La. Admin. Code tit. 70 § II-501

Current through Register Vol. 50, No. 11, November 20, 2024

Section II-501 - Introduction

A. General. The Department of Transportation and Development (DOTD) has the legal authority and the responsibility to regulate all utilities on highways under state jurisdiction, to designate and control the use made of right-of-way acquired for public highway purposes to preserve the integrity, operational safety and function of the highway facility. The DOTD adopts the American Association of State Highway and Transportation Officials (AASHTO) publications, "A Policy on the Accommodation of Utilities on Freeway Right-of-Way," dated February, 1989, and "A Guide for Accommodating Utilities within Highway Right-of-Way," copyright 1981, as a part of the DOTD's standards manual. These standards should be uniformly interpreted and administered by representatives of both the utility owners and the DOTD. These standards are the result of the DOTD's responsibility, under law, to regulate the use of highway right-of-way for the protection of the traveling public and the public's investment in the highway itself. These standards should be interpreted and applied to the extent consistent with state laws which allow utilities to use or occupy the highway right-of-way.

B. Purpose. These standards are provided for use by representatives of the DOTD for regulating the locations, design, methods for installing, adjusting, accommodating, and maintaining utilities and/or driveways on highway right-of-way. They are limited to matters which are the responsibility of the DOTD for preserving the integrity of the highway and its safe operation. Where federal, state or local laws, regulations and laws or ordinances of other subdivisions of the state, industry or governmental codes prescribe a higher degree of protection than provided by these standards, then the higher degree of protection shall prevail. These standards are also provided for use by public and private utilities as well as private citizens. They are to be applied as set forth herein or as stated in the laws of the local, state or federal governments and/or Standard Specifications of the Louisiana Department of Transportation and Development.

C. Scope. These standards apply to all public and private utilities including electrical power, telephone, telegraph, cablevision, water, gas, oil, petroleum, steam, chemicals, sewage, drainage, irrigation, and similar lines that are to be located, adjusted or relocated within the right-of-way of highways under jurisdiction of the DOTD. Such utilities may involve underground, surface or overhead facilities, either singularly or in combination. Furthermore, these standards apply to all public and private driveways located within highway right-of-way and/or connecting to state highways. Additionally, these standards apply to all other installations and work performed within DOTD right-of-way.

D. Application and Payment. The DOTD has the right to charge a fee or require a performance bond for utility and/or driveway work that is carried out in the highway right-of-way. Payment of all fees shall be in the form of a personal check, corporation check, certified check or money order. No bank drafts will be accepted. Fee schedules and appropriate information, such as how, when and where payments may be made, can be found on and/or attached to, the applicable permit application. Permit applications for the various types of permits listed herein can be obtained from the district utility and permit specialist at a district office. Penalties can be assessed for not following these Utility Guidelines, possibly a forfeiture of the deposit, as determined by the DOTD. Bonds are kept on file for permit applications.

La. Admin. Code tit. 70, § II-501

Promulgated by the Department of Transportation and Development, Utility and Permit Section, LR 20:317 (March 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 19:14, 30:210-217, 32:236, 38:2223, 38:3094, 48:191-193, 48:217, 48:295.1-4, 48:343-344, 48:381-383, 48:385-387, 51:1901-1909.