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-513 - Specific Policies and Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The rights and privileges granted under an
				occupancy permit or agreement shall be nonexclusive and shall not be construed
				to be any broader than those expressly set out in acts of the Legislature of
				the State of Louisiana, regardless of the language used in the permit or
				agreement and any fixture or appurtenances on the highway right-of-way shall be
				placed in accordance with existing laws and the standards of the
				DOTD.
B. The DOTD does not allow
				utility installations to be placed on and along highway right-of-way unless the
				applicant is a public utility operating under the jurisdiction of the Louisiana
				Public Service Commission or is a federal, state, parish, or municipal agency.
				Under this policy, REAs are classified as public utilities. Also included are
				certain nonprofit organizations or companies, generally financed by FHA loans,
				which serve the public with some utility service, but which do not come under
				the jurisdiction of the Louisiana Public Service Commission. Temporary
				facilities, for a specified time not to exceed 120 days, may be permitted under
				this policy.
C. All fixtures and
				appurtenances thereto, after having been erected on highway right-of-way, shall
				at all times be subject to inspection, and the right is reserved to require
				such changes, additions, repairs, relocations and removal as may at anytime be
				considered necessary to permit the relocation, reconstruction, widening and
				maintaining of the highway and to provide proper and safe protection to life
				and property on or adjacent to the highway or in the interest of safety to
				traffic on the highway, and the cost of making such changes, additions, repairs
				and relocations shall be borne by the applicant for permit and all of the cost
				of the work to be accomplished under the permit shall be borne by the permittee
				who agrees to hold the DOTD harmless.
D. The proposed facilities or their operation
				or their maintenance shall not unreasonably interfere with the facilities or
				the operation or maintenance of the facilities of other persons, firms or
				corporations previously issued permits of use and occupancy, and the proposed
				facilities shall not be dangerous to persons or property using or occupying the
				highway or using facilities constructed under previously granted permits of use
				and occupancy; the DOTD's records of permits are available to the applicant for
				permit to determine the existence and location of all facilities within the
				highway right-of-way.
E. The DOTD
				does not allow utility installations to be placed on or attached to its bridges
				and structures, except for communication cables in accordance with E.D.S.M.
				IV.2.1.8.
F. The DOTD does not
				allow installations to be placed through drainage structures (this hinders
				clean out and/or maintenance of the structure). Temporary installations may be
				permitted, if they will not unduly interfere with drainage
				requirements.
G. Hard-surface
				roadways are not to be cut for placing utility installations across the
				highways except in extreme cases which must be fully explained and justified by
				the permittee and the district utility and permit specialist. Pipe or casing
				crossing roadway shall be jacked or bored in accordance with the applicable
				requirements of this Chapter and in accordance with E.D.S.M.
				IV.2.1.1.
H. No drainage canals or
				ditches except those drainage canals and ditches excavated, operated and
				maintained by the DOTD for the purpose of draining the highway are to be
				constructed on highway right-of-way. The DOTD has the right to prohibit and
				prevent the connection of any other system of drainage canals, ditches or
				conduits with its canals, ditches or conduit systems.
I. The DOTD does not permit any transmission
				facilities on or parallel to the highway right-of-way. This applies to both
				overhead and underground facilities. Applications are to indicate whether the
				proposed facility is a transmission or a distribution facility and in the case
				of an electric line, the voltage is to be shown. The DOTD will consider
				applications for over building existing electric distribution lines with
				transmission lines, provided pole locations remain relatively the same and,
				further, provided that single pole construction is used. Operating pressures of
				natural gas and product lines parallel to and in highway right-of-way shall not
				exceed 200 pounds per square inch.
J. The DOTD does not permit sanitary sewer
				lines to discharge at any point within the limits of the highway right-of-way.
				However, effluence may be discharged in accordance with
				R.S.
				48:385.
K. Data relative to the proposed location,
				relocation and design of fixtures or appurtenances as may be required by the
				DOTD shall be furnished to the DOTD by the applicant free of cost, and the
				applicant shall make any and all changes or additions necessary to make the
				proposed fixtures and appurtenances thereto satisfactory to the DOTD.
L. Cutting and trimming of trees, shrubs or
				vines within highway right-of-way will be permitted only in accordance with
				E.D.S.M. IV.2.1.6 and in accordance with the
Policy for Roadside
				Vegetation Management Manual
.
M. For grading and landscaping, the permit
				application must be in the name of a public agency such as a municipality or
				police jury (not garden clubs or other such organizations). All work must be in
				accordance with the
Policy for Roadside Vegetation Management
				Manual
, and approved by the DOTD's landscape architect. All plantings
				shall be accomplished without blocking or slowing traffic, nor shall traffic
				hazards be created (by parking on or near the highway, leaving equipment or
				plants on or near the highway, etc.). The permit shall be revoked immediately
				if any of this occurs. This type of permit is discouraged on controlled access
				highways. Sprinkler systems, vegetation lighting and other such installations
				within highway right-of-way are also discouraged.
N. Telephone companies are installing more
				and more buried cable in lieu of overhead communication lines. Due to the type
				of equipment used in installing this cable and in recognition of the advantages
				of this type of installation, such as a reduction in the number of poles and
				reduced cutting and/or trimming of trees, permits and agreements are approved
				for locations other than the last few feet of right-of-way. This is not to be
				construed as a waiver of policy. In all cases, DOTD policy is to require
				installation as near the right-of-way line as possible, allowing sufficient
				room for the operation of plowing-machine and auxiliary equipment.
O. When and so long as the facilities
				involved in the permit are used in interstate commerce, the permit is
				conditioned on there being in force a Certificate of Convenience and Necessity
				issued by the Federal Power Commission, or such other federal agency as may be
				so authorized by Congress, to the applicant for permit and upon the applicant's
				compliance with all the terms of such certificate and the orders issued in
				connection therewith.
P. The DOTD
				does not issue blanket permits or agreements. A separate and new permit or
				agreement is required each time additional work is to be performed on highway
				right-of-way.
Q. The DOTD does not
				issue continuous permits or agreements. Permits for continuing work within DOTD
				right-of-way, such as cutting grass, shall be issued for periods of less than
				five years, and shall not be renewed (i.e., the permittee must apply for a new
				permit). Joint use agreements shall be issued for periods of less than 10
				years, and may be renewed in 10-year increments. Utility relocation agreements
				shall remain valid until all work has been completed and the agreement is
				closed.
R. The applicant for permit
				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 this permit, whether or not the same may have been caused by
				the negligence of the DOTD, its agents or employees, provided, however, that
				the provisions of this last clause (whether or not the same may have been
				caused by the negligence of the DOTD, its agents or employees) shall not apply
				to any personal injury or property damage caused by the sole negligence of the
				DOTD, its agents or employees, unless such sole negligence shall consist or
				shall have consisted entirely and only of negligence in the granting of a
				permit.
S. The standards of the
				DOTD for installations or construction on state highways that are printed on
				the permit form shall be strictly observed and if none of these apply, such
				standards and specifications as do apply shall be attached to and become a part
				of the application for permit.
T.
				The applicant for a permit shall be the owner of the facility for which a
				permit is requested and any permit granted by the DOTD is granted only insofar
				as the DOTD has the power and right to grant the same. Any permit issued by the
				DOTD must be available at the site where and when work is being done.
U. Any permit granted by the DOTD is subject
				to revocation at any time.
V.
				Signing for warning and protection of traffic in instances where excavations
				are made in the shoulder of the roadway, or in the roadway surfacing, or where
				workmen, equipment or materials are in close proximity to the roadway
				surfacing, shall be in accordance with requirements contained in the DOTD's
Maintenance Traffic Control Handbook
, available from the
				office of the DOTD maintenance engineer administrator. Insofar as is possible,
				no vehicles, equipment and/or materials shall operate from, or be parked,
				stored or stockpiled on any highway in an area extending from the outer edge of
				the shoulder of the highway on one side to the other edge of the shoulder of
				the highway on the opposite side or in the median of any divided highway.
				Vehicles, equipment, materials, etc., shall not be left within this area of a
				highway during hours of darkness unless protected by crash attenuation devices
				placed adjacent to an unprotected immovable object located within 30 feet of
				the edge of the traveled roadway.
W. Any application for permit which provides
				for any work within the limits of a highway construction project must be
				accompanied by a signed letter from the highway contractor giving his approval
				or offering no objection to the proposed work.
X. All provisions and standards contained
				herein relative to the installation of utilities shall apply to future
				operation, service and maintenance of utilities.
Y. Drainage in highway side and cross ditches
				must be maintained at all times. The entire highway right-of-way affected by
				work under a permit must be restored to as good a condition as existed prior to
				beginning work to the complete satisfaction of the engineer.
Z. Permits will not be issued nor utility
				relocation agreements approved for the placing of any type of sign on highway
				right-of-way except to certain political subdivisions of the state such as the
				Department of Agriculture or the Forestry Commission. In these cases, the exact
				location of each sign must be reviewed by the district traffic operations
				engineer and approved by the district administrator. Nothing herein is to be
				construed as prohibiting the erection of railroad warning signs which are
				required by law. Also, as a condition to granting a permit or approving an
				agreement which requires excavation in the roadway section or provides for work
				in close proximity to the roadway surfacing, the DOTD shall require the
				applicant to provide and maintain adequate temporary signs to warn and protect
				the traveling public.
AA. The DOTD
				shall allow the placement of signs on highway right-of-way by schools where it
				is necessary to designate a school zone, or to comply with the drug free zone
				laws. In these cases, the exact location of each sign must be reviewed by the
				district traffic operations engineer and approved by the district
				administrator.
BB. The DOTD does
				not allow the installation of underground anode cathodic protection in highway
				right-of-way.
CC. In instances
				where a utility company is relocating its facilities on a DOTD construction
				project, via utility agreement with DOTD, the agreement is construed as the
				permit for the installation.
DD.
				Repairs under the roadway will not be allowed if it necessitates open cutting
				the roadway prism. If trouble with a crossing is experienced the utility
				company must install a new crossing at 100 percent their cost.
EE. Repairs are not allowed within control of
				access areas.
FF. Vitrified clay
				pipe and asbestos concrete pipe are not allowed within DOTD
				right-of-way.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 19:14, 30:210-217, 32:236, 38:2223,
				  38:3094, 48:191-193, 48:217, 48:295.1-4, 48:343-344, 48:381-383, 48:385-387,
				  51:1901-1909.