Ohio § 5515.01

§ 5515.01.

The director of transportation may upon formal application being made to the director,

grant a permit to any individual, firm, or corporation to use or occupy such portion

of a road or highway on the state highway system as will not incommode the traveling

public.  Such permits, when granted, shall be upon the following conditions: (A) The director may issue a permit to any individual, firm, or corporation for any use

of a road or highway on the state highway system that is consistent with applicable

federal law or federal regulations. (B) Such location shall be changed as prescribed by the director when the director deems

such change necessary for the convenience of the traveling public, or in connection

with or contemplation of the construction, reconstruction, improvement, relocating,

maintenance, or repair of such road or highway. (C) The placing of objects or things shall be at a grade and in accordance with such

plans, specifications, or both, as shall be first approved by the director. (D) The road or highway in all respects shall be fully restored to its former condition

of usefulness and at the expense of such individual, firm, or corporation. (E) Such individual, firm, or corporation shall maintain all objects and things in a

proper manner, promptly repair all damages resulting to such road or highway on account

thereof, and in event of failure to so repair such road or highway to pay to the state

all costs and expenses that may be expended by the director in repairing any damage. (F) Such other conditions as may seem reasonable to the director, but no condition shall

be prescribed that imposes the payment of a money consideration for the privilege

granted.  Nothing in this division prohibits the director from requiring payment of money

consideration for a lease, easement, license, or other interest in a transportation

facility under control of the department of transportation. (G) Permits may be revoked by the director at any time for a noncompliance with the conditions

imposed. (H) As a condition precedent to the issuance of any permit for telecommunications facilities

or carbon capture and storage pipelines, the director shall require the applicant

to provide proof it is party to a lease, easement, or license for the construction,

placement, or operation of such facility or pipeline in or on a transportation facility. Except as otherwise provided in this section and section 5501.311 of the Revised Code , Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525.,

5527., 5528., 5529., 5531., 5533., and 5535. of the Revised Code do not prohibit telephone

and electric light and power companies from constructing, maintaining, and using telephone

or electric light and power lines along and upon such roads or highways under section

4933.14 or other sections of the Revised Code, or to affect existing rights of any

such companies, or to require such companies to obtain a permit from the director,

except with respect to the location of poles, wires, conduits, and other equipment

comprising lines on or beneath the surface of such road or highways. This section does not prohibit steam or electric railroad companies from constructing

tracks across such roads or highways, nor authorize the director to grant permission

to any company owning, operating, controlling, or managing a steam railroad or interurban

railway in this state to build a new line of railroad, or to change or alter the location

of existing tracks across any road or highway on the state highway system at grade.  No such company shall change the elevation of any of its tracks across such road

or highway except in accordance with plans and specifications first approved by the

director. This section does not relieve any individual, firm, or corporation from the obligation

of satisfying any claim or demand of an owner of lands abutting on such road or highway

on the state highway system on account of placing in such road or highway a burden

in addition to public travel. (I) No person shall knowingly use or occupy a portion of a road or highway on the state

highway system if the director revokes that person's permit under division (G) of

this section.