A. The rights-of-way acquired by the Department of Transportation or a county shall be held inviolate for state highway, departmental, or county purposes, and no physical or functional encroachments or uses shall be permitted within such rights-of-way.

B. It shall be unlawful for any person to construct, maintain or operate any gasoline pump, driveway canopy, building, sign, fence, post, or any thing or structure on or overhanging 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 summarily abated by the Commission or board of county commissioners or its officers, agents, servants and employees in the manner provided in this article.

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 in Section 137.1 of Title 52 of the Oklahoma Statutes.

D. This section shall not apply to the placement, by the county commissioners or the board of directors of a fire protection district or the designees of either, of signage indicating that restrictions on outdoor burning are in effect pursuant to Section 901.8 of Title 19 of the Oklahoma Statutes. Such signage may be placed on the right-of-way, provided such placement is made in coordination with the Department of Transportation. When restrictions on outdoor burning are no longer in effect, the signage shall be removed from the right-of-way by the entity that placed it.

Historical Data

Laws 1968, HB 501, c. 415, § 1208, emerg. eff. July 1, 1968; Amended by Laws 2023, SB 724, c. 335, § 1, eff. November 1, 2023 (superseded document available); Amended by Laws 2024, SB 1771, c. 173, § 1, eff. November 1, 2024 (superseded document available).