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-501 - Introduction

Current through Register Vol. 50, No. 6, June 20, 2024
A. General. The
				Department of Transportation and Development (DOTD) has the legal authority and
				the responsibility to regulate all utilities on highways under state
				jurisdiction, to designate and control the use made of right-of-way acquired
				for public highway purposes to preserve the integrity, operational safety and
				function of the highway facility. The DOTD adopts the American Association of
				State Highway and Transportation Officials (AASHTO) publications, "A Policy on
				the Accommodation of Utilities on Freeway Right-of-Way," dated February, 1989,
				and "A Guide for Accommodating Utilities within Highway Right-of-Way,"
				copyright 1981, as a part of the DOTD's standards manual. These standards
				should be uniformly interpreted and administered by representatives of both the
				utility owners and the DOTD. These standards are the result of the DOTD's
				responsibility, under law, to regulate the use of highway right-of-way for the
				protection of the traveling public and the public's investment in the highway
				itself. These standards should be interpreted and applied to the extent
				consistent with state laws which allow utilities to use or occupy the highway
				right-of-way.
B. Purpose. These
				standards are provided for use by representatives of the DOTD for regulating
				the locations, design, methods for installing, adjusting, accommodating, and
				maintaining utilities and/or driveways on highway right-of-way. They are
				limited to matters which are the responsibility of the DOTD for preserving the
				integrity of the highway and its safe operation. Where federal, state or local
				laws, regulations and laws or ordinances of other subdivisions of the state,
				industry or governmental codes prescribe a higher degree of protection than
				provided by these standards, then the higher degree of protection shall
				prevail. These standards are also provided for use by public and private
				utilities as well as private citizens. They are to be applied as set forth
				herein or as stated in the laws of the local, state or federal governments
				and/or
Standard Specifications of the Louisiana Department of
				Transportation and Development
.
C. Scope. These standards apply to all public
				and private utilities including electrical power, telephone, telegraph,
				cablevision, water, gas, oil, petroleum, steam, chemicals, sewage, drainage,
				irrigation, and similar lines that are to be located, adjusted or relocated
				within the right-of-way of highways under jurisdiction of the DOTD. Such
				utilities may involve underground, surface or overhead facilities, either
				singularly or in combination. Furthermore, these standards apply to all public
				and private driveways located within highway right-of-way and/or connecting to
				state highways. Additionally, these standards apply to all other installations
				and work performed within DOTD right-of-way.
D. Application and Payment. The DOTD has the
				right to charge a fee or require a performance bond for utility and/or driveway
				work that is carried out in the highway right-of-way. Payment of all fees shall
				be in the form of a personal check, corporation check, certified check or money
				order. No bank drafts will be accepted. Fee schedules and appropriate
				information, such as how, when and where payments may be made, can be found on
				and/or attached to, the applicable permit application. Permit applications for
				the various types of permits listed herein can be obtained from the district
				utility and permit specialist at a district office. Penalties can be assessed
				for not following these
Utility Guidelines
, possibly a
				forfeiture of the deposit, as determined by the DOTD. Bonds are kept on file
				for permit applications.
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.