290 R.I. Code R. 290-RICR-20-00-5.5

Current through December 3, 2024

Section 290-RICR-20-00-5.5 - General Restrictions

5.5.1Permits

A. A Permit is required for the installation of any Utility Facility within a Freeway right-of-way or within a Railroad right-of-way. The process for acquiring a Permit is specified in § 5.6 of this Part.

B. In order to obtain a permit, Applicants must review and agree to the provisions of the State of Rhode Island Department of Transportation Standard Specifications for Road and Bridge Construction.

5.5.2Transverse Installations

A. Transverse installation of utility facilities will be permitted only where there is no prudent alternative to the installation of said facility within a Freeway right-of-way or a Railroad right-of-way.

B. Access to said transverse installations will only be permitted as specified in § 5.5.4 of this Part.

C. Freeway Right-of-Way

1. Said installation shall be as close to perpendicular as possible to the Freeway alignment, and in all cases shall be limited to longitudinal distances of less than 1,000 feet, or unless otherwise approved by the Department.

2. Said installation shall not endanger the safety of the motoring public and shall not adversely affect the Freeway.

3. Any above ground structure shall be placed at a safe distance from the shoulder as determined by the Department and outside the clear zone as defined in the American Association of State Highway and Transportation Officials "Roadside Design Guide," incorporated above in § 5.3 of this Part.

D. Railroad Right-of-Way

1. Said installation shall be as close to perpendicular as possible to the Railroad alignment, and in all cases shall be limited to longitudinal distances of less than 1,000 feet, or unless otherwise approved by the Department.

2. Said installation shall not endanger the safety of the motoring public and shall not adversely affect the public use.

3. Any above ground structure shall be placed at a safe distance from the transportation portion of the right-of-way as determined by the Department.

5.5.3Longitudinal Installations

A. Longitudinal Installations of utility facilities within a Freeway right-of-way or a Railroad right-of-way are permitted only when there is no feasible or prudent alternative to the installation of said facility.

B. Access to longitudinal installations will be permitted as specified in § 5.5.4 of this Part.

C. Freeway Right-of-Way

1. Installations are to be permitted only in close proximity to the Freeway line and outside the clear zone. Installation in the median area will generally be discouraged.

2. A utility access control line will be established between the proposed utility installation and the through roadway ramps. Service connections to adjacent properties shall not be permitted from within the utility strip.

3. Where such longitudinal installations are requested, the utility owner must in each case show to Department's satisfaction:

a. That the accommodation will not adversely affect highway and traffic safety.

b. That alternate locations are not available or cannot be implemented at reasonable cost, from the standpoint of providing efficient utility services in a manner conducive to safety, durability, and economy of maintenance and operations; that the accommodation will not adversely affect the design, construction, operation, maintenance or stability of the freeway; and that it will not interfere with or impair the present use or future expansion of the freeway.

c. That disapproval of the use of the State right-of-way would result in the loss of productive agricultural land, or loss of productivity of agricultural land, if any. In this case, the utility must provide information on the direct and indirect environmental and economic effects of such loss, which effects will be evaluated and considered by the Department.

d. That the accommodation satisfies the conditions of § 5.5.4 of this Part.

D. Railroad Right-of-Way

1. Installations are to be permitted only in close proximity to the edge of the right-of-way.

2. Service connections to adjacent properties shall not be permitted from within the utility strip.

3. Where such longitudinal installations are requested, the utility owner must in each case show to the Department's satisfaction:

a. That the accommodation will not adversely affect the right-of-way and public safety.

b. That alternate locations are not available or cannot be implemented at reasonable cost, from the standpoint of providing efficient utility services in a manner conducive to safety, durability, and economy of maintenance and operations; that the accommodation will not adversely affect the design, construction, operation, maintenance or stability of the Railroad right-of-way; and that it will not interfere with or impair the present use or future expansion of the right-of-way.

d. That the accommodation satisfies the conditions of § 5.5.4 of this Part.

5.5.4Access

A. Freeway Right-of-Way

1. Access for construction and/or servicing a Utility Facility within a Freeway line should be limited to access via:

a. Frontage road, where provided

b. Nearby or adjacent public roads and streets

c. Trails along or near the Freeway right-of-way line connecting only to an intersecting road from any one point or all of which entry may be made to the outer portion of the Freeway right-of-way

2. A locked gate in the freeway fence line may be utilized to meet periodic service access needs pursuant to "Agreements relating to use of and access to rights of way Interstate System", 23 U.S.C § 111. A gated point of access installed in an interstate highway freeway fence line will require the approval of the FHWA.

3. Access to the Utility Facility from the through roadways or connecting ramp shall not be permitted except for special cases where alternate locations and/or means of access are unavailable or impractical due to terrain and other environmental constraints and said use shall not adversely affect the safety of the motoring public or impair the Freeway.

4. Access for construction and/or servicing a Utility Facility within a Freeway right-of-way shall minimize disruption and be in conformance with the guidance found in the latest edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD, 2009 Edition), incorporated above in § 5.3 of this Part.

B. Railroad Right-of-Way

1. An Applicant must coordinate access for construction and/or servicing with the railroad operator for an application in an Active Railroad right-of-way.

2. Access for construction and/or servicing a Utility Facility within a Railroad right-of-way shall minimize disruption and be in conformance with the guidance found in the latest edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD 2009) and the American Railway Engineering and Maintenance of Way Association's "Manual for Railway Engineering" (2018), incorporated above in § 5.3 of this Part.

5.5.5Maintenance of Traffic Within a Public Freeway

A. When accessing a utility facility within a public freeway, the Permittee shall:

1. Maintain any road affected by its work open to traffic and keep such road in a condition that shall safely and adequately accommodate such traffic.

2. Furnish, erect and maintain all traffic control including barricades, warning signs, delineators, flaggers and pilot cars in accordance with the "Manual on Uniform Traffic Control Devices for Streets and Highways"(MUTCD 2009), incorporated above in § 5.3 of this Part, subject to monitoring by the Department.

3. Submit for the Department's approval, a Traffic Control Plan for all utility work which would have any effect upon freeway traffic.

B. This traffic control protection will be maintained until the project has been completed to the Department's satisfaction.

5.5.6Protection from Suits

A. As a condition of receipt of a permit, the Permittee shall defend, indemnify, protect and save harmless the State and its agents, servants and employees from and against any and all suits, claims, losses, demands or damages of whatever kind or nature arising out of the issuance of said permit or claimed to arise out of any act, error or omission of the Permittee, its agents, servants and employees in the performance of work covered by the permit.

B. A performance bond and certificates of insurance shall be required. The performance bond shall be obtained by the Permittee and submitted to the Department prior to the Permittee initiating utility work.

5.5.7Relocation

It will be the responsibility of the Maintainer to accomplish any relocation of the Utility Facility at its expense. Any such relocation shall be subject to review and approval by the Department. If a relocation is required by the Department, the Maintainer will receive due notice and must comply with the relocation with all deliberate speed.

5.5.8Maintenance of Utility Facility

A. The Department may perform emergency maintenance on the Utility Facility for which it shall be reimbursed by the Maintainer. In the event the Maintainer needs to perform emergency maintenance on the facility, the Department will be notified as soon as reasonably possible. Full coverage will be in place to cover liability claims against the Department and a new permit will be required.

B. Should the Maintainer need to replace all or a portion of an existing utility, a new easement will be required only in the event that the work should extend beyond the limits of the original easement. Otherwise the Maintainer will be vested with the right to complete all work under the original grant of easement.

C. Freeway Right-of-Way

1. The Maintainer shall maintain the Utility Facility in a condition satisfactory to the Department which does not endanger the safety of the motoring public and does not adversely affect the Freeway right-of-way.

D. Railroad Right-of-Way

290 R.I. Code R. 290-RICR-20-00-5.5