67-1106 - How consent of appropriate authorities obtained; terms of use.

§ 67-1106. How consent of appropriate authorities obtained; terms of use.

The consent required under § 67-1101, when given, shall be by ordinanceregularly adopted by the council or other governing body of the city or town,or by resolution regularly adopted and spread upon the minutes by the boardof supervisors or other governing authority of the county in which such lineis to be located, or, if such permission is to be given by the CommonwealthTransportation Commissioner or his designee through the issuance of a landuse permit. Such use of the public roads, turnpikes, streets, avenues, andalleys in any of the cities or towns or counties of the Commonwealth shall besubject to such terms, regulations and restrictions as may be imposed by thecorporate authorities of any such city or town, or the board of supervisorsor other governing authority of any such county, except that if the road orstreet is in the state highway system or secondary system of state highways,as now or hereafter established, any occupation and use thereof under theprovisions of this chapter, whether by consent heretofore or hereafterobtained, shall be subject to such terms, regulations, and restrictions asmay be imposed by the Commonwealth Transportation Board not in conflict inincorporated cities and towns with any vested contractual rights of suchcompany with such city or town.

(2009, c. 807.)