La. Admin. Code tit. 70 § II-513

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

Section II-513 - Specific Policies and Conditions

A. The rights and privileges granted under an occupancy permit or agreement shall be nonexclusive and shall not be construed to be any broader than those expressly set out in acts of the Legislature of the State of Louisiana, regardless of the language used in the permit or agreement and any fixture or appurtenances on the highway right-of-way shall be placed in accordance with existing laws and the standards of the DOTD.

B. The DOTD does not allow utility installations to be placed on and along highway right-of-way unless the applicant is a public utility operating under the jurisdiction of the Louisiana Public Service Commission or is a federal, state, parish, or municipal agency. Under this policy, REAs are classified as public utilities. Also included are certain nonprofit organizations or companies, generally financed by FHA loans, which serve the public with some utility service, but which do not come under the jurisdiction of the Louisiana Public Service Commission. Temporary facilities, for a specified time not to exceed 120 days, may be permitted under this policy.

C. All fixtures and appurtenances thereto, after having been erected on highway right-of-way, shall at all times be subject to inspection, and the right is reserved to require such changes, additions, repairs, relocations and removal as may at anytime be considered necessary to permit the relocation, reconstruction, widening and maintaining of the highway and to provide proper and safe protection to life and property on or adjacent to the highway or in the interest of safety to traffic on the highway, and the cost of making such changes, additions, repairs and relocations shall be borne by the applicant for permit and all of the cost of the work to be accomplished under the permit shall be borne by the permittee who agrees to hold the DOTD harmless.

D. The proposed facilities or their operation or their maintenance shall not unreasonably interfere with the facilities or the operation or maintenance of the facilities of other persons, firms or corporations previously issued permits of use and occupancy, and the proposed facilities shall not be dangerous to persons or property using or occupying the highway or using facilities constructed under previously granted permits of use and occupancy; the DOTD's records of permits are available to the applicant for permit to determine the existence and location of all facilities within the highway right-of-way.

E. The DOTD does not allow utility installations to be placed on or attached to its bridges and structures, except for communication cables in accordance with E.D.S.M. IV.2.1.8.

F. The DOTD does not allow installations to be placed through drainage structures (this hinders clean out and/or maintenance of the structure). Temporary installations may be permitted, if they will not unduly interfere with drainage requirements.

G. Hard-surface roadways are not to be cut for placing utility installations across the highways except in extreme cases which must be fully explained and justified by the permittee and the district utility and permit specialist. Pipe or casing crossing roadway shall be jacked or bored in accordance with the applicable requirements of this Chapter and in accordance with E.D.S.M. IV.2.1.1.

H. No drainage canals or ditches except those drainage canals and ditches excavated, operated and maintained by the DOTD for the purpose of draining the highway are to be constructed on highway right-of-way. The DOTD has the right to prohibit and prevent the connection of any other system of drainage canals, ditches or conduits with its canals, ditches or conduit systems.

I. The DOTD does not permit any transmission facilities on or parallel to the highway right-of-way. This applies to both overhead and underground facilities. Applications are to indicate whether the proposed facility is a transmission or a distribution facility and in the case of an electric line, the voltage is to be shown. The DOTD will consider applications for over building existing electric distribution lines with transmission lines, provided pole locations remain relatively the same and, further, provided that single pole construction is used. Operating pressures of natural gas and product lines parallel to and in highway right-of-way shall not exceed 200 pounds per square inch.

J. The DOTD does not permit sanitary sewer lines to discharge at any point within the limits of the highway right-of-way. However, effluence may be discharged in accordance with R.S. 48:385.

K. Data relative to the proposed location, relocation and design of fixtures or appurtenances as may be required by the DOTD shall be furnished to the DOTD by the applicant free of cost, and the applicant shall make any and all changes or additions necessary to make the proposed fixtures and appurtenances thereto satisfactory to the DOTD.

L. Cutting and trimming of trees, shrubs or vines within highway right-of-way will be permitted only in accordance with E.D.S.M. IV.2.1.6 and in accordance with the Policy for Roadside Vegetation Management Manual.

M. For grading and landscaping, the permit application must be in the name of a public agency such as a municipality or police jury (not garden clubs or other such organizations). All work must be in accordance with the Policy for Roadside Vegetation Management Manual, and approved by the DOTD's landscape architect. All plantings shall be accomplished without blocking or slowing traffic, nor shall traffic hazards be created (by parking on or near the highway, leaving equipment or plants on or near the highway, etc.). The permit shall be revoked immediately if any of this occurs. This type of permit is discouraged on controlled access highways. Sprinkler systems, vegetation lighting and other such installations within highway right-of-way are also discouraged.

N. Telephone companies are installing more and more buried cable in lieu of overhead communication lines. Due to the type of equipment used in installing this cable and in recognition of the advantages of this type of installation, such as a reduction in the number of poles and reduced cutting and/or trimming of trees, permits and agreements are approved for locations other than the last few feet of right-of-way. This is not to be construed as a waiver of policy. In all cases, DOTD policy is to require installation as near the right-of-way line as possible, allowing sufficient room for the operation of plowing-machine and auxiliary equipment.

O. When and so long as the facilities involved in the permit are used in interstate commerce, the permit is conditioned on there being in force a Certificate of Convenience and Necessity issued by the Federal Power Commission, or such other federal agency as may be so authorized by Congress, to the applicant for permit and upon the applicant's compliance with all the terms of such certificate and the orders issued in connection therewith.

P. The DOTD does not issue blanket permits or agreements. A separate and new permit or agreement is required each time additional work is to be performed on highway right-of-way.

Q. The DOTD does not issue continuous permits or agreements. Permits for continuing work within DOTD right-of-way, such as cutting grass, shall be issued for periods of less than five years, and shall not be renewed (i.e., the permittee must apply for a new permit). Joint use agreements shall be issued for periods of less than 10 years, and may be renewed in 10-year increments. Utility relocation agreements shall remain valid until all work has been completed and the agreement is closed.

R. The applicant for permit agrees to hold harmless the DOTD and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit, whether or not the same may have been caused by the negligence of the DOTD, its agents or employees, provided, however, that the provisions of this last clause (whether or not the same may have been caused by the negligence of the DOTD, its agents or employees) shall not apply to any personal injury or property damage caused by the sole negligence of the DOTD, its agents or employees, unless such sole negligence shall consist or shall have consisted entirely and only of negligence in the granting of a permit.

S. The standards of the DOTD for installations or construction on state highways that are printed on the permit form shall be strictly observed and if none of these apply, such standards and specifications as do apply shall be attached to and become a part of the application for permit.

T. The applicant for a permit shall be the owner of the facility for which a permit is requested and any permit granted by the DOTD is granted only insofar as the DOTD has the power and right to grant the same. Any permit issued by the DOTD must be available at the site where and when work is being done.

U. Any permit granted by the DOTD is subject to revocation at any time.

V. Signing for warning and protection of traffic in instances where excavations are made in the shoulder of the roadway, or in the roadway surfacing, or where workmen, equipment or materials are in close proximity to the roadway surfacing, shall be in accordance with requirements contained in the DOTD's Maintenance Traffic Control Handbook, available from the office of the DOTD maintenance engineer administrator. Insofar as is possible, no vehicles, equipment and/or materials shall operate from, or be parked, stored or stockpiled on any highway in an area extending from the outer edge of the shoulder of the highway on one side to the other edge of the shoulder of the highway on the opposite side or in the median of any divided highway. Vehicles, equipment, materials, etc., shall not be left within this area of a highway during hours of darkness unless protected by crash attenuation devices placed adjacent to an unprotected immovable object located within 30 feet of the edge of the traveled roadway.

W. Any application for permit which provides for any work within the limits of a highway construction project must be accompanied by a signed letter from the highway contractor giving his approval or offering no objection to the proposed work.

X. All provisions and standards contained herein relative to the installation of utilities shall apply to future operation, service and maintenance of utilities.

Y. Drainage in highway side and cross ditches must be maintained at all times. The entire highway right-of-way affected by work under a permit must be restored to as good a condition as existed prior to beginning work to the complete satisfaction of the engineer.

Z. Permits will not be issued nor utility relocation agreements approved for the placing of any type of sign on highway right-of-way except to certain political subdivisions of the state such as the Department of Agriculture or the Forestry Commission. In these cases, the exact location of each sign must be reviewed by the district traffic operations engineer and approved by the district administrator. Nothing herein is to be construed as prohibiting the erection of railroad warning signs which are required by law. Also, as a condition to granting a permit or approving an agreement which requires excavation in the roadway section or provides for work in close proximity to the roadway surfacing, the DOTD shall require the applicant to provide and maintain adequate temporary signs to warn and protect the traveling public.

AA. The DOTD shall allow the placement of signs on highway right-of-way by schools where it is necessary to designate a school zone, or to comply with the drug free zone laws. In these cases, the exact location of each sign must be reviewed by the district traffic operations engineer and approved by the district administrator.

BB. The DOTD does not allow the installation of underground anode cathodic protection in highway right-of-way.

CC. In instances where a utility company is relocating its facilities on a DOTD construction project, via utility agreement with DOTD, the agreement is construed as the permit for the installation.

DD. Repairs under the roadway will not be allowed if it necessitates open cutting the roadway prism. If trouble with a crossing is experienced the utility company must install a new crossing at 100 percent their cost.

EE. Repairs are not allowed within control of access areas.

FF. Vitrified clay pipe and asbestos concrete pipe are not allowed within DOTD right-of-way.

La. Admin. Code tit. 70, § II-513

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.