North Dakota Code § 24-01-39

Use of right of way for utilities subject to regulations by department
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Electric transmission, telephone or telegraph lines, pole lines, railways, ditches, sewers, 
water, heat, or pipelines, gas mains, flumes, or other structures outside of the limits of any 
municipality which under the laws of this state, may be constructed, placed, or maintained 
across or along any highway which is a part of the state highway system, by any person, 
persons, corporation, limited liability company, or subdivision of the state, may be so maintained 
or constructed only in accordance with such regulations as may be prescribed by the 
department, which has power to prescribe and enforce reasonable rules and regulations with 
reference to the placing and maintaining along, across, or on any such state highway any of the 
utilities hereinbefore set forth. Nothing herein restricts the action of public authorities in 
extraordinary emergencies. Nothing in this chapter contained may be construed as modifying or 
abridging the powers conferred upon the public service commission in title 49, the intent of this 
section being that the powers hereby granted to the department may be exercised only in such 
manner as not to conflict with valid exercise by the public service commission of the powers 
granted to it.

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