La. Admin. Code tit. 70 § II-509

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

Section II-509 - Requirements for Applications

A. All applications for permits shall originate in the office of the district utility and permit specialist. The district utility specialist shall be responsible for performing and/or insuring the following.

1. Checking with all appropriate district personnel (district administrator, district maintenance engineer, district construction engineer, etc.) to ascertain that the work requested will not interfere with existing or proposed highway operations.

2. Assuring that the application:

a. is on the correct form;

b. is submitted with the correct number of copies, including all attachments;

c. copies are completed correctly;

d. copies are clearly legible, preferably typed.

3. The work involved is on a state maintained highway, and the correct highway number and control section numbers are shown.

4. The proposed work is confined to one parish per permit application.

5. The name and address of the applicant is legible on all copies.

6. The application has been signed by the applicant, and the applicant's name is typed or printed legibly beneath the signature. The applicant must be the property owner/lessee, permits shall not be issued to contractors, or other third parties.

7. The nature of the work is clearly and completely indicated both in text and on the drawings.

8. Four copies of the drawings must be submitted with each application. Right-of-way limits and property lines must be clearly indicated on the drawings. The exact location of the proposed work must be indicated if reference to the highway, right-of-way, and property lines, the names of local streets and businesses may be placed on the drawings; however, the locations must be located in reference to the highway in such a manner that someone unfamiliar with the area can comprehend these details. Where surface or underground work is involved, a cross-section drawing that clearly indicates existing conditions and proposed changes must be included. Where grading operations are involved, cross-section drawings must show the highway surfacing, shoulder, ditch, and slope indicating the present section and proposed section.

9. The request conforms with this Chapter and all other DOTD standards. Applications which do not conform to DOTD standards shall be returned to the applicant with a short explanation. The explanation should indicate the primary deficiencies, but not be so detailed that DOTD will in effect be performing either research or design for the applicant. When the district administrator feels that conditions warrant an exception for an application that failed to meet DOTD standards, the application and a letter from the district administrator explaining the reasons for recommending a deviation should be submitted to the headquarters utility and permit section. DOTD purchases right-of-way for the purpose of providing roads for the general public, not to provide parking or other such benefits to individuals. Therefore, exceptions should not be requested for:

a. parking for anyone other than a governmental agency;

b. increasing the driveway widths or allowing driveways to be placed so that large trucks or busses back out directly onto, or partially block a highway (including the shoulder);

c. allowing less than the minimum clearance over a highway;

d. open cutting a highway, blocking traffic, or other actions detrimental to the DOTD or to the travelling public, for the sole purpose of saving/earning the applicant money.

10. The district administrator may issue all routine right-of-way permits that meet with DOTD requirements. This authority does not include major installations such as street intersections, subdivision entrances, crossovers, turning lanes, changes to the roadway sections, or anything that does not conform with this manual and all other DOTD requirements. All permits approved by the district administrator must be assigned a permit number and entered into the permit database by the district utility and permit specialist, and the original copy must be transmitted to the headquarters utility and permit section. Additionally, one copy of the approved permit and drawings must be returned to the permittee.

11. The district utility and permit specialist shall furnish the permittee with the grade, elevation, and alignment of drainage structures when drainage structures are to be installed.

B. Upon notification by the permittee that all work has been completed, or upon expiration of the time limit, the district utility and permit specialist shall inspect or request an inspection of the site. If all work has been satisfactorily completed, the district utility and permit specialist shall complete the permit on the permit database. If no work has begun, the permit shall be canceled, and the district utility and permit specialist shall cancel the permit on the permit database. If work is in progress but incomplete, the permittee is required to apply for an extension of time. If the work is unsatisfactory, the district utility and permit specialist shall notify the permittee of the deficiencies in writing, and request that immediate action be taken to remedy this situation; a copy of this letter should be sent to the headquarters utility and permit section. If the permittee fails to take action, the district utility and permit specialist shall suspend issuance of permits and/or cancel existing permits. If this fails, the matter should be referred to the headquarters utility and permit section for further handling. If the deficiencies are of such a nature as to create a hazard to the traveling public, the district administrator shall take immediate action to remedy the situation with DOTD forces. An itemized account of the expenses incurred in performing this work shall be compiled and submitted to the headquarters utility and permit section so that the permittee may be billed accordingly.

La. Admin. Code tit. 70, § II-509

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. 48:381-382.