Connecticut General Statutes 13a-247 – Excavations, obstructions and subtractions
(a) No person, firm, corporation or utility company shall excavate within or under, or place any obstruction or substruction within, under, upon or over, or interfere with construction, reconstruction or maintenance of or drainage from, any state highway without the written permission of the commissioner. Any excavation made or obstruction or substruction placed without a permit or in violation of the provisions of a permit shall be removed or altered by the person, firm, corporation or utility company making or placing the same within thirty days from the date when said commissioner sends by registered or certified mail, postage prepaid, a notice to such person, firm, corporation or utility company, ordering such removal or alteration. If such person, firm, corporation or utility company fails to remove or alter any excavation, obstruction or substruction not later than thirty days after receipt of such notice from the commissioner, the commissioner may fill in or close any such excavation or remove or alter any such obstruction or substruction, and the expense incurred by the commissioner in such filling or removing or altering shall be paid by such person, firm, corporation or utility company.
Terms Used In Connecticut General Statutes 13a-247
- Commissioner: means the Commissioner of Transportation and includes each successor in office or authority. See Connecticut General Statutes 13a-1
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Highway: includes streets and roads. See Connecticut General Statutes 13a-1
- State highway: means a highway, bridge or appurtenance to a highway or bridge designated as part of the state highway system within the provisions of chapter 237, or a highway, bridge or appurtenance to a highway or bridge specifically included in the state highway system by general statute. See Connecticut General Statutes 13a-1
(b) Notwithstanding the provisions of subsection (a) of this section, if the commissioner determines that a person, firm, corporation or utility company has created an unsafe condition within, under, upon or over the state highway that requires immediate corrective action, the commissioner may order immediate corrective action to remedy the unsafe condition. Any costs and expenses incurred by the commissioner to remedy the unsafe condition shall be paid by such person, firm, corporation or utility company.
(c) The state shall not be liable for any damage to private property placed in the state highway without a permit.
(d) Any person, firm, corporation or utility company violating any provision of this section shall be fined not less than two thousand dollars or more than five thousand dollars for each offense. Each violation shall be a separate and distinct offense and, in the case of a continuing violation, each day’s continuance thereof shall be deemed to be a separate and distinct offense.