La. Admin. Code tit. 70 § II-503

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

Section II-503 - Statutes

A. Responsibilities Pertaining to Highway Occupancy

1. State of Louisiana Department of Transportation's Responsibility

a. Prescribe and enforce all rules and regulations as to construction, repairs or maintenance of the poles, wires and lines of telegraph, telephone, community antenna television systems or power companies and pipelines of gas districts, gas, water, sewers, or other pipeline companies, so as to insure the safety of the traveling public in using the roads, bridges and highways in this state; and to include regulations in contracts and agreements entered into with utilities in granting permits for construction on right-of-way necessary to insure the safety of the traveling public and prevent damage to highways and bridges.

b. Prescribe and enforce any reasonable rules and regulations so as to prevent unnecessary trespassing upon or damage to any of the public roads, bridges or highways of the state.

c. Direct utilities to relocate their plant when such plant is in conflict with highway construction contracts.

d. Pay cost of adjustment of plant to be relocated if said plant is located on private right-of-way.

e. Pay cost of adjustment if plant in conflict is located on public right-of-way under certain conditions, such as utilities having prior rights.

f. Withhold permit from utility if it concerns area where highway construction project is in progress until utility has received permission from the prime highway contractor to enter or cross said project.

2. Utilities Responsibility

a. Relocate utility's facilities that are in conflict with highway or street constructions when directed to do so by the State of Louisiana Department of Transportation and Development.

b. Ensure that installations within highway right-of-way are in accordance with applicable federal, state, and industry standards and policies.

c. Coordinate location of facility installation with other utilities in the same area.

d. Carry out the provisions of contract or agreement entered into with the State of Louisiana Department of Transportation and Development when permit for construction in highway right-of-way was issued.

e. If proposed construction by utility is in conflict with highway construction already in progress, secure written permission from the prime highway contractor to cross the project prior to requesting a permit from the department. Hold the State of Louisiana Department of Transportation and Development harmless from any claims by highway contractor for damages done by utility during construction.

f. Pay cost of adjustment from public highway right-of-way, except where utility has prior rights.

La. Admin. Code tit. 70, § II-503

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.