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Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1501 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Louisiana
				Department of Transportation and Development (DOTD) recognizes that landowners
				have certain rights of access. The DOTD also recognizes that access connections
				are a major contributor to traffic congestion, increase the degradation of
				transportation facility operations, can result in decreased highway capacity,
				cause driver and pedestrian confusion, and can increase safety
				hazards.
B. Most roadside
				interference can be attributed directly to vehicular traffic entering, exiting,
				and parking adjacent to accesses for residential developments, business
				establishments, and commercial roadside developments.
C. Incumbent with this is the obligation to
				protect the investment of the state in the highway system. Access connections
				granted by the DOTD can be restrictive.
D. The Louisiana Department of Transportation
				and Development (DOTD) has the authority to require permits for access
				connections as set forth in
				R.S.
				48:344. Access connection permits are
				required in order to achieve the following:
1. to ensure safe and orderly movement for
				vehicular traffic entering and leaving the highway;
2. to prevent hazardous and indiscriminate
				parking on, along, or adjacent to the roadway surface;
3. to preserve adequate sight distances at
				intersections (including streets and driveways);
4. to encourage beautification of property
				frontage;
5. to ensure uniform
				design and construction of access on highway right-of-way.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1503 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
Access Connection Permits
- shall be defined
				  and required as follows:
1. single-family residential access connections:
a. single family residential - 1 to 5 homes on a single
				  access connection (Six or more residences on a single shared access or a single
				  property subdivided for multiple homes must apply as a multi-family residential
				  access.);
b. residential sporting and recreation camps (Full-time or
					 part-time residential camps used for hunting, fishing, etc.);
2. non-commercial agricultural operations:
a. unimproved land (farm, pasture, or wooded; passenger
					 vehicle or farm equipment access and use only);
3. traffic generator access connections:
a. place of business (e.g., retail outlets, banks,
					 restaurants, etc.);
b. medical facilities (e.g., doctors' offices, hospitals,
						urgent care facilities, assisted living homes, etc.);
c. religious facilities (e.g., churches, synagogues,
						  etc.);
d. multi-family residential developments (e.g.,
							 subdivisions, condominiums, apartment complexes, trailer parks, etc.);
e. educational facilities (e.g., schools, colleges,
								daycares, after-school daycares, etc.);
f. lodging facilities (e.g., hotels, vacation
								  rentals, motels, RV parks, etc.);
g. recreational facilities (e.g., sports
									 fields, public swimming pool, parks, golf courses, bowling alleys, theme parks,
									 etc.);
h. private clubs (e.g. country clubs, golf
										clubs, yacht clubs, etc.);
i. emergency services (e.g., fire station,
										  ems stations, police stations, etc.);
j. mixed-use developments (any
											 combination of above-listed uses);
k. public facilities (libraries, court
												houses, city halls, jails, conference/convention centers, etc.);
l. commercial agricultural operations
												  (processing and/or wholesale operations; cotton gin, rice mill, sugar mill,
												  etc.);
m. oil, natural gas, logging, and
													 other natural resource harvesting operations;
n. utility company access;
o. any other connections that
														  do not fit a category listed above;
4. temporary permits:
a. short-term oil, natural gas,
														  logging, or other natural resource harvesting operations;
b. short-term haul
															 road;
c. short-term construction
																access to a building site until an access connection is
																approved.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1505 - Public Road/Street Connections

Current through Register Vol. 50, No. 6, June 20, 2024
A. Public road or street connections shall
				follow the normal project development process and shall only be requested by
				the local authority within the jurisdiction over the roadway.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1507 - Facilities Requiring Access Connection

Current through Register Vol. 50, No. 6, June 20, 2024
A. Facilities requiring access connection
				permits may be either new facilities or existing facilities which are
				remodeled, undergo a change of use, or any other change(s) to the operations of
				the facility.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1509 - Personal Injury/Property Damage

Current through Register Vol. 50, No. 6, June 20, 2024
A. The applicant agrees to hold harmless the
				DOTD and its duly appointed agents and employees against any action for
				personal injury or property damage sustained by reason of the exercise of a
				permit, whether or not the same may have been caused by the negligence of the
				DOTD, its agents, or its employees.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1511 - Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The location,
				design, and construction of the access shall be in accordance with the rules
				and regulations stated in the Section of this Chapter entitled Access
				Connection Requirements.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1513 - Process for Acquiring an Access Permit

Current through Register Vol. 50, No. 6, June 20, 2024
A. The access connection permit application
				process shall be initiated by the applicant during the preliminary planning and
				development stages of a project. Applicant shall coordinate the initial
				requests with the Louisiana DOTD district permit specialist where the subject
				property is located.
B. The process
				for acquiring an access connection permit shall be defined in DOTD
				policies.
C. At the direction of
				the DOTD district office, a request for an access connection permit may require
				the submission of any required supporting documentation to the DOTD district
				office. Actual work on an access connection shall not begin until the
				application has been approved by the DOTD. Required permit application
				supporting documentation may include some or all of the following:
1. detailed property location, including but
				not limited to:
a. location address;
b. legal property description (with
				professional land surveyor stamp);
c. property frontage dimensions;
d. relative locations of all access
				connections, intersecting streets, signals, railways, and crossovers within a
				specified distance from the property lines. This distance shall be specified by
				the DOTD district engineering administrator (DA) and/or DTOE;
e. information on any nearby or adjacent
				properties owned and/or controlled by the applicant(s), including anticipated
				future land use(s);
f. posted speed
				limit of adjacent roadways;
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1515 - Permit Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				applicant must be the owner of the property or his/her legally designated
				representative.
B. Any access
				connection or approach constructed under this permit shall be for the bona fide
				purpose of securing access to the subject property.
C. The entire highway right-of-way affected
				by this work shall be restored to at least the same condition that existed
				prior to the beginning of the work.
D. The applicant may be required to post a
				bond in order to secure an access connection permit. If required, this bond
				shall be posted in accordance with DOTD policy, and shall be an amount as
				identified by the DOTD district office as sufficient to cover the expenses of
				all work or improvements required within the DOTD right-of-way as a condition
				of an access connection permit. The cost of restoration shall be borne by the
				applicant.
E. All access
				connections, approaches, or other improvements on the right-of-way shall comply
				with DOTD standards and be subject to the approval of the district engineer
				administrator or his/her designee.
F. All access connections in the DOTD
				right-of-way shall at all times be subject to inspection by the DOTD.
G. After having been constructed, access
				connection(s) shall at all times be subject to inspection with the right
				reserved to require changes, additions, repairs, and relocations at any time
				considered necessary to permit the location and/or to provide proper and safe
				protection to life and property on or adjacent to the highway. The cost of
				making such mandated changes, additions, repairs, and relocations shall be
				borne by the applicant.
H. The
				relocations or alterations of any access, approach, or other improvement
				constructed on the right-of-way shall require a re-evaluation of the access
				connection(s).
I. If the applicant
				is unable to commence construction within 12 months of the permit issue date,
				the applicant may request a six month extension from the DOTD. No more than two
				six-month extensions may be granted under any circumstances. If the access
				connection is not constructed within 24 months from the permit issue date, the
				permit shall be considered expired. Any person wishing to reestablish an access
				connection permit that has expired shall begin again with the application
				procedures.
J. When the adjacent
				highway is under construction, a letter of no objection shall be obtained from
				the highway contractor before the application can be approved and the permit
				can be issued. A copy of this letter shall be attached to the permit.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1517 - Application Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				applicant shall submit a design that conforms with all requirements included
				herein. Design(s) shall also conform with all DOTD standards, where
				applicable.
B. The applicant shall
				make any and all changes or additions necessary to make the proposed access
				satisfactory to the DOTD.
C. Three
				copies of the completed application package, including all supplemental
				documentation, are required with each application. One copy is to be retained
				by the district office, and two copies are to be forwarded to DOTD Headquarters
				Permits Section. The application package shall include all supporting
				documentation as required by the district engineer administrator or his/her
				designee and as described in the Section entitled Process for Acquiring an
				Access Permit.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1519 - Permit Reapplication and Modifications to Existing Commercial Access Connections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				provisions of this Section do not apply to single-family residential access
				connection permits, as described in the definitions Section of this
				Chapter.
B. If the property is
				reconstructed/remodeled /redeveloped, the owner shall submit a request for a
				re-evaluation of the access connection(s). The re-evaluation shall contain all
				necessary information and documentation as required by DOTD in accordance with
				its policies, as well as a copy of the old access connection permit.
C. If the property owner reconstructs the
				access connection, a request for re-evaluation shall be submitted. The DOTD
				reserves the right to make changes to the original permit during this process
				in order to improve safety and operations.
D. If DOTD road maintenance and/or
				construction operations affect the condition or necessitate the reconstruction,
				improvement, modification, or removal of an existing access connection, a
				re-evaluation of the access connection geometrics, location, etc. may be
				performed by the district traffic operations engineer. The access connection
				permit may be re-issued according to the most current DOTD standards, and DOTD
				reconstruction efforts shall follow these standards. The cost to reconstruct
				the access connection to the right-of-way shall be borne by the DOTD. Any
				additional costs to improve on-site conditions may be borne by the property
				owner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1521 - Access Connection Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Location of Access Connections
1. The frontage of any parcel of property
				adjacent to a public highway shall be considered to be confined within lines
				drawn from the intersection of the property lines with the right-of-way lines
				of the highway to the roadway surface, and perpendicular to the axis of the
				highway; or if the axis is a curve, to the center of curvature; or a
				combination of the two. Those lines shall be known as boundaries.
2. In addition, the following constraints
				shall apply.
a. Full access should not be
				granted within the functional influence area of the intersection. The influence
				area shall be required by DOTD in accordance with its policies. For purposes of
				this Chapter, the functional influence area of an intersection shall be defined
				as the area beyond the physical intersection of two roadways and/or access
				connection points that:
i. comprises decision
				and maneuvering distances;
ii.
				comprises any required vehicle storage lengths, either determined by length of
				existing storage lanes, observed queue lengths, or anticipated post-development
				queue lengths, all as determined by the district traffic operations
				engineer;
iii. includes the length
				of road upstream from an oncoming intersection needed by motorists to perceive
				the intersection and begin maneuvers to negotiate it.
3. Access connections located near
				or within storage limits of existing or proposed right- or left-turn lanes with
				no alternate locations shall be located as far as possible from the
				intersection and may be granted right-in/right-out only access connection
				conditions.
4. If the subject
				property is located at the intersection of two routes, an access connection may
				be permitted on both routes however, one must be limited to right-in/right-out
				access. The determination of the access connection locations and restrictions
				on each shall be at the discretion of the DOTD according to this rule and other
				applicable DOTD policies.
5. The
				applicant shall provide sufficient on-site circulation to ensure the safe
				ingress and egress of vehicles on the site. This on-site circulation shall be
				contained within the owner's property boundaries and shall not encroach upon
				the right-of-way in any way. Adequate on-site vehicle storage shall be provided
				in order to prevent any overflow of queued/waiting traffic in the travel
				lane(s) of the adjacent roadway(s).
6. Access connections shall be designed and
				constructed so that a driver can maneuver entering, parking, and exiting
				without backing onto the adjacent roadway.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1523 - Limited Access Highways

Current through Register Vol. 50, No. 6, June 20, 2024
A. On those
				highways which have been designated as limited access highways, or along which
				service roads have been constructed, access shall be permitted to connect only
				to the service roads and not to the main traveled highways.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1525 - Access Connections - Spacing and Sharing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Every effort shall be made by the district
				traffic operations engineer and/or district engineer administrator to designate
				approved locations of access connections within existing property limits so
				that the spacing between adjacent access connections is maximized.
B. A minimum spacing as defined in DOTD
				policy should be maintained between access connections. If frontage is not
				available to maintain minimum spacing of access connections, the DOTD reserves
				the right to require adjacent property owners to share a single access
				connection.
C. When necessary to
				maintain the corridor and preserve mobility, adjacent property owners may be
				required by the DOTD to share an access connection (new or existing). This
				provision applies to both residential and commercial applicants. Under this
				provision, a residential applicant shall only be required to share use with
				other residential applicants. A commercial applicant shall only be required to
				share an access connection with other commercial applicants.
D. The DOTD may require adjacent commercial
				applicants to share access connections and/or provide connectivity between
				properties and parking lots in an effort to limit the number of access
				connections along the right-of-way.
E. When access connection sharing and/or
				property connectivity is required by the DOTD of independent property owners,
				it shall be the responsibility of the property owners to develop maintenance
				and cost agreements. The signed agreement shall be submitted to the DOTD as
				part of this application.
F. Any
				costs resulting from the requirement to share access connections or provide
				property connectivity shall be borne by the involved property owners and shall
				not be the responsibility of the DOTD.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1527 - Access Connection Operational Restrictions

Current through Register Vol. 50, No. 6, June 20, 2024
A. DOTD reserves the right to restrict
				operations at an access connection.
B. Such restrictions may include, but are not
				limited to:
1. turn restrictions (e.g.,
				right-in/right-out only);
2. truck
				only or no trucks;
3. entrance-only
				or exit-only.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1529 - Access Connections on Roadways with Medians

Current through Register Vol. 50, No. 6, June 20, 2024
A. On roadways with center medians of any
				type, access connections should not be permitted to align with median cuts or
				crossovers, and should be located as far from these cuts and crossovers as
				possible within property limit constraints.
B. DOTD reserves the right to require the
				applicant to modify, relocate, or construct crossovers to facilitate the
				movement of additional traffic expected to be generated by the proposed
				facility.
C. All access on roadways
				with medians may be restricted to right-in/right-out movements only, and, if
				required, shall be constructed in such a way as to prevent any other movements.
				This shall apply to both residential and commercial access.
D. Median opening spacing, locations, and
				operations with regard to access connections shall be as defined in DOTD
				policies.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1531 - Design Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. There
				are multiple standard plans for access connection types. The DOTD district
				engineer administrator or his/her designee will aid in determining the
				appropriate type for each application at the initial access connection permit
				meeting. These standard access connection types must be applied in their
				entirety without modification, unless otherwise recommended or approved by the
				district traffic operations engineer. The permissible design of access
				connection returns shall be governed by the type of access connection to be
				constructed and shall be as shown in the appropriate detail of the standard
				plans for access connections.
B.
				All traffic generator access connections shall be constructed with permanent
				hard surface type materials (i.e. asphalt or concrete) for a distance as
				required by DOTD in accordance with its policies. Aggregate access connections
				shall not be permitted within the right-of-way for these types of
				connections.
C. All entrances and
				exits shall be located so that drivers approaching or using them will have
				adequate sight distance in all directions along the highway in order to
				maneuver safely and without interfering with traffic. Minimum required sight
				distance shall be calculated using the methods required by DOTD in accordance
				with its policies.
D. All access
				connections shall be designed and constructed in accordance with all DOTD plans
				and specifications regarding drainage requirements. Culvert sizes, proposed
				elevations and proposed slopes shall be approved by the DOTD prior to issuance
				of an access connection permit. The DOTD may require a drainage study to be
				performed at the expense of the applicant.
E. Access connections shall be constructed
				according to DOTD standard plans and other applicable policies and
				provision.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1533 - Construction Requirements

Current through Register Vol. 50, No. 6, June 20, 2024
A. During
				construction in the right-of-way, appropriate temporary traffic control devices
				shall be used to maintain traffic on the roadway in a safe manner. All
				temporary traffic control devices and the placement of same shall conform to
				the most current DOTD standards.
B.
				All public notices shall be handled by the DOTD district office personnel.
				Closure plans and times shall be submitted to the district traffic operations
				engineer for review according to the following:
1. 5 working days before construction if
				traffic control plan has been approved or is contained in the plans that were
				approved;
2. 10 working days before
				construction if traffic control plan must be submitted for lane closures not
				addressed in the plans.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1535 - Improvements to the Adjacent Transportation System

Current through Register Vol. 50, No. 6, June 20, 2024
A. The DOTD may require mitigation on the
				adjacent roadway network and facilities due to the effects of the proposed
				development and access connection location(s). Expense for such requirements
				shall be borne by the applicant.
B.
				Mitigation, which may be required by the DOTD, may be determined through a
				complete traffic impact study and/or traffic signal study review process.
				Required mitigation shall be reviewed by the district engineer administrator.
				Any required mitigation shall be noted on the permit(s), as required by DOTD in
				accordance with its policies, and bond amounts shall be appropriate for such
				mitigation, if required.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1537 - Coordination with Local Authorities

Current through Register Vol. 50, No. 6, June 20, 2024
A. Additional permits may be required by
				other local governing authorities.
B. It is the responsibility of the applicant
				to determine the need for additional permits from local authorities, and to
				obtain these permits.
C. Access
				connection permits shall not be granted based on the possession of other
				required state or local permit(s). The issuance of a DOTD access connection
				permit does not guarantee the issuance of other required state or local
				permit(s).
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1539 - Temporary Access Connection Permits

Current through Register Vol. 50, No. 6, June 20, 2024
A. Temporary access connection permits may be
				granted for a period of time as specified on the permit. This time period shall
				be specified on the permit prior to issuance.
B. Temporary access connection permits shall
				not be issued for a period of time to exceed one year.
C. A temporary access connection permit may
				be extended or reissued as approved by the district engineer
				administrator.
D. Applications for
				temporary access connection permits shall be accompanied by a bond per DOTD
				policies.
E. All temporary access
				connections installed under a temporary access connection permit shall be
				constructed using non-permanent materials (i.e. aggregate). Concrete or asphalt
				should not be used for temporary access connections.
F. The property owner shall be responsible
				for removal of any materials tracked onto the roadway by property operations on
				a daily and continual basis until such time that the temporary access
				connection is removed.
G. Temporary
				access connection permits may be issued where access from a state highway is
				needed on a short-term basis. Such instances may include, but are not limited
				to:
1. access during construction for a site
				where the future permanent access will be located on another roadway not within
				the state highway right-of-way;
2.
				use of an existing access connection during the permit application process for
				a change in land use.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1541 - Appeals Process

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any decision
				rendered by the DOTD district office may be appealed by the applicant to the
				DOTD headquarters staff.
B. Appeals
				shall be filed in accordance with the DOTD appeals policies.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1543 - Utility Company Access Connections

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Permits requested by utility companies for access connections within the DOTD
				right-of-way shall be limited to 15 feet in width.
B. Permit requests for access wider than 15
				feet will require proof of necessity before approval. Such requests shall be
				approved by the district traffic operations engineer.
C. Prior to permit approval, a DOTD permit
				for placement of a cable closure box or maintenance cabinet on DOTD
				right-of-way must have been granted.
D. The following special condition must be
				noted on utility company permits when the applicant does not have control of
				the frontage (abutting) property:
"This permit is issued subject to permittee obtaining prior
				  approval for any access(s) and producing written permission from abutting
				  property owner(s). Otherwise, said access(s) shall be completely removed from
				  the highway right-of-way. Access(s) is(are) to be used for the maintenance of
				  utilities only and is(are) not to be used for any other
				  purposes."
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1545 - Bus Stop Shelters

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permits for
				bus stop shelters within the highway right-of-way shall only be granted to
				public bodies (e.g. municipality, police jury, etc.).
B. Applications for such permits must include
				the following information:
1. name of the
				agency requesting the permit;
2.
				type and size of shelter or bench, including diagram of such (to scale with
				dimensions);
3. exact proposed
				location with respect to the highway and to the right-of-way limits;
4. drainage requirements;
5. access requirements;
6. signed statement that approaches will be
				maintained by the agency in an acceptable state of repair.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1547 - Railroad Crossings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Railroad tracks crossing highways shall conform to the permit supplement titled
				Rules and Regulations Governing the Construction of Railroad Grade Crossings on
				State Highways.
B. It is the
				responsibility of the applicant to contact the appropriate railroad agency,
				submit any required documentation, and pay any required fees in order to obtain
				a permit from the railroad agency.
C. DOTD shall not issue an access connection
				permit until the appropriate railroad permit(s) has (have) been secured by the
				applicant.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  48:344.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part I - Highway Construction › Chapter 15 - Access Connection Permits › Section I-1549 - Failure to Comply

Current through Register Vol. 50, No. 6, June 20, 2024
A. Unlawful
				access connections shall be:
1. any driveway,
				street, or other connection which violates the provisions of this
				Chapter;
2. any driveway, street,
				or other connection which violates the provisions of the permit issued;
				or
3. any driveway, street, or
				other connection which is constructed without an access connection
				permit.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part II - Utilities › Chapter 1 - Communication Cable Installation on Highway Structures › Section II-101 - General

Current through Register Vol. 50, No. 6, June 20, 2024
A. Communication
				Cable Installation on Highway Structures EDSM Number IV.2.1.8
1. Purpose. To establish policy and procedure
				for the installation of cable for communication systems on highway
				structures.
2. Background.
				Louisiana
				R.S.
				36:504(B)(1)(d) allows the
				Department of Transportation and Development to permit installation of cables
				for communications systems on the department's bridges.
3. Policy. Communication cables may be
				attached to highway structures, provided that such attachments do not
				overstress structural members, damage the structure, obstruct the clear roadway
				or waterway, interfere with structure maintenance, or create a hazard to the
				traveling public. Where it is feasible and reasonable to locate communication
				lines elsewhere, attachments to highway structures will be avoided.
				Communication system owners shall be charged a one-time lump sum fee prior to
				installation, which will be nonrefundable, and an annual rental for the
				installation.
4. Procedure. The
				right-of-way permits engineer will be responsible for the implementation and
				coordination of these procedures.
a. Any
				request for the attachment of a communication cable to a highway structure will
				be made using the supplement and application for Project Permit Form DOTD
				03-41-0593 (See LAC 70:III.121.B), copies of which will be maintained in each
				district office.
b. The application
				for permit shall be reviewed and approved at the district office then sent to
				the right-of-way permits unit in Baton Rouge for further handling.
c. The owners shall be charged an annual
				rental for the privilege, but not as a payment for a property right or use and
				occupancy of the highway structure. A schedule shall be maintained by the
				right-of-way permits engineer of reasonable annual rental rates to be charged
				owners.
d. A guarantee deposit to
				insure the satisfactory completion of the work shall accompany the application
				for permit. No inspection fee is charged and the guarantee deposit will be
				refunded promptly upon the receipt of notice from the district administrator
				that the work has been satisfactorily completed.
e. Plans will be submitted to the bridge
				design engineer and the structures and facilities maintenance engineer for
				approval.
f. The request must be
				accompanied by plans of the proposed method of attachment and shall be in
				accordance with Subsection B, "Regulations for Installation of Cables for
				Communication Systems on Structures" supplement.
5. Other Issuances Affected. All directive,
				memoranda or instructions issued heretofore in conflict with this directive are
				hereby rescinded.
6. Effective
				Date. This directive will become effective immediately upon receipt.
Supplement to DOTD Form 03-41-0593
This Supplement is part of Permit Number
_________
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part II - Utilities › Chapter 3 - Department Relocation of Publicly Owned or Non-Profit Utilities › Section II-301 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a publicly
				owned, non-profit utility is not able to bear its share of the cost for
				adjusting its facilities to accommodate a highway project, it may apply for
				funding under
				R.S.
				48:381(C), hereinafter
				referred to as Utility Relocation Assistance Funding (URAF).
1. General Conditions
a. In order to qualify for URAF funds, a
				utility must be owned by a governmental body such as a municipality or parish,
				or be a non-profit utility.
b. In
				order to qualify for URAF funds, a utility must be financially unable to bear
				its share of the adjustment expense.
c. URAF funding is neither a loan nor a grant
				and there is no interest charged on this money. However, the utility must repay
				this money eventually, or it will not be allowed to locate its facilities
				within highway right-of-way.
d.
				Highway adjustments are considered normal, foreseeable maintenance for
				utilities located on highway right-of-way.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part II - Utilities › Chapter 3 - Department Relocation of Publicly Owned or Non-Profit Utilities › Section II-303 - Additional Information to be Supplied by Applicants for Utility Relocation Assistance Funding (URAF)

Current through Register Vol. 50, No. 6, June 20, 2024
A. A
				copy of the utility owner's most recently completed audit report must be
				provided to DOTD. If no audit has been performed, the utility owner should
				initiate one. The certification process may not begin until this report is
				submitted.
B. A copy of the utility
				owner's unaudited financial statements covering the period from the date of the
				last audited financial statements to the current date must be provided to
				DOTD.
C. A copy of the utility
				owner's budget, including any amendments, for the current fiscal year must be
				provided to DOTD.
D. A listing of
				encumbrances that are payable from the utility owner's current year earnings
				must be provided to DOTD. For the purpose of this certification, encumbrances
				are considered to be those items for which the utility owner has incurred an
				obligation to expend current year earnings, plus 10 percent of the current
				year's revenue as a reserve.
E. A
				signed representation letter prepared on the utility owner's letterhead must be
				provided to DOTD. It must state:
1. that the
				utility owner is familiar with the provisions of
				R.S.
				48:831;
2. that the utility owner has not violated
				any of the provisions of
				R.S.
				48:381 in the past;
3. if the utility owner has received URAF
				funding from DOTD in prior years, the utility owner must meet the following
				requirements:
a. it must state that it has
				received prior URAF funding;
b. it
				must state that it has:
i. not located
				facilities longitudinally in state highway right-of-way since last receipt of
				URAF funding if a balance is outstanding; or
ii. facilities have been placed
				longitudinally in highway right-of-way and URAF funds have been reimbursed to
				DOTD.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part II - Utilities › Chapter 3 - Department Relocation of Publicly Owned or Non-Profit Utilities › Section II-305 - Department Relocation of Publicly Owned or Non-Profit Utilities

Current through Register Vol. 50, No. 6, June 20, 2024
A. This Section
				will apply to any and all qualifying utility relocations resulting from
				projects that receive federal or other required authorization after the
				effective date of this Section. The rules and regulations set forth in
				§301 and
				§303 of this Chapter will continue to
				apply to any and all qualifying relocations resulting from projects that have
				received federal or other required authorization prior to the effective date of
				this Section. This Section is effective as of the date of this publication as a
				final Rule in the
Louisiana Register.
B. When a publicly owned or non-profit
				utility is not able to bear its share of the cost for adjusting its facilities
				to accommodate a highway project, the department may enter into a contract for
				the proposed utility relocation work, either as part of the highway project or
				through a separate public works contract, if all of the following conditions
				are met:
1. the utility installation is
				located on a state-owned right-of-way;
2. the utility installation is owned by a
				public municipality, parish, or special district created by or pursuant to law
				or a nonprofit water corporation or nonprofit gas district;
3. it is necessary to remove or relocate such
				installation for the construction, repair, widening, relocation, or improvement
				of a state or an interstate highway;
4. the utility is financially unable to bear
				its share of the adjustment expense, as determined pursuant to the provisions
				of
				R.S.
				48:381(C)(2)(a) and this
				Section;
5. the owner of the
				utility installation agrees in writing, prior to the relocation of the utility
				installation, to allow the department, its contractor, or employees or agents
				thereof to modify the utility installation as part of the departments
				construction project; and
6. the
				owner of the utility installation agrees in writing, prior to the relocation of
				the utility installation, to accept ownership and maintenance of any utility
				installations newly constructed or modified as part of the departments
				construction project, upon final acceptance of such construction project by the
				department.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part II - Utilities › Chapter 5 - Standards Manual for Accommodating Facilities on Highway Right-of-Way › Section II-503 - Statutes

Current through Register Vol. 50, No. 6, June 20, 2024
A. Responsibilities
				Pertaining to Highway Occupancy
1. State of
				Louisiana Department of Transportation's Responsibility
a. Prescribe and enforce all rules and
				regulations as to construction, repairs or maintenance of the poles, wires and
				lines of telegraph, telephone, community antenna television systems or power
				companies and pipelines of gas districts, gas, water, sewers, or other pipeline
				companies, so as to insure the safety of the traveling public in using the
				roads, bridges and highways in this state; and to include regulations in
				contracts and agreements entered into with utilities in granting permits for
				construction on right-of-way necessary to insure the safety of the traveling
				public and prevent damage to highways and bridges.
b. Prescribe and enforce any reasonable rules
				and regulations so as to prevent unnecessary trespassing upon or damage to any
				of the public roads, bridges or highways of the state.
c. Direct utilities to relocate their plant
				when such plant is in conflict with highway construction contracts.
d. Pay cost of adjustment of plant to be
				relocated if said plant is located on private right-of-way.
e. Pay cost of adjustment if plant in
				conflict is located on public right-of-way under certain conditions, such as
				utilities having prior rights.
f.
				Withhold permit from utility if it concerns area where highway construction
				project is in progress until utility has received permission from the prime
				highway contractor to enter or cross said project.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part II - Utilities › Chapter 5 - Standards Manual for Accommodating Facilities on Highway Right-of-Way › Section II-507 - Standards, Policies and Conditions for Utility Installations

Current through Register Vol. 50, No. 6, June 20, 2024
A. Permits granted
				by the DOTD are granted only insofar as the Louisiana Department of
				Transportation and Development has the power and right to grant them. In
				granting permits no right or privilege of the abutting property owner is
				interfered with or abridged, nor is the DOTD responsible for any damage which
				may arise between the applicant and the property owner.
B. The headquarters utility and permit
				engineer is responsible for issuing all right-of-way permits, processing joint
				use agreements, and relocating utilities for construction projects.
C. The district administrator may issue
				certain permits under specified conditions (the headquarters utility and permit
				engineer may also issue these permits).
D. Each district administrator is responsible
				for enforcing the requirement of obtaining a permit before performing work on
				highway right-of-way, and for requiring compliance with issued permits.
				Whenever it is discovered that work is being performed on highway right-of-way
				without a permit, or not in accordance with an issued permit, the work shall be
				stopped immediately and shall not continue until compliance is
				obtained.
E. The district utility
				and permit specialist acts as the representative for both the district
				administrator and the headquarters utility and permit engineer; therefore, the
				district administrator and the headquarters utility and permit engineer will
				usually act through the district utility and permit specialist when dealing
				with these matters.
F. Individual
				permits may be suspended, canceled, or approved by the headquarters utility and
				permit engineer, the district administrator, and the district utility and
				permit specialist. Also, issuance of permits to a specific party may be
				suspended on a district wide basis by the district administrator, district
				utility and permit specialist, or the headquarters utility and permit engineer.
				Issuance of permits to a specific party may only be suspended on a state wide
				basis by the headquarters utility and permit engineer.
G. Permits may be suspended or canceled if
				the permittee fails to comply with any DOTD policy, or fails to cooperate with
				DOTD personnel. Note that permits should be suspended and/or canceled for those
				utilities that fail to submit utility relocation agreements at the time
				specified. The reason for any action should be made clear. The district utility
				and permit specialist should suspend and/or cancel permits upon the request of
				the following DOTD personnel:
1. project
				engineer;
2. headquarters utility
				and permit specialist;
3. district
				construction engineer;
4. district
				maintenance engineer.
Louisiana Administrative Code › Title 70 - TRANSPORTATION AND DEVELOPMENT › Part II - Utilities › Chapter 5 - Standards Manual for Accommodating Facilities on Highway Right-of-Way › Section II-511 - General Considerations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				following shall govern the location and design of all utility installations
				within highway right-of-way.
1. Location
a. Utility lines shall be located to minimize
				need for later adjustment to accommodate future highway improvements and to
				permit installation and servicing such lines with minimum interference to
				highway traffic.
b. Parallel
				installation shall be located on a uniform alignment as near as practicable to
				the right-of-way line so as to provide a safe environment for traffic
				operations and preserve space for future highway improvements or other utility
				installations.
c. To the extent
				feasible and practicable, utility line crossings of the highway will cross on a
				line generally normal (90°) to the highway alignment.
d. The horizontal and vertical location of
				utility lines within the highway right-of-way limits will conform with the
				clear roadside policies applicable for the system, type of highway and specific
				conditions for the particular highway section involved. The location of
				above-ground utility facilities will be consistent with the clearances
				applicable to all roadside obstacles for the type of highway
				involved.
e. In planning utility
				installations or relocations just outside highway right-of-way, consideration
				should be given by the utility to avoid placement of facilities within one foot
				immediately adjacent to and outside the right-of-way to avoid damages by the
				DOTD's contractor in relocating property owners' fences 1 foot beyond such
				right-of-way in compliance with DOTD policy on construction projects.
f. In all cases, full consideration will be
				given to measures reflecting sound engineering principles and economic factors,
				necessary to preserve and protect the integrity and visual quality of the
				highway, its maintenance efficiency and the safety of highway
				traffic.