt er 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 pur poses, 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,
ENR. S. B. NO. 1771 Page 2
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 abated 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 app ly to the placement, by the county
commissioners or the board of directors of a fire protection
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 Oklah oma 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restrictions on outdoor burning are no longer in effect, the signage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 effective November 1, 2024.
ENR. S. B. NO. 1771 Page 3
Passed the Senate the 12th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 22nd day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________ ________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________