Rhode Island Code of Regulations › Title 290 - Department of Transportation › Chapter 20 - Government and Utilities › Subchapter 00 - N/A › Part 5 - Accommodating Utility Facilities within Public Freeway Rights-of-Way and Public Railroad Rights-of-Way (290-RICR-20-00-5) › Section 290-RICR-20-00-5.4 - Definitions

Current through June 14, 2024
A. The following definitions shall apply to this regulation:
1. "Active railroad right-of-way" means any railroad right-of-way acquired by the State to preserve present or future transportation needs on which there currently exists a freight, passenger or excursion train service provided through an existing operating agreement between the rail operator and the Department, and on which there is no federal abandonment decision through the Surface Transportation Board (STB).
2. "Applicant" means any individual, firm, corporation, partnership or agency, public or private, that has filed a Freeway or a Railroad Right-of-Way Utility Permit Application.
3. "Application" means a Freeway or Railroad Right-of-Way Utility Permit Application.
4. "Clear zone" means the total roadside border area, starting at the edge of the traveled way, available for safe use by errant vehicles, as defined in the latest edition of the American Association of State Highway and Transportation Officials "Roadside Design Guide (2011, 4th Edition)," including all revisions. This area may consist of a shoulder, a recoverable slope, a non-recoverable slope, and/or a clear run-out area. The desired width is dependent upon the traffic volumes and speeds and on the roadside geometry.
5. "Department" means the Rhode Island Department of Transportation.
6. "Director" means the Director of the Rhode Island Department of Transportation, whose address is Two Capitol Hill, Room 210, Providence, Rhode Island 02903.
7. "Easement" means a non possessing interest held by one person in land of another whereby the first person is accorded partial use of such land for a specific purpose. An easement restricts but does not abridge the rights of the fee owner to the use and enjoyment of his/her land.
8. "Freeway" means a highway, and its associated ramp system, with full control of access as defined in AASHTO Standards and as listed:
I-95
CT/S/L TO MA S/L
I-195
I-95 TO MA S/L
I-295
I-95 TO MA S/L
ROUTE 1
PROSSER TRAIL TO WAKEFIELD CUT OFF
ROUTE 4
ROUTE 138 TO I-95
ROUTE 6
ROUTE 102 TO ROUTE 101
ROUTE 6
I-295 TO I-95
ROUTE 10
PARK AVENUE TO ROUTE 6
ROUTE 24
ROUTE 114 TO MA S/L
ROUTE 37
NATICK AVENUE TO POST ROAD
ROUTE 78
ROUTE 1 TO CT S/L
ROUTE 99
ROUTE 146 TO MENDON ROAD
ROUTE 114
I-195 TO FORBES STREET
ROUTE 138
ROUTE 1 TO ADMIRAL KALBFUS ROAD
ROUTE 146
I-95 TO RESERVOIR ROAD
ROUTE 146
ROUTE 146A TO MA S/L
AIRPORT CONNECTOR
I-95 TO POST ROAD
RED BRIDGE EXTENSION
WATERMAN STREET TO TAUNTON AVENUE
9. "Lease" means a contract, written or oral, by which possession of land and/or a building is given by the owner to another person for a specified period of time and for the rent specified.
10. "License" means a personal privilege to do so some act on the land of another.
11. "Maintainer" means any individual, firm, corporation, partnership or agency, public or private, that enters into an agreement with the Department to maintain a utility facility permitted under this Part.
12. "Owner" means any individual, firm, corporation, partnership or agency, public or private, that owns a utility facility permitted under these regulations.
13. "Permit" means a Freeway or a Railroad Utility Permit. All permits shall include temporary or permanent easements, or both, for use of State property.
14. "Railroad right-of-way" means any active or inactive Railroad right-of-way acquired by the State for future transportation needs.
15. "Utility facility" means, as used herein, as defined in The Utilities Act,  23 C.F.R. §
												645.207.