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Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.3 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
The following provisions govern access encroachments onto a
				  primary highway:
(1) No access
				connection construction activity on a highway shall begin until an access
				permit has been issued by the department.
(2) A new access permit is required when
				there is a change in use of the access connection. A change in access use
				includes a change in predominant vehicle types or an increase in traffic
				volumes or a situation when the use exceeds the design and engineering
				limitations of the existing access design. If the property owner desires to
				change from the historical access use or to a use not authorized by the terms
				and conditions of the existing access permit, a new permit is
				required.
(3) No person shall
				excavate, fill or make any physical change to any part of the right-of-way
				without a permit issued by the department.
(4) No person shall drive a motor vehicle to
				or from a highway at a location that is not an authorized access
				connection.
(5) No new access
				rights shall accrue from, and no additional access shall be provided upon, the
				splitting or dividing of existing parcels of land or contiguous parcels under
				the same ownership or controlling interest unless the proposed access complies
				with access category and design requirements and is permitted. Adjacent
				properties under common ownership or control, consolidated for development, or
				part of a phased development plan shall be considered one unit, and a unified
				access and circulation plan shall be established for the site.
(6) No rights of access are conveyed when the
				department provides a new access connection or modifies an existing access
				connection.
(7) The terms and
				conditions of any permit are binding upon the applicant, the property owner and
				all assigns, successors-in-interest, heirs and occupants. Should an assign,
				successor-in-interest, heir or occupant not accept the terms and conditions of
				an existing permit, the assign, successor-in-interest, heir or occupant shall
				apply for a new access permit or a permit to close the access.
(8) A property owner not wanting to assume
				responsibility for an access or its requirements may apply for access removal.
				Such removal shall be at the property owner's expense unless agreement is made
				for removal during a highway project.
(9) A permit grants no property rights or
				interests in state right-of-way.
(10) Where there are multiple accesses to the
				same parcel, the department may consolidate existing access connections during
				a highway project.
(11) The
				department has the authority regarding operational modifications to the highway
				and all access connections.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.4 - Permitting Process

Current through Register Vol. 47, No. 3, July 24, 2024
An access permit is required for an encroachment onto public
				  right-of-way for the construction, reconstruction or modification of an access
				  connection or any of its related appurtenances.
(1)
Application for an access
				permit.
a. To obtain an access
				permit, applicants will use the web-based system found at
www.iowadot.gov
. If the applicant
				cannot use or connect to this electronic system, the applicant may contact the
				appropriate district office that is responsible for the area in which the
				proposed access is located. An applicant may be the property owner or the
				owner's authorized agent.
b. A
				separate access application and permit is required for each access
				connection.
c. The department will
				not act on an application it deems incomplete and shall notify the applicant if
				additional information is required.
d. Intentional misrepresentation of existing
				or future conditions or providing false information shall be considered
				sufficient grounds for denial or revocation of a permit.
e. The applicant is responsible for any
				location and design plans required to describe the access.
f. The applicant is responsible for providing
				an estimate of the traffic volume of the access and the property as a whole.
				The estimate will include the anticipated average daily or hourly use and the
				anticipated access use upon the full development of the property.
g. For access types A and B as defined in
				subrule 112.5(2) and public intersections, the department should require a
				traffic impact analysis from the applicant during the processing of a permit
				request. Such traffic impact analysis shall be prepared by a professional
				engineer licensed in Iowa at the cost of the applicant. The analysis will
				address a current and 20-year projection of traffic activity and impacts at and
				near the proposed access connection, including the full-development traffic
				volumes of the access connection.
h. It is the responsibility of the applicant
				to comply with local ordinances and obtain any other local permits, utility
				permits or agency approvals that may be required.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.5 - Access Types and the Primary Highway Category System

Current through Register Vol. 47, No. 3, July 24, 2024
This rule manages access connections according to highway
				  function, design, traffic volumes, speed and roadside conditions.
(1)
General.
a. The department will assign access
				categories to all highways according to the descriptions in subrule
				112.5(3).
b. There are no minimum
				or maximum distance criteria for the length of a category assignment.
c. The department may assign a specific
				category to a segment of highway based on operational needs and to maintain
				consistency along a specific route.
d. The department will maintain an access
				category assignment schedule for the highway system.
e. Municipal access categories are for
				primary highway extensions within municipalities where concurrent jurisdiction
				applies pursuant to Iowa Code section
				306.4(4).
f. For all access categories, access
				connections should be kept to the minimum necessary to provide reasonable
				access. A second access to a parcel may be provided only if it meets spacing
				criteria, internal circulation is not feasible, and there is a necessity for
				the access.
g. If the category
				allows type D access, an additional type D access may be granted to a parcel if
				the necessity due to topography problems or ongoing agricultural activities is
				demonstrated. A change in use of the parcel of land serviced by the type D
				access requires a new permit and may require the access be closed if the
				location will not meet access category requirements for another type.
h. A secondary access for emergency fire
				services when required by local fire safety regulations may be permitted on all
				categories except for the categories interstate and freeway (I/F), expressway
				(E), and municipal expressway (ME) and across controlled access lines. Such
				emergency access may be permitted only if it is not feasible to provide the
				emergency access to a secondary roadway. A written explanation with references
				to local standards from an appropriate government safety official shall be
				included with the application. The access shall not be open for nonemergency
				uses and shall be maintained by the permittee as a closed access except during
				emergencies. Hidden pavement structures are acceptable.
i. Access connections to government parcels
				will be treated the same as private access types based on volume with the
				exception of egress access connections used specifically for emergency response
				services such as fire stations.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.8 - Drainage Requirements for Access Connection Approvals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				permittee shall provide, at the permittee's expense, drainage structures for
				access connections that will become an integral part of the existing drainage
				system.
(2) The type, size and
				condition of the drainage structures provided by the permittee shall meet the
				requirements of the department in unincorporated areas and the requirements of
				both the department and the municipality in incorporated areas. The design and
				construction of drainage structures for access shall not adversely impact the
				highway right-of-way, a storm sewer system or a drainage-way.
(3) The construction of an access shall not
				impair the drainage or stability of the highway subgrade, nor shall it cause
				water to flow across the roadway pavement or pond on the shoulders or in the
				ditch or result in erosion within the highway right-of-way.
(4) Drainage systems designed and constructed
				by the department within the highway right-of-way are designed to serve the
				drainage needs of the highway and adjoining properties based on the basin
				conditions at the time of the design of the highway.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.9 - Violations at Access Connections

Current through Register Vol. 47, No. 3, July 24, 2024
(1) It is the
				responsibility of the property owner and permittee to ensure that the access is
				not in violation of this chapter or the terms and conditions of the
				permit.
(2) When an authorized
				access is constructed or used in violation of this chapter or the terms and
				conditions of the permit, the department may suspend the access permit and may
				order the immediate closure of the access. Notwithstanding the preceding
				sentence or any other provision of this chapter, the department may proceed as
				authorized under Iowa Code chapter 318 at any time.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.11 - Policy on Acquisition of Access Rights

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
It is necessary
				that every effort be made to preserve the public investment in the primary
				highway system. Where efficiency of traffic movement is desired, this
				investment is preserved by acquiring the adjacent property's access rights and
				limiting or prohibiting direct access to the primary highway. This provides a
				safer environment for the highway user, increases the free and efficient
				movement of through traffic, and reduces highway accidents by minimizing the
				number of conflict points or entrances located along the highway.
(2)
Project development.
During the initial stages of project development for a highway improvement
				project, the department shall determine if access rights to the primary highway
				will be acquired and the applicable access priority classification to be
				applied.
The department shall consider average daily traffic, proposed
				  design features of the facility, terrain, the function of the particular
				  section in relation to the total highway system, the commercial/industrial
				  network of highways, service level, continuity of the system and sound
				  engineering judgment.
(3)
Access rights at at-grade intersections with city streets and secondary
				roads.
When access rights to a primary highway are acquired, the
				department may also acquire access rights along a city street or secondary road
				where an at-grade intersection with the highway exists or is proposed. If
				access rights are acquired, they will be acquired along the city street or
				secondary road for a distance of 150 feet from the near edge of the primary
				highway traveled way. However, the department may acquire more or less than 150
				feet of access rights after considering the severity of damage to adjacent
				properties and traffic volumes and other safety factors.
(4)
Access rights at at-grade primary
				intersections.
a. When access rights
				to a primary highway in a rural area are acquired, the department may also
				acquire access rights along an intersecting at-grade primary highway for a
				minimum distance from the intersection of the centerlines of the two primary
				highways as follows:
1. 150 feet when the
				intersecting primary highway carries less than 2,500 vehicles per
				day.
2. 300 feet when the
				intersecting primary highway carries 2,500 or more vehicles per day. However,
				the department may acquire more or less than the specified access rights after
				considering the severity of damage to adjacent properties and traffic volumes
				and other safety factors.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.12 - Policy on Location of Predetermined Access Locations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
At the time
				access rights are acquired, existing entrances shall be removed or relocated to
				connect to predetermined access locations. These locations shall thereafter be
				defined as the adjacent properties' access locations.
a. The department is responsible for the
				construction of entrances at predetermined access locations, either as a part
				of the project or at a future date when requested by the property owners.
				Entrances not constructed as a part of the project will be designated on the
				construction plans as predetermined access locations that are reserved for the
				property.
b. Any alteration or
				relocation of an access location requires the written approval of the
				department, and the property owner is responsible for all costs incurred. See
				subrule 112.12(5), revision of access.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.13 - Policy on Special Access Connections Where Access Rights Have Been Previously Acquired

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
An additional entrance to a property from which
				access rights have been previously acquired may be permitted only as a special
				access connection.
a. An applicant for a
				special access connection should be aware the state of Iowa has previously
				acquired the rights of direct access to the primary highway from the
				applicant's highway frontage and, therefore, the applicant has no remaining
				right of additional direct access to the highway.
This acquisition of access rights is recorded in the local
				  county courthouse and is a restriction placed upon the property.
b. The department realizes there
				may be locations where granting an entrance within an area where access rights
				were previously acquired may be consistent with the department's current rules.
In these special cases, the department may authorize a
				  special access connection upon such terms and conditions as may be determined
				  by the department.
c. In an
				area where access rights were acquired after July 1, 1966, an applicant may be
				required to reimburse the state for the increase in land value resulting from
				the new connection, as determined by a department appraisal.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 112 - Primary Highway Access Control › Rule 761-112.14 - Recreational Trail Connections

Current through Register Vol. 47, No. 3, July 24, 2024
This rule establishes requirements for access to the primary
				  road system from recreational trails.
(1)
General.
a. No access to a Priority I highway from a
				recreational trail is allowed.
b.
				Reserved.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.1 - General Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope of chapter.
This chapter covers initial placement,
				adjustment and maintenance of utility facilities in, on, above or below the
				right-of-way of primary highways, including attachments to primary highway
				structures. It embodies the basic specifications and standards needed to ensure
				the safety of the highway user and the integrity of the highway.
(2)
Information and forms.
Information and forms regarding this chapter may be obtained from any of the
				department's six district offices; the Office of Traffic and Safety, Iowa
				Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; or the
				Internet Web site: http://www.iowadot.gov/traffic/index.htm .
(3)
Considerations.
If the
				department determines that the literal application of these rules to a specific
				situation will create or result in an unsafe situation or an unreasonable
				design, the department shall use sound engineering practices to determine the
				appropriate design for the specific situation. The appropriate district office
				shall include justification for the design in the permit or the highway project
				file, as applicable. The appropriate design shall address:
a. Safety of motorists, pedestrians,
				construction workers and other highway users.
b. Integrity of the highway.
c. Protection of the rights of the traveling
				public and of property owners, including the rights of abutting property
				owners.
d. Topography and geometric
				limitations and constraints affecting typical engineering standards.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.4 - General Requirements for Occupancy of the Right-of-way

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permit required and exceptions to
				permit.
a.
Permit
				required.
(1) A utility owner shall
				obtain permission from the department in the form of a utility accommodation
				permit before it places its utility facilities in, on, above or below the
				primary highway right-of-way; attaches its utility facilities to a primary
				highway structure; or adjusts existing utility facilities occupying the
				right-of-way.
(2) The purpose of
				the permit process is to ensure the safety of motorists, pedestrians,
				construction workers and other highway users; to ensure the integrity of the
				highway; and to document the location of utility facilities for use in managing
				the highway right-of-way and in locating the facilities in the
				future.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.5 - General Design Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Plans.
Design plans for a utility facility shall be prepared
				by a person knowledgeable in highway design and in work zone traffic control
				and shall include the measures to be taken to preserve the safe and free flow
				of traffic, structural integrity of the roadway and highway structures, ease of
				highway maintenance, appearance of the highway and integrity of the utility
				facility.
(2)
Materials.
All utility facilities shall consist of durable
				materials designed for long service life expectancy and be relatively free from
				routine servicing and maintenance.
(3)
Number of crossings.
The
				number of utility facilities crossing the primary highway right-of-way shall be
				kept to a minimum. The department may require distribution facilities to be
				installed on each side of the highway to minimize the number of crossings and
				service connections. In individual cases, the department may require several
				facilities to cross in a single conduit or structure. Crossings should be as
				near to perpendicular to the highway alignment as practical.
(4)
Aboveground facilities.
The design of aboveground utility facilities shall be compatible with the
				visual quality of the specific highway section being traversed. See rule
				761-115.6
				(306A).
(5)
Clear zone
				requirements and aboveground obstructions.
Highway roadsides shall be
				as free from physical obstructions above the ground as practical. The
				department shall determine the clear zone distance.
a. The clear zone distance on rural-type
				roadways is based on present day traffic and the existing foreslope adjacent to
				and preceding the utility facility.
b. Unless otherwise specified, the clear zone
				shall be measured from the edge of the traveled way.
c. In rural areas with rural-type roadways, a
				permanent, aboveground obstruction is restricted to an area beyond the clear
				zone or the highway foreslope, whichever area locates the obstruction a greater
				distance from the edge of the traveled way.
d. If sufficient right-of-way is not
				available to accommodate the clear zone distance, the department may require
				the utility facility to have a breakaway design, require regrading of the
				right-of-way, require the utility facility to be located underground, or
				authorize the facility to be placed near the right-of-way line.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.6 - Scenic Enhancement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Introduction.
The type and size of a utility facility and the
				manner in which it is installed can materially alter the scenic quality,
				appearance and view of highway roadsides and adjacent areas. For these reasons,
				additional controls are applicable in areas that have been acquired or set
				aside for their scenic quality. Such areas may include, but are not limited to,
				scenic strips, scenic overlooks, rest areas, recreation areas, public parks and
				historic sites, aesthetically enhanced corridors, and the right-of-way of
				primary highways that pass through or are adjacent to these areas. These
				additional controls are addressed in this rule.
(2)
Underground
				installations.
The department may permit a new underground
				installation if it does not require extensive removal or alteration of trees or
				other natural features visible to the highway user and if it does not impair
				the visual quality of the area being traversed.
(3)
Aboveground
				installations.
The department may permit a new aboveground
				installation only if the following three conditions are met:
a. Other locations for an aboveground
				installation are unusually difficult, are unreasonably costly, or are less
				desirable from the standpoint of visual quality.
b. Underground installation is not
				technically feasible or is unreasonably costly.
c. The location, design and materials to be
				used for the proposed aboveground installation will give adequate attention to
				the visual qualities of the area being traversed.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.7 - Liability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Liability under
				a permit. The following are conditions of a utility accommodation permit.
a. The owner of the utility facility shall
				indemnify and save harmless the state of Iowa, its agencies and employees from
				any and all causes of action, suits at law or in equity, for losses, damages,
				claims or demands, and from any and all liability and expense of whatsoever
				nature (including reasonable attorney fees), arising out of or in connection
				with the owner's use or occupancy of the primary highway
				right-of-way.
b. The state of Iowa,
				its agencies or employees, will be liable for expense incurred by the permit
				holder in its use and occupancy of the primary highway right-of-way only when
				negligence of the state, its agencies or employees, is the sole proximate cause
				of such expense. Whether in contract, tort or otherwise, the liability of the
				state, its agencies, and employees is limited to the reasonable, direct
				expenses to repair damaged utilities, and in no event will such liability
				extend to loss of profits or business, indirect, special, consequential or
				incidental damages.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.8 - Utility Accommodation Permit

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Application for permit.
a. To apply for a utility accommodation
				permit, the utility owner shall submit an application to the appropriate
				district representative on a form prescribed by the department.
b. If the utility facility will cross or
				impact a county road connection, the application must be approved by the
				county. If the facility is within corporate limits of a city, the application
				must be approved by the city. The utility owner is responsible for obtaining
				these approvals prior to submitting the application to the
				department.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.9 - Traffic Protection

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Traffic control for all work.
a. When performing work within the
				right-of-way, the utility owner is responsible for providing, installing,
				maintaining and cleaning warning signs and protective devices; removing warning
				signs and protective devices when the work is complete; and providing
				flaggers.
b. Flagging operations
				and the placement of warning signs, protective devices, barricades and
				channelizing devices shall comply with the MUTCD and department requirements
				for the protection of the traveling public and workers on the site.
c. Flaggers are required at work sites to
				stop traffic intermittently as necessitated by work progress or to maintain
				continuous traffic past a work site at reduced speeds to help protect the work
				crew. For both of these functions the flagger must, at all times, be clearly
				visible to approaching traffic for a distance sufficient to permit proper
				response by motorists to the flagging instructions, and to permit traffic to
				reduce speed before entering the work site. In positioning flaggers,
				consideration must be given to maintaining color contrast between the work area
				background and the flaggers' protective garments.
d. The utility owner shall provide additional
				protection when special complexities and hazards exist.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.10 - Construction Responsibilities and Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Permit required before work may
				begin.
The utility owner shall not commence construction work in the
				primary highway right-of-way until it has received a utility accommodation
				permit from the department for the work.
(2)
Notice of construction.
The utility owner shall give the district representative at least 48 hours'
				prior notice of its intent to start construction within the
				right-of-way.
(3)
Authority
				of the district representative.
a.
				The district representative has the authority to resolve any issues or concerns
				that arise regarding the intent of the permit and compliance therewith, as they
				relate to the condition of the highway.
b. During the progress of the work, the
				district representative may approve minor alterations in the plans or character
				of the work, as they relate to the condition of the highway, that the district
				engineer deems necessary or desirable to satisfactorily complete the work. Such
				an alteration is not a waiver of the permit nor does it invalidate any
				provision of the permit.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.11 - Vertical Overhead Clearance Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Conformance to
				standards.
The vertical clearance for overhead utility facilities and
				the lateral and vertical clearances for bridges shall conform to accepted
				industry standards as well as applicable codes and regulations.
(2)
Minimum vertical
				clearance.
In no event shall the vertical clearance be less than 20
				feet above the roadway for all overhead utilities.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.12 - Utility Facility Attachments to Bridges

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Electrical power and
				communication cable attachments.
a.
				An electrical power or communication cable may be attached to an existing
				primary highway bridge if the department determines that the attachment is in
				the best interests of the public. The department may accommodate an electrical
				power or communication cable attachment in its design for a new bridge if the
				department determines that the accommodation is in the best interests of the
				public.
b. The permit application
				shall include a detailed sketch showing the method of attachment and weights of
				attachment. A separate permit is required for each bridge.
c. All attachments shall be placed in
				conduits, pipes or trays; beneath the bridge's floor; and above low steel or
				masonry of the bridge. Department-approved clamps shall be used for any
				attachment to structural steel.
d.
				Expansion devices are required. Cables in cells or casings shall be grounded
				wherever necessary. Carrier pipe shall be suitably insulated from electrical
				power line attachments.
e. All
				costs attributable to the installation of an attachment to a bridge shall be
				paid by the utility owner unless the attachment is installed pursuant to a
				utility agreement.
f. Welding or
				drilling holes in structural steel primary members is prohibited.
g. Utility facilities may be attached to
				noncritical concrete areas.
h.
				Holes should not be cut in wing walls, abutments or piers.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.13 - Underground Utility Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Depth requirements.
a.
Minimum cover
-
roadway.
The minimum required cover under a roadway is 48
				inches.
b.
Minimum
				cover
-
other portions of right-of-way.
The minimum
				required cover under other portions of the right-of-way is:
(1) 48 inches for electrical cable.
(2) 30 inches for communication cable except
				that 36 inches is required for longitudinal occupancy under freeway
				right-of-way.
(3) 36 inches for all
				other underground facilities.
c.
Rocky terrain.
The
				department may allow an exception to the minimum depth requirement where rocky
				terrain makes it difficult to obtain the required depth. The department shall
				determine the minimum depth in these situations; however, no installation shall
				be authorized with less than 24 inches of cover.
d.
Other protective
				measures.
In critical situations where the necessary cover cannot be
				obtained, the department may approve other protective measures.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.14 - Freeways

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Access
				to utility facilities occupying freeway right-of-way.
a. Except for emergency work, access shall
				not be obtained from the freeway or its ramps during utility construction or
				maintenance operations. This means that access must be obtained from
				intersecting, adjacent or nearby public highways, streets, roads or trails or
				from private property. See subrules 115.9(3) and 115.19(2) for emergency
				work.
b. Fence removal and
				replacement are subject to the limitations imposed by the permit.
c. No gates or ladders shall be placed in or
				upon the right-of-way fence.
d. The
				department shall notify the FHWA of any access it authorizes to the interstate
				system for utility work.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.15 - Transverse Installations on Freeways

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Interchange areas.
a. Utility facilities are not allowed within
				the interchange area of intersecting freeways unless they are
				highway-related.
b. In other
				interchange areas, the department may permit occupancy if access to the utility
				facility can be obtained from other than the freeway or its ramps. If a utility
				facility cannot reasonably be accessed from an intersecting, adjacent or nearby
				public highway, street, road or trail, the utility facility shall be installed
				on private property outside the interchange area.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.16 - Longitudinal Installations on Freeways

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Type of installation
				permitted.
a. The department may
				permit the installation of an underground utility facility if, in addition to
				complying with other provisions of this chapter, the facility specifically
				complies with this rule.
b. Except
				as provided in this rule, no aboveground installations other than those needed
				to serve highway facilities are allowed.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.17 - Nonfreeway Primary Highways

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Clear zone requirements and aboveground obstructions. Subrule 115.5(5) applies.
				In addition:
a. In urban areas with
				rural-type roadways and speed limits of 45 miles per hour or lower, a
				permanent, aboveground obstruction shall be located at least 15 feet from the
				edge of the paved traveled way or beyond the highway foreslope, whichever
				location is farther from the traveled way.
b. On urban-type roadways, the face of a
				permanent, aboveground obstruction shall be located no closer than ten feet
				from the back of the curb. In areas with parking or auxiliary lanes,
				aboveground obstructions shall be located no closer than two feet behind the
				back of the curb or a minimum of ten feet from the edge of the traveled way,
				whichever location is farther from the traveled way.
c. In rural areas with rural-type roadways,
				poles, guys and other supporting structures and related aboveground facilities
				should be located as near to the right-of-way line as practical.
(1) These aboveground obstructions shall be
				located in an area beyond the clear zone or the highway foreslope, whichever
				area locates the obstruction a greater distance from the edge of the traveled
				way, right-of-way width permitting.
(2) In individual cases, the department may
				require the use of self-supporting poles or towers, double arming and
				insulators, breakaway devices and dead-end construction.
d. In suburban areas with rural-type roadways
				and speed limits of 45 miles per hour or lower, utility poles shall be located
				at least 15 feet from the edge of the paved traveled way or beyond the highway
				foreslope, whichever location is farther from the traveled way. The preferred
				location is near the right-of-way line.
e. Poles, guys, anchors and other
				appurtenances shall not be located in ditches, at drainage structure openings
				or on roadway shoulders. All poles, guys, anchors and other appurtenances shall
				be located to minimize interference with the maintenance operations of the
				department.
f. The district
				representative may approve the adjustment of minimum setback distances for
				poles and other appurtenances that have a breakaway design.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.18 - Longitudinal Installations on Nonfreeway Primary Highways

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location.
Longitudinal
				utility facility installations should be located on uniform alignment as near
				as practical to the right-of-way line so as to provide a safe environment for
				traffic operations and to preserve space for future highway improvements and
				other utility installations.
(2)
Underground installations.
a. No carrier of flammable, corrosive,
				expansive or unstable material shall be placed longitudinally within the
				right-of-way of a nonfreeway primary highway. Exceptions:
(1) A natural gas line with an operating
				pressure that is no greater than 150 pounds per square inch is
				permissible.
(2) The department may
				permit the placement of a natural gas line with an operating pressure that is
				greater than 150 pounds per square inch only if a suitable alternate location
				cannot be found.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.19 - Maintenance and Emergency Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Maintenance
				responsibilities.
The owner of a utility facility is responsible for
				its maintenance. The owner shall:
a. Maintain
				the facility in a good state of repair in accordance with applicable federal,
				state and local statutes, ordinances and regulatory standards.
b. Replace and stabilize all earth cover and
				vegetation where they have eroded over an underground utility facility when the
				erosion is due to or caused by the placement or existence of the
				facility.
c. Give the department's
				district representative 48 hours' prior notice of its intent to perform
				predictable routine maintenance within the right-of-way. Exception: Notice is
				not required if the predictable routine maintenance is for a service connection
				located beyond the clear zone of a nonfreeway primary highway.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.20 - Abandonment or Removal of Utility Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Notice to department. Within 90 days
				after the abandonment or removal of all or a portion of an existing utility
				facility that occupies the primary highway right-of-way, the utility owner
				shall submit a written notice of abandonment or removal to the department. The
				notice shall include:
a. Type of
				facility.
b. Location of the
				utility facility by route, county, section, township, range, milepost and
				highway stationing, where these references exist.
c. Name of the original utility owner if
				different than the current owner.
d. Original utility permit number and date of
				approval, if known.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.25 - Utility Facility Adjustments for Highway Improvement Projects

Current through Register Vol. 47, No. 3, July 24, 2024
Rules
				  761-115.26
				  (306A) to
				  761-115.30
				  (306A) establish administrative procedures for utility facility adjustments
				  made necessary by state highway improvement projects. The purpose of these
				  procedures is to adjust utility facilities with minimal delays or added
				  expense. Rules
				  761-115.26
				  (306A) to
				  761-115.30
				  (306A) apply to all state highway improvement projects with the following
				  exceptions:
1. Projects the department
				develops on an accelerated schedule.
2. Projects with no anticipated utility
				adjustments.
(1) Should the department be
				responsible for the cost of a utility facility adjustment required for highway
				work, the department shall not pay for any betterment that results in an
				increase in the capacity of the facility or for any other adjustment not
				required by highway construction. The department is entitled to receive credit
				for the accrued depreciation on replaced facilities and the salvage value of
				any materials or parts salvaged and retained or sold by the utility
				owner.
(2) Adjustment costs for
				which the department is responsible shall be paid on a cost reimbursement
				basis.
(3) If adjustment of an
				existing utility facility occupying the right-of-way is required due to highway
				construction, the utility owner shall adjust the facility without cost to the
				state and, whenever possible, in advance of the highway work.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.26 - Notice of Project

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Determining affected utilities.
The department shall make a
				reasonable effort to determine what utility facilities are located within the
				project limits of a state highway improvement project by researching permit
				files, through field investigations or contacts with one-call locating
				services, and through contacts with local government units.
(2)
Notifying utilities.
The
				department shall identify by name the owner of each known utility facility that
				is located within the project limits. The department shall send to each utility
				owner a notice of the improvement project, including the route number of the
				highway, the geographical limits of the project and a general description of
				the highway work to be done.
(3)
Responding to notice.
The utility owner shall:
a. Within seven calendar days after the date
				of the notice, reply to the department, acknowledging receipt of the
				notice.
b. Within 90 calendar days
				after the date of the notice, provide to the department information about its
				utility facilities that are in the vicinity of the improvement project,
				including the name of any company that has utility facilities which coexist
				with the utility owner's facilities. The utility owner shall reply regardless
				of whether or not it has facilities in the project's vicinity.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.27 - First Plan Submission, Preliminary Work Plan and Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
First
				plan.
The department shall submit its first plan to the owner of each
				known utility facility within the project limits. The first plan shall contain
				information the owner needs in order to design and lay out the adjustment of
				its utility facilities, including the placement of adjusted or additional
				facilities, within the project limits.
(2)
Preliminary work plan.
Within 90 calendar days after the date the department submits its first plan,
				the utility owner shall provide to the department a preliminary work plan.
a. The preliminary work plan shall include
				the following:
(1) A narrative description of
				what work the utility owner will do.
(2) A drawing showing the present and
				proposed locations of the utility owner's facilities in relation to the highway
				plan.
(3) Whether the work is
				dependent on work by another utility owner.
(4) Whether the work can be done prior to
				highway construction or must be coordinated with the highway
				contractor.
(5) The number of
				working days required to complete the work.
(6) A list of permits and approvals the
				utility owner is required to obtain from governmental agencies and railroad
				companies for the work, and the expected time schedule to obtain
				them.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.28 - Second Plan Submission, Final Work Plan and Permit Application

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Second
				plan.
After the final public information meeting, the department shall
				submit its second plan to the owner of each known utility facility within the
				project limits. The second plan shall show any additional plan information or
				design changes the owner needs in order to complete its design and layout for
				the adjustment. The department shall clearly identify to the utility owner the
				differences between the first and second plans.
(2)
Final work plan.
Within
				60 calendar days after the date the department submits the second plan, the
				utility owner shall provide to the department a final work plan.
a. The final work plan shall include the
				anticipated starting date for the utility owner's work within the primary
				highway right-of-way.
b. A
				completed application for a utility accommodation permit must accompany the
				final work plan for work within the primary highway right-of-way. The work plan
				by itself does not constitute a permit nor does it grant permission to occupy
				the primary highway right-of-way.
c. When requested by the utility owner, the
				department may allow additional time to complete the final work plan if the
				second plan requires extensive modifications to the preliminary work
				plan.
d. If there are no changes to
				the preliminary work plan, the utility owner need only notify the department
				that the preliminary work plan is now the final work plan.
Iowa Administrative Code › Agency 761 - Transportation Department › Right-of-way and Environment › Chapter 115 - Utility Accommodation › Rule 761-115.29 - Notice of Work

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Notice of receipt of permits and approvals.
The utility owner
				shall notify the department within 14 calendar days after the utility owner has
				received all required permits and approvals from government agencies and
				railroad companies.
(2)
Notice to utility owner to begin work.
a. The department shall send a notice to
				proceed to the utility owner not less than 3 0 calendar days before the utility
				owner is required to begin the work provided for in its work plan.
b. If the utility owner's work plan is
				dependent upon work by the highway contractor, the contractor shall provide the
				department and the utility owner a good faith notice 14 calendar days before
				the contractor's work is expected to be complete and ready for the utility
				owner to begin its work. The highway contractor shall follow up with a
				confirmation notice to the department and the utility owner not less than three
				working days before the contractor's work will be complete and ready for the
				utility owner to begin its work.