La. Admin. Code tit. 70 § II-703

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

Section II-703 - Procedure

A. Following is the procedure for the processing of utility operator permit fees.

1. This fee only covers use of highway right-of-way for utility facilities and driveways; it does not cover attachments to structures, leasing excess property or joint use agreements.

2. The fee shall cover all utility facilities owned by the utility operator, regardless of how many different types of facilities are owned by the operator.

3. If, as the result of a highway relocation or other activity performed for the benefit of Department of Transportation and Development, a utility operator that previously had no facilities within highway right-of-way has facilities within highway right-of-way, this operator shall maintain his prior rights, and shall not be liable for this fee, until such time as he places additional facilities within the right-of-way.

4. Class 1 and Class 2 operators who own facilities that cross highways perpendicularly, and that have no facilities located longitudinally within highway right-of-way shall be exempt from this fee.

5. Each operator shall include in his application updated information which may affect the amount of his invoice.

6. Each December the Department of Transportation and Development shall invoice all known utility operators with facilities located within state highway right-of-way.

7. Each operator shall pay the invoice in full by January 31 of the following year.

8. One fee shall be paid by each owner, regardless of how many divisions or types of facilities he owns.

9. Separate companies owned by the same parent company shall each pay separate fees.

10. Issuance of permits to operators failing to submit full payment by February 1 of each year shall be suspended. The operator shall be notified of this deficiency, and shall have 60 days from the date of this notification to submit payment in full. Facilities owned by operators who fail to submit full payment within the 60-day notification period shall be removed from highway right-of-way.

11. All payments shall be in a lump sum form, and shall be paid by cashier's check, money order, or approved alternative.

12. Upon receipt of all monies, the Department of Transportation and Development shall deposit same in the Right-of-Way Permit Processing Fund. All monies existing in this fund at the end of each fiscal year shall be retained in the Right-of-Way Permit Processing Fund and shall not be deposited in the General Fund

La. Admin. Code tit. 70, § II-703

Promulgated by the Department of Transportation and Development, Utility and Permit Section, LR 20:318 (March 1994), amended LR 20:1020 (September 1994).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:381(E).