70:10:01:07Priority for consideration of application

approval. In determining whether to grant or deny a permit application, the department shall consider applications in the following order: (1) From any utility whose facilities are not located over, under, or along any public ground, street, alley, or highway under the jurisdiction of the department but are displaced as a result of a highway construction project; (2) From any utility whose facilities are located over, under, or along any public ground, street, alley, or highway under the jurisdiction of the department, and are displaced as a result of a highway construction project; and (3) From any other utility. The department shall approve or deny all timely applications submitted by utilities that satisfy the requirements of subdivision (1) prior to considering any applications from utilities that meet the requirements of subdivision (2). The department shall approve or deny all timely applications submitted by utilities that satisfy the requirements of subdivision (2) prior to considering any applications that meet the requirements of subdivision (3).

Source: 32 SDR 32, effective August 30, 2005.