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 10-3.030 - Location and Relocation of Private Lines on State Highways

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment corrects the number of department
				  districts from ten (10) to seven (7), clarifies the address of the commission
				  to obtain a permit application, outlines the procedures to obtain permits for
				  emergency work, and eliminates unnecessary restrictive wording.
(1) Private lines are defined as
				privately-owned facilities which convey or transmit communications, cable
				television, power, electricity, light, heat, gas, oil, crude products, water,
				steam, waste, storm water not connected with highway drainage or any other
				similar commodity, including any fire or police signal system or street
				lighting system but which is devoted exclusively to private use.
(2) Private lines are permitted to cross the
				right-of-way of a highway on the state highway system in the same manner as
				provided for utility facilities in
				7 CSR
				10-3.010.
(3) Longitudinal use of the highway
				right-of-way by private lines is not permitted except as provided for in
				section (4) of this rule.
(4)
				Special conditions at specific locations which make adherence to this policy
				impractical may be submitted to the Missouri Department of Transportation chief
				engineer for consideration of an acceptable alternative.
(5) Except as herein described, all work to
				be performed on right-of-way of the state highway system in connection with the
				location, relocation, or maintenance of private lines, 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 the work
				by authority of the Missouri Highways and Transportation Commission and that
				specifies the nature of the work to be performed. Application for permits may
				be made on forms provided for that purpose . The chief engineer shall determine
				and order the location and relocation of private lines within the right-of-way
				of any state highway to prevent interference with the construction,
				maintenance, and public use of state highways. A deposit or bond may be
				required, in the department's sole discretion, to insure completion in
				accordance with the permit issued. 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, 105 W. Capitol Ave., PO Box 270, Jefferson City, MO 65102, or by
				calling (573) 751-2551.
(6) 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 section (6), 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.
*Original authority: 226.020, RSMo 1939 and 227.240, RSMo
					 1939.