La. Admin. Code tit. 70 § II-527

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

Section II-527 - Miscellaneous

A.

1. Preservation, Restoration, and Clean Up

a. Temporary Erosion Control

i. When the engineer determines that the utility owner's forces are causing erosion that may damage the highway right-of-way, adjacent property, streams or otherwise become a public nuisance, the engineer may order the utility owner to perform and maintain temporary erosion control methods until such time as the restoration and clean-up of the right-of-way can be satisfactorily accomplished in accordance with these standards.

ii. The methods used by the utility owner shall be in compliance with the DOTD's standard specifications for such work in effect at the time the work is performed.

iii. Prior to beginning temporary erosion control work, the utility owner shall present to the DOTD, for its approval, the method and/or procedures by which the utility owner expects to temporarily control erosion.

b. Disturbed Areas

i. The area disturbed by utility installations or relocations shall be kept to a minimum. Restoration methods shall be in accordance with the DOTD's specifications, standards, and/or special provisions in utility use and occupancy agreements.

ii. All solid sod or cover disturbed and replaced by the utility must be maintained for a length of time to insure a living and growing sod or cover.

iii. The condition of the right-of-way at any time during or after the completion of a utility's installation or maintenance operation is subject to the approval of the engineer. Where drainage ditches must be obstructed, they shall be restored to a passable state at the end of each construction day.

iv. Trees or shrubs to be cut or trimmed during the work for a utility installation shall be specified on the utility's plan. No additional trees or shrubs shall be cut, trimmed, sprayed with herbicides, or damaged in the normal maintenance of the facility without the permission of the DOTD. Any such damage caused by the utility beyond the scope of permission shall be replaced by the utility.

v. It is necessary to cut vegetation away from electrical power lines; therefore, this shall be considered normal maintenance for electric utilities not located on control of access highways, providing that such cutting is preformed judiciously. This privilege shall not be extended to any other permittee.

c. Drainage. Care shall be taken in utility installations to avoid disturbing existing drainage facilities. Underground utility facilities shall be back-filled with pervious material and outlets provided for entrapped water. Underdrains shall be provided where necessary. No jetting or puddling shall be permitted under the roadway.

2. Safety and Convenience. Any installation or maintenance of the utility's facilities will be accomplished with due regard to the safety of the general public. The utility shall provide all necessary and adequate safety precautions such as signs, flags, lights, barricades, and flagman. All traffic controls for utility construction and maintenance operations shall conform with the DOTD's Manual on Uniform Traffic Control Devices and Maintenance Traffic Control Handbook. The utility shall store no material, excess dirt, or equipment on the shoulders or pavement or, in case of multilane highway in the median strips. The pavement will be kept free from any mud or other excavation material. Upon completion of the work, all excess material shall be removed from the right-of-way.

3. Servicing, Maintenance, and Repairs. All utility facilities will be kept in good state of repair, both structurally and in appearance. The utility will conform to these standards and the conditions of their occupancy agreement with regard to their maintenance operation.

4. Occupancy Agreements

a. Prior approval by the DOTD is required for:

i. relocation or new installations;

ii. a change in transmittant or increase in operating pressure above that approved by the DOTD, or any change in type, function or physical location of a facility;

iii. aerial service connections, or the substitution or adding of wires, or accessory equipment to existing poles, or supporting structures crossing any traveled portion of a freeway.

b. Prior approval is not required for:

i. subsurface service connections not paralleling or crossing any traveled portion of the highway;

ii. aerial service connections not requiring additional supporting structure within the right-of-way on highways other than freeways;

iii. normal maintenance operations; normal maintenance is defined for the purpose of these standards as being that work required to keep the existing facility in a state of good repair without adding to its physical makeup or changing its functional capacity;

iv. substituting wires, or accessory equipment to existing poles or supporting structures on highways other than freeways, provided that there is no change in the type, nature, or operating conditions of the originally approved facility;

v. passing through conduits or pipe encasements already in place where such additional installation does not require the physical disturbance of the surface or subsurface of the right-of-way and does not change the type, nature or operating conditions of the originally approved facility;

vi. placement of mailboxes or newspaper boxes, provided these facilities are placed at the shoulder line of an uncurbed section of highway, or back of the curb where curb exists; they are located so that they do not interfere with highway traffic, maintenance, or drainage; they shall be relocated when requested by DOTD at no cost to DOTD; they are to be grouped and placed on suitable stands, with supports of adequate strength and size to properly support the box(es). The use of heavy metal posts, concrete posts, and other miscellaneous items (such as plows, or milk cans filled with concrete) is specifically prohibited. When struck, the support should bend or fall away from the striking vehicle without severely damaging the vehicle or injuring its occupants. Mailbox supports should be no larger than 4 inches square or 4 1/2 inches in diameter wood posts, or 2-inch diameter standard steel or aluminum pipe, buried no more than 24 inches, and should safely breakaway if struck by a vehicle. The mailbox must be securely attached to its support to prevent separation if struck by a vehicle. No commercial advertising of any nature is to appear on these facilities. Mailboxes shall be installed in accordance with the AASHTO publication A Guide for Erecting Mailboxes on Highways.

c. In the event that a utility does not install a facility covered by a permit agreement, within six months of the written authorization to proceed with such installation, said permit agreement is revoked and a new authorization must be obtained from the state. Note that time extensions for a permit may be granted in six-month blocks, so that a permit may be valid for a maximum of two years. All extensions must be requested in writing, and approved in writing.

d. The utility owner shall notify the DOTD in writing at least 24 hours prior to beginning of work on any installation covered by an agreement with the DOTD. When the utility owner desires to work on highway right-of-way on weekends and/or holidays, the owner shall secure permission of the DOTD 48 hours in advance of the time the owner plans to begin work.

e. The utility owner shall notify the DOTD in writing when the owner considers the work to be complete. The engineer or his representative shall inspect the work promptly and either accept or reject the work. When the engineer or his representative considers the restoration and clean-up of the right-of-way and other features of the work to be satisfactory, he shall notify the utility owner in writing.

f. The utility owner is fully responsible for his facilities, and all damage caused by them, as long as the facilities are within the DOTD's right-of-way.

5. Inspection. When the work is to be performed by a contractor, the utility will retain a full-time inspector on any relocation, adjustment or new installation within the limits of highway right-of-way to insure the utility and the DOTD that such installations are made in full compliance with these standards and the approved location of the facilities.

6. Compliance. Failure to comply with the approved permit, agreement, state standards, or approved location, horizontal or vertical, shall be grounds for the DOTD to issue a stop order to the utility and continued abuses of this nature shall be grounds for revoking a permit.

7. Staking. Before the DOTD representative is requested to review a proposed installation within the highway right-of-way, the utility should stake the line so that the proposed installation can be reviewed in the field with full knowledge of what is proposed by the utility.

8. Responsibility of Utility. The utility is responsible for reconciling any conflict with the facilities of any other utility that are on the right-of-way and shall secure any necessary permission from such other utility for any alteration.

9. Compensable Interest. Where a utility has a compensable interest in the land occupied by its facilities and such land is to be jointly owned and used for highway and utility purposes, the DOTD and the utility shall agree in writing as to the obligations and responsibilities of each party. The interest to be vested in the DOTD in any portion of the right-of-way of a highway project to be vacated, used or occupied by utilities or private lines shall be of a nature and extent adequate for the construction, safe operation and maintenance of the highway project.

10. Solicitation of Funds. Solicitation of funds within DOTD right-of-way shall be in accordance with R.S. 51:1901-1909. The procedure shall be as specified in R.S. 51:1906.

NOTE: These statutes are printed in the front of this manual.

11. Other Type Permits. Additional permits handled by the utility and permit engineer are as follows.

a. Geophysical Permit. Geophysical surveys within highway right-of-way must be performed in accordance with R.S. 30:211-217 and all other state statutes. A separate permit application must be submitted for each parish, and each permit shall expire one year from the issue date. The use of vibrating equipment within the crown width of a highway is specifically prohibited. Applications for permit on "vibroseis" tape surveys will be considered.

b. Movable Property. Permits must be obtained when moving buildings or other large objects across a highway by some means other than by a wheeled vehicle or device. If it is to be moved on wheels, application for permit should be made to the district permit office:

i. that applicant is the owner of the property to be moved;

ii. crossings are to be made at as nearly right angles to highway as possible;

iii. all necessary precautions must be observed for the protection of the traveling public and undue delay to traffic will not be permitted;

iv. all excavations within the limits of the right-of-way shall be backfilled and tamped in 6-inch layers. Where it is necessary to make excavations in the shoulders, the top 6 inches of backfill shall be sand, clay, gravel or equivalent;

v. applicant is required to supply a traffic control plan (TCP) for all crossings.

c. Hay Permit. Application for permit for cutting and removing grass or hay on highway right-of-way is approved by the district administrator. A separate permit must be issued for each parish, and each permit shall expire six months from the issue date. This type of permit shall not be issued within control of access areas.

d. Traffic Control Device Permit. This type of permit shall normally be issued only to municipalities, school boards, or parish police juries. These permits must be reviewed and approved by the district traffic engineer prior to final approval by the district administrator. All work must conform with the Louisiana Department of Transportation and Development Manual on Uniform Traffic Control Devices.

e. Automatic License Plate Camera Devices. This type of permit is normally issued to Louisiana law enforcement agencies. For purposes of this Rule, law enforcement agencies eligible for this permit may include the Louisiana State Police, sheriffs' departments of the parishes of this state and municipal police departments. These permits must be reviewed and approved by the district administrator or his designee. If the automatic license plate camera device will be placed upon a bridge or sign truss, approval must also be obtained from the department headquarters utility and permit engineer. Permit applicants must comply with all permit requirements.

12. Emergency Permits and Joint Use Agreements. "Walk-through" or "hand-delivered" permits and/or joint use agreements shall not be accepted by the headquarters permit office except in emergency situations where safety or the DOTD's interest is involved. In these situations the permit must be accompanied by a letter from the district administrator stating that an emergency exists and explaining the emergency. Also, the district utility and permit specialist must telephone the headquarters utility and permit specialist and make an appointment for the permittee to deliver the permit application to the headquarters utility and permit office. Verbal approval of permits shall only be given when in the interest of the DOTD, or in emergency situations. Emergency situations are those where there is danger to life, health, or property. Cases where the permittee will lose time or money due to the lack of a permit because the permittee failed to apply in time or because of the lack of cooperation by permittee shall not be considered an emergency.

13. Displaying American Flags within Highway Right-of-Way. The Department of Transportation and Development will allow the display of American flags within its right-of-way under the following conditions.

a. Permanent flag poles shall be located behind barriers or beyond the designated clear zone of the highway. Clear zone distances are to be in accordance with the current approved design standards of DOTD at the time the application is made and a copy is to be attached to the permit. In cases where the right-of-way width is less than the clear zone distance, the flag pole may be installed within one foot of the right-of-way.

b. Design of the flag poles are to conform with the standards asset forth in the Standard Specifications for Structural Supports for Highway Signs, Luminaires and Traffic Signals as prepared by the American Association of State Highway and Transportation Officials (AASHTO). Maximum height of flag poles shall be 30 feet with an approximate maximum flag size of 5 feet x 9 feet. A 6-foot diameter concrete mowing apron shall be installed around the base of the flag pole in a typical installation.

c. Yard arms or outrigger flag poles may be mounted on light standards providing their placement does not degrade the light standards' structural integrity or interfere with traffic and maintenance of the light fixtures. In those cases where the light standards are owned by local government agencies and are maintained by them or private power companies, additional approval shall be obtained from the local government agency and/or power company. Minimum mounting heights for yard arms or outriggers shall be 20 feet above the natural grade. Maximum length of the yard arm or outrigger shall be 6 feet and the maximum flag size shall be approximately 3 feet x 5 feet.

d. Yard arms or outrigger flag poles may be mounted on utility poles providing their placement does not create a hazard or degrade the poles' structural integrity. Approval from the poles' owner must be obtained by the permittee prior to applying for a permit. Minimum mounting heights for yard arms or outriggers shall be 20 feet above the natural grade. Maximum length of the yard arm or outrigger shall be 6 feet and the maximum flag size shall be approximately 3 feet x 5 feet.

e. Temporary flag poles may be erected along the right-of-way for holidays such as Memorial Day, Independence Day, etc. These poles shall have a maximum diameter of 1 1/2 inches and be located in such a manner that if they should fall they will not interfere with traffic. These temporary flag poles should be erected in a sleeve mounted flush with ground and shimmed to project the pole in a vertical, stabilized position. They shall be constructed of a material which will allow them to collapse when struck by a vehicle.

f. Flags will not be allowed to be mounted on the superstructure of bridges since they could cause a distraction to the motorists thus creating a traffic hazard. Flags may be flown from the substructure of bridges providing they are mounted in such a manner as not to allow the wind to blow the flag into the travel lanes of the bridge. Positive tie downs or sufficient weight is to be added to the trailing edge of the flag to prevent the uplift of the flag.

g. Flags are to be displayed as outlined in Public Law 94-344.

h. Location of existing underground utilities shall be verified by the permittee or his agent prior to digging the foundation hole for the flag pole.

i. Purchase, installation cost, removal cost, and maintenance of the flag pole shall be the responsibility of the permittee.

j. The installation or removal of flags shall be accomplished in a manner that will not interfere with the normal flow of traffic.

k. Uplighting shall be allowed providing that the light is shielded and will not interfere with drivers' vision; and further provided that there is sufficient space to allow placement of the lighting within the right-of-way. Prior to erecting a flag pole or poles, yard arms or outriggers, or the display of flags from the substructure of bridges it shall be necessary to obtain a permit from the local DOTD district office, on Project Permit Form 593, describing the location, type and method of erecting the poles and displaying the flags.

14. Flags and/or flag poles installed without permit, or not installed in accordance with the conditions of the permit, shall be immediately removed at the expense of the party responsible for the installation. Issuance of flag permits shall be at the discretion of the DOTD, and only governing bodies or nonprofit organizations may obtain them.

15. Drawings of the flag pole, footings and other structural features, shall be attached with each permit request and stamped by an engineer licensed by the state of Louisiana.

La. Admin. Code tit. 70, § II-527

Promulgated by the Department of Transportation and Development, Utility and Permit Section, LR 20:317 (March 1994), amended by the Department of Transportation and Development, Office of Engineering, LR 39:2801 (October 2013), LR 39:3100 (November 2013).

AUTHORITY NOTE: Promulgated in accordance with R.S. 19:14, 30:210, 30:211-217, 32:236, 38:2223, 38:3074, 48:26, 48:191-193, 48:217, 48:295.1-4, 48:343-344, 48:381-383, 48:385-387, and 51:1901-1909.