La. Admin. Code tit. 70 § III-701

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

Section III-701 - Conditions

A. The Department of Transportation and Development will allow the display of American flags within its right-of-way under the following conditions.

1. 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 1 foot of the right-of-way.

2. Design of the flag poles are to conform with the standards as set forth in the Standard Specifications for Structural Supports for Highway Signs Luminaries 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.

3. Yard arm 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.

4. 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 counting 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.

5. 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.

6. 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 down or sufficient weight is to be added to the trailing edge of the flag to prevent the uplift of the flag.

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

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

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

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

11. Uplighting shall be allowed providing that the light is shielded and will not interfere with drivers' vision; and further providing that there is sufficient space to allow placement of the lighting within the right-of-way.

12. 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.

13. 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.

14. 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, § III-701

Promulgated by the Department of Transportation and Development, Office of the Secretary, LR 17:678 (July 1991), amended LR 19:359 (March 1993).

AUTHORITY NOTE: Promulgated in accordance with R.S. 48:21.