Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 20 - Government and Utilities › Subchapter 00 - N/A › Part 4 - State Highway Right of Way Regulations › Section 290-RICR-20-00-4.10 - General Restrictions

Current through June 14, 2024
A. A Permit is
							required prior to any construction in, access to, alteration to, or any
							increase in drainage flow to the State Highway Right-of-Way.
B. Access to the State Highway Right-of-Way
							where access is controlled by a Freeway Line is strictly prohibited.
4.10.1
Right-of-Way
							Encroachment:
No part of the State Highway Right-of-Way is to be used for
								servicing of vehicles, displays, or for private business. The area between the
								pavement and the limit of the Right-of-Way (Buffer Area) shall be clear of
								buildings, sales exhibits, signs, parking areas, service equipment and
								appurtenances thereto. Notwithstanding, use by police, emergency vehicles and
								for emergencies is acceptable at all times.
4.10.2
Parking:
Each roadside facility shall provide sufficient parking or
								storage space off the State Highway Right-of-Way to prevent the storage of
								vehicles on the driveway or the queueing of traffic onto the travel lanes or
								shoulders of the State Highway.
4.10.3
Setbacks:
Driveway access shall not be permitted where sufficient
								setback is not available to prevent parking, stopping, and maneuvering within
								the State Highway Right-of-Way in the operations of a commercial enterprise.
								This generally means at least ten (10) feet from the State Highway Right-of-Way
								to the subject facility for operations of vehicles parallel to the centerline
								of the adjacent highway, and at least forty (40) feet from the State Highway
								Right- of-Way to the subject facility for operation of vehicles perpendicular
								to the centerline of the adjacent highway.
4.10.4
Location of Driveways and/
							Roadways:
Driveways and/or roadways shall be so located as to result
								in no undue interference with, or hazard to, the free movement of normal
								highway traffic. To minimize congestion, and provide adequate safeguards for
								the public safety, driveway and/or roadway locations shall be avoided near
								intersections and roundabouts. Driveways and/or roadways shall also to be
								avoided are locations that would interfere with the placement and proper
								function of highway signs, signals, lighting or other devices that affect
								traffic operations.
4.10.5
Protection of the Traveling Public:
The Permittee shall properly safe-guard all work performed
								under the Permit and maintain sufficient working light, Rhode Island Standard
								Details signs and safety devices. Traffic control shall be provided by the
								Permittee according to the standards of "Manual On Uniform Traffic Control
								Devices For Streets And Highways" incorporated above at §
											4.4(A)     of
								this Part. ADA access shall address the employment of alternate circulation
								paths with a temporary pedestrian access route(s) if needed to allow for ADA
								continuity during construction or construction phasing. This protection shall
								be maintained until the project has been completed.
4.10.6
Protection from Suits:
As a condition of receipt of a Permit, the Permittee shall
								defend, indemnify, protect and save harmless the State and its agents, servants
								and employees from and against any and all suits, claims, losses, demands or
								damages of whatever kind or nature arising out of or claimed to arise out of,
								any act, error or omission of the Permittee, its agents, servants and employees
								in the engineering design and/or performance of work covered by this
								Permit.
4.10.7
Land Use
							Change:
Should the use of any property with legal access to a State
								Highway be altered or should its present use cause expansion of traffic, a
								reassessment by the Department of the use of the openings and impact on
								drainage shall be accomplished through the Permit process.
4.10.8
Landscaping:
There shall be no landscaping within the State Highway
								Right-of-Way without written approval by the Department. This permission will
								be obtained through the Permit Process and the landscape plan must include a
								site grading plan (if applicable) and a Landscape Plan showing the proposed
								planting layout and a plant list (Botanical and Common Name, Size, Root and
								Spacing). The Landscape Plan and Site Plan must be stamped by a Rhode Island
								Registered Landscape Architect.
4.10.9
Control Dimensions:
All driveway access to a State Highway Right-of-Way must
								conform to the Control Dimensions published in §
											4.13     of this
								Part.
4.10.10
Drive-Thrus:
For all applications involving drive-thru coffee/donut
								establishments or drive-thru car washes, the applicant must demonstrate that
								there is adequate space available to stack a minimum of ten (10) vehicles on
								site. This is to diminish the likelihood of vehicles stacking out into the
								State Highway and potentially blocking lanes of travel. For any other type
								drive-thru establishment (sandwich restaurant, pharmacy, banks, etc.) which
								does not typically exhibit such dramatic usage peaks; adequate space to stack a
								minimum of five (5) vehicles on site must be demonstrated. In both cases above,
								the stacking space shall be measured from the order board or first point of
								contact with the business.
4.10.11
Car Wash Facilities
All applications will require shaker bumps at the exits of
								the bays. Drainage control of all water associated with the car wash must be
								controlled in such a manner as to prevent the spread of water on the highway
								pavement especially during cold weather.