Section 290-RICR-20-00-5.6 - Permit Process5.6.1Filing A. Freeway Right-of-Way 1. Any applicant seeking to install a Utility Facility within a Freeway shall do so by filing a Freeway Utility Permit Application with the Department's Division of Maintenance.2. At the time of such Application, the Applicant shall pay to the Department any fee required by statute.3. All Applications must also be signed by the Applicant and the Owner of the facility, if different than the applicant, and any municipality or other parties responsible for future maintenanceB. Railroad Right-of-Way1. Any person, firm, corporation, or governmental agency seeking to install a Utility Facility within a Railroad right-of-way shall do so by filing a Utility Permit Application with the Department's Division of Maintenance.2. At the time of such Application, the Applicant shall pay to the Department any fee required by statute.3. All Applications must be signed by a governmental agency or public utility agreeing to be responsible for all future maintenance of the facility.5.6.2CopiesCompleted Applications must be accompanied by four (4) copies of a preliminary plan showing the plan and profile view of the proposed facility as well a traffic control plan, both stamped by a registered professional engineer, and two (2) copies of a detailed discussion of all possible alternatives to the Freeway or Railroad installation proposal.
5.6.3Easement, Lease, License, or Other Empowering Agreements A. During the review process, the Applicant must, at its own expense, provide any additional information relevant to the Application requested by the Department.B. In addition, the Owner must enter into either temporary and permanent easement agreements or a lease or license with the Department, regarding its use of State property, unless such use is in reference to maintenance, repair, testing, operation, replacement, reconducting, or upgrading that does not have an adverse impact on, or increase the area of the use of, the State right-of-way, or is a relocation required by the Department of existing Utility Facilities within Freeway right-of-way for Freeway Utility Permits or within Railroad Right-of-Way for Railroad Utility Permits.C. In no case shall this exception allow the use of an easement, lease, license, or other empowering agreement by any entity other than the Owner without the prior written agreement of the State.5.6.4National Environmental Policy Act (NEPA)Any Application within the jurisdiction of the National Environmental Policy Act, 42 U.S.C § 4321, as amended, shall be reviewed by the Federal Highway Administration. The approval of utility installations along or across Freeway right-of-way or Railroad right-of-way meets the criteria for a categorical exclusion under, The Environmental Impact and Related Procedures Act, 23 CFR § 771.117; however, any action which normally would be classified as a categorical exclusion but may involve unusual circumstances will be evaluated on a case-by-case basis per 23 C.F.R § 771.117(b)
5.6.5DecisionA decision by the Chief Engineer will be rendered within forty-five calendar (45) days of receipt of a completed Application by the Maintenance Division, and any additional information requested by the Department.
5.6.6Conditions and BondA. As a result of the Departmental staff review and the action of the Chief Engineer, the Application will be either approved as submitted with standard conditions, approved with additional conditions or denied as submitted.B. The Applicant will be notified, by mail, of the decision.C. A performance bond issued by a company licensed to conduct business in the State of Rhode Island and in an amount sufficient to assure that all the terms and conditions of the permit granted by the Department shall be obtained by the Applicant and submitted to the Department prior to the Maintainer initiating any utility work.5.6.7AppealA. An Applicant dissatisfied with the decision of the Chief Engineer, may appeal to the Director.B. The appeal must be in writing and include a copy of the original decision and be submitted to the Director within fifteen (10) business days of the rendering of the decision.C. The Director's decision will be made within thirty- five (35) business days of receipt of the appeal.D. The Director's decision may be appealed to the Superior Court in accordance with the Administrative Procedures Act, R.I. Gen. Laws § 42-35-15.5.6.8State Properties CommitteeAll easements, leases, licenses, or other empowering agreements are subject to the approval of the State Properties Committee pursuant to R.I. Gen. Laws §§ 37-7-8 and 37-7-9; therefore, all permits are contingent on that approval.
290 R.I. Code R. 290-RICR-20-00-5.6