Mississippi Administrative Code › Title 37 - Transportation and Highways › Part 1 - Mississippi Department of Transportation › Subpart 7501 - Maintenance › Chapter 03001 - Processing Permit Applications › Permit Procedure › Section 37-1-7501-03001-401

Current through June 25, 2024
SECTION 2. PERMITS FOR SECTIONS OF HIGHWAYS
					 ON ACTIVE PROJECTS
This section shall apply to all permits not otherwise
						covered under Section 1 above and Section 3 below.
1. GENERAL
a. Before a Federal Aid Project can be
					 authorized for construction, all public utilities as located upon the right of
					 way on the proposed project must be covered by a proper permit and/or agreement
					 in accordance with Federal Highway Administration (FHWA) rules and regulations.
					 These requirements will also apply to State Projects.
b. Utility and all other applications as
					 received in the District Office, if located on an active project, will have
					 placed thereon the notation, "Active Project No. _______________________ ", and
					 all other information considered essential. If a project is dropped from the
					 program without a contract having been awarded, the section of highway thereon
					 reverts to its original status and the procedure under SECTION 400 would be
					 applicable.
c. The District Office
					 will alert all personnel in charge of surveys to check the District Maintenance
					 and Construction files for all approved utility encroachment permit
					 applications and agreements. Where there are not approved applications and
					 agreements on file for a utility, the District Engineer should request the
					 Utility Company to complete a standard permit application and process the
					 application through normal channels. If the utility may require adjustment, the
					 permit application may be delayed until right of way plans are approved in
					 order to show its proposed or final adjusted location as hereinafter set out.
					 If the application is in accordance with regulations, it may be approved as set
					 out in SECTION 400.1 above. If the application does not meet the regulations,
					 it should be handled as set out in SECTION 400.3 above.
d. Applications for new utility installations
					 which occur during the active program period must be properly authorized on the
					 appropriate MND Form and approved by the District Engineer or his/her
					 authorized designee except those outlined in the next paragraph. All permit
					 applications on the Interstate highway system and other fully controlled access
					 highways shall be processed through the Maintenance Division as in SECTION
					 400.2 above. It is noted that situations may arise that require special
					 attention from other divisions of the Department. If so, the Maintenance
					 Division will serve as the liaison between the District and Central
					 Office.
e. For utilities that are
					 in conflict with the construction of a proposed or active highway project and
					 will require adjustments, or are to remain within the highway right of way, a
					 proper permit application or agreement is required. Proper agreement forms will
					 be furnished the utility company at the appropriate programmed stage. All
					 permit applications are to be signed by the District Engineer or his/her
					 authorized designee except in those instances previously designated.