Section R17-3-501. Definitions  


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  • In this Article, unless otherwise defined, these terms have the fol- lowing meanings:

    “Abutting property” means real property or interest in real property bordering a state highway right-of-way.

    “Adopt-a-highway” means a Department program that allows a group of persons access to a state highway right-of-way to conduct litter pickup on a designated portion of the state high- way.

    “Airspace” means the space above real property.

    “Applicant” means a person or entity seeking to obtain an encroachment permit.

    “Department” means the Arizona Department of Transporta- tion.

    “District Office” means one of the Department’s Engineering and Maintenance district offices.

    “Encroachment” means any use of, intrusion upon, or con- struction of improvement within a state highway right-of-way by any person or entity other than the Department for any pur- pose, temporary or fixed, other than public travel authorized by state statute.

    “Encroachment owner” means the person or entity responsible for creating or maintaining an encroachment on a state high- way right-of-way.

    “Encroachment permit” means a written approval granted by the Department for construction of a fixed or temporary improvement within a state highway right-of-way, or for any activity requiring the temporary use of or intrusion upon a state highway right-of-way.

    “Engineering stationing” means the Department identification system to identify the location of a state highway feature. “Improvement” means any constructed facility or object, or alteration to any existing physical facility or object, or change in the elevation, slope, or drainage of a state highway right-of- way.

    “Permittee” means a person or entity to whom the Department issues an encroachment permit, and who is responsible for meeting the obligations, responsibilities, and specifications stated in the encroachment permit.

    “Right-of-way” means the real property or interest in real property on which state transportation facilities and appurte- nances to the facilities are constructed or maintained.

    “Special event” means any temporary organized or supervised activity that could affect the normal operation of a state high- way.

    “State highway” has the meaning prescribed in A.R.S. § 28- 101(47).

Historical Note

New Section made by final rulemaking at 10 A.A.R.

5202, effective February 5, 2005 (Supp. 04-4).