Missouri Code of State Regulations › Title 7 - MISSOURI DEPARTMENT OF TRANSPORTATION › Division 10 - Missouri Highways and Transportation Commission › Chapter 3 - Utility and Private Line Location and Relocation › Section 7 CSR 10-3.010 - Location and Relocation of Utility Facilities on State Highways

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment promulgates rule provisions
				  that establish a standardized statewide system to request and issue variances
				  to locate/relocate utility facilities in the utility corridor. It also
				  establishes rule provisions for the department to expand, in its sole
				  discretion, the utility corridor to twelve feet (12') wide when the corridor is
				  fully utilized and where space is reasonably available.
(1) Application.
(A) The following rule is established for the
				location or relocation of utility facilities on the right-of-way of highways in
				the state highway system. Any location or relocation of utility facilities
				contrary to this rule and without a permit or an approved variance is declared
				to be an interference with the construction, maintenance, or operation of state
				highways and their right-of-way and is prohibited.
(B) Except as expressly exempted in this
				rule, all work to be performed on right-of-way of the state highway system in
				connection with the location, relocation, or maintenance of utilities, and
				where the roadway, shoulders, or right-of-way will be affected by the work,
				must be done only under a permit or agreement to be issued prior to the
				commencement of said work by authority of the Missouri Highways and
				Transportation Commission and that specifies the nature of the work to be
				performed. Application for these permits shall be made on forms M-460 provided
				for that purpose, which is incorporated by reference and made a part of this
				rule, as published by the Missouri Department of Transportation, 105 W. Capitol
				Ave., PO Box 270, Jefferson City, MO 65102, on July 1, 2020. This rule does not
				incorporate any subsequent amendments or additions to the Application.
				Applications for permits may be obtained at any of the seven (7) district
				highway offices of the commission, Missouri Department of Transportation's
				website located at:
http://modot.mo.gov/design/UtilityResources/Permits.htm
,
				or by requesting the applications from the office of the Missouri Highways and
				Transportation Commission at the Missouri Department of Transportation
				Building, PO Box 270, Jefferson City, MO 65102, or by calling (573)
				751-2551.
(C) When emergency
				operations work is necessary, the damaged facility may be accessed immediately
				and without a permit by leaving the through roadways at such points as may be
				necessary to effect emergency repairs, provided immediate notice is given to
				the Missouri State Highway Patrol and the commission's district engineer or
				his/her designee for the district wherein the work will be performed, and a
				permit for emergency operations is requested immediately upon discovery of the
				need for emergency operations. A permit for emergency operations work is to be
				obtained as soon as practical, but in no event later than two (2) working days
				after the emergency operations work has commenced. For the purposes of this
				subsection (1)(C), emergency operations includes, but is not limited to,
				unplanned work in response to utility lines or facilities being so damaged as
				to constitute an emergency situation directly affecting or endangering traffic
				on the highway or public health or safety.
(D) This rule does not apply to utility lines
				for services to facilities required for operating the highway on the state
				highway system.