An Act
ENROLLED SENATE
BILL NO. 724 By: Stewart of the Senate
and
Cantrell of the House
An Act relating to roads and bridges; amending 69
O.S. 2021, Section 1208, which relates to structures
in right-of-way; clarifying county authority to
maintain right-of-way; making exception for companies
engaged in certain activities; and providing an
effective date.
SUBJECT: Right-of-way, roads, and bridges
BE IT ENACTED BY THE PEOPLE OF TH E STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 69 O.S. 2021, Section 1208, is
amended to read as follows:
Section 1208. (a) The rights-of-way acquired by the De partment
or a county shall be held inviolate for state hig hway and,
departmental, or county purposes, and no physica l or functional
encroachments or uses shall be permitted within such rights-of-way.
(b) It shall be unlawful for any person to construct, ma intain
or operate any gasoline pu mp, driveway canopy, bui lding, sign,
fence, post, or any thing or structure on or o verhanging 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 summar ily abated by the Commission or board
of county commissioners or its officers, agents, servants and
employees in the manner provided in th is article.
ENR. S. B. NO. 724 Page 2
(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 i n
Section 137.1 of Title 52 of th e Oklahoma Statutes.
SECTION 2. This act shall become effective November 1, 2023.
ENR. S. B. NO. 724 Page 3
Passed the Senate the 24th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the 27th day of April, 2023.
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: _______________________________ __