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-20-00-4.5 - Physical Alteration Permit Process

Current through June 14, 2024
A. Anyone seeking
							the permission of the Director as described herein by these Regulations, shall
							follow the procedure delineated below.
B. No person, firm, corporation, utility
							company or agency may place or alter curbs, make a connection to, or pump or
							drain water to, the State Highway drainage system, or in any way make any
							alteration to the State Highway system without first obtaining a
							Permit.
C. No access by driveway to
							a State Highway shall be made without first obtaining a Permit.
D. In order to obtain a Permit, Applicants
							must review and agree to the provisions of the State of Rhode Island Department
							of Transportation Standard Specifications for Road and Bridge
							Construction.
E. An applicant may
							obtain the Application at a Department of Transportation, Maintenance Division
							facility, or on-line at
www.dot.ri.gov
. At
							the same time, the Applicant should become familiar with the applicable
							Regulations and Standards to avoid a resubmission fee. These Regulations and
							Standards will be available on-line at the website listed above.
F. Upon completion of the application, the
							Applicant shall submit the completed Application with the PAPA Submittal
							Checklist, all necessary copies of plans and computations, and permit fee(s)
							required for the type of access as prescribed in these rules. Applications
							should be submitted to the Maintenance Division Headquarters G. All
							applications (except single family residential) require a cost estimate of
							construction operations proposed within the State Highway Right-of-Way and of
							all proposed construction operations on private property that, if not done or
							done correctly in accordance with the Permit, would affect the State Highway
							Right -of-Way. This estimate shall be prepared by a Professional Engineer. A
							cost estimate may be required for single-family residential applications at the
							discretion of the Department.
H.
							When the application is submitted, the Applicant must provide written proof
							that the Town/City Planning Department or other authorized agent of the
							affected municipalities has received documentation describing the proposed
							alteration. Applicants are not required to obtain a building permit before
							applying for a Physical Alteration Permit.
I. For any applications relating to a
							commercial alteration, all computations, plans and statements must be approved
							and stamped by a Rhode Island Registered Professional Engineer. If there is no
							drainage effect on the State Highway drainage system, the stamp of a Rhode
							Island Registered Land Surveyor will be an acceptable substitute. When any
							landscaping is part of the commercial application and it is on state property,
							the landscape plan must be stamped by a Rhode Island Registered Landscape
							Architect. Professional stamps may be required for individual, single-family
							dwellings at the discretion of the Department.
J. Any alteration that affects drainage
							within the State Highway Right-of-Way shall require the stamp of a Rhode Island
							Registered Professional Engineer. If there is no effect on the State Highway
							drainage system, the stamp of a Rhode Island Registered Professional Land
							Surveyor will be an acceptable substitute.
K. Scenic Roadways - In accordance with State
							Statute, R.I. Gen Law §24-15-10,
							certain roadways are designated Scenic Roadways and any alteration within the
							State Highway right-of-way must receive the approval of the RI Scenic Roadways
							Board along with the Department's approval through the Physical Alteration
							Permit process. It is the responsibility of the applicant to check with the
							local community (or online at www.dot.state.ri.gov) to see if the proposed
							alteration is on a Designated Scenic Roadway and provide the Department with a
							written determination.
L.
							Coordination with the Rhode Island Historical Preservation and Heritage
							Commission (RIHPHC). The Department will submit a copy of the application to
							the RIHPHC for comments. The Applicant will be responsible for addressing any
							comments to the RIHPHC. Permission will not be granted until RIHPHC comments
							are resolved.
M. Any Commercial
							Application involving a location on a route serviced by the Rhode Island Public
							Transit Authority (RIPTA) may be subject to review and comment by
							RIPTA.
N. During the review
							process, the Applicant must, at their own expense, provide any additional
							information or revisions/corrections regarding the proposed alteration to
							satisfy the Department. As a result of the review, the application will be
							either issued as a Permit with standard conditions, issued as a Permit with
							additional conditions, or denied as submitted. The applicant will be notified
							by mail of the decision.
O.
							Applicants for major projects are encouraged to coordinate early with the
							RIDOT. Detailed plans may require staged submissions (10%, 30%, 90% and
							Final).
P. Change in Property
							Ownership Issued permits are transferrable. However, it is the responsibility
							of the original owner/permittee to notify the Department in writing of the sale
							of the property and to provide the name, address, and telephone number of the
							new owner. Failure of the original owner/permittee to notify the Department or
							failure by the new owner to accept transfer of the Permit will result in the
							original owner/permittee being responsible for all future work done under the
							Permit. 4.5.1 Appeal An applicant dissatisfied with the decision of the
							Department may appeal to the Director. The appeal shall be in writing, and
							submitted to the Director within ten (10) days of the receipt of the decision.
							The appeal must include a copy of the decision.