DAR File No. 43445
This rule was published in the January 1, 2019, issue (Vol. 2019, No. 1) of the Utah State Bulletin.
Transportation, Preconstruction
Rule R930-7
Utility Accommodation
Notice of Proposed Rule
(Amendment)
DAR File No.: 43445
Filed: 12/14/2018 02:59:24 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
In these proposed amendments, the Utah Department of Transportation (Department) seeks to update and fine-tune Rule R930-7. This rule prescribes conditions under which utility and non-utility facilities may be accommodated within the Department's right of way and sets forth the state's regulations covering the placement and relocation of facilities in conflict with the construction and maintenance of highways. In its 2018 General Session, the Legislature passed S.B. 189, which enacted Title 54, Chapter 21, Small Wireless Facilities Deployment Act (Act). The Act permits a wireless provider to deploy a small wireless facility and any associated utility pole within a right-of-way under certain conditions; permits the Department to establish a permitting process for the deployment of a small wireless facility and any associated utility pole under certain conditions; describes a wireless provider's access to an authority pole within the Department's right-of-way; sets rates and fees for the placement of a small wireless facility and a utility pole; describes the implementation of requirements in relation to agreements and ordinances; and permits the Department or a local government to adopt indemnification, insurance, or bonding requirements for a small wireless facility permit, under certain conditions. These proposed amendments conform Rule R930-7 to the requirements of the Act, and make use of many of the definitions stated in the Act. The Department is proposing these amendments to accommodate the projected increase in demand for encroachment permits to access its right-of-way that development of fifth-generation (5G) mobile broadband technology is certain to cause while complying with the requirements of the Act.
Summary of the rule or change:
The principal objective of these updates will achieve the following beneficial outcomes: 1) remove language that is against Federal regulation (Federal Communications Commission) (Subsections R930-7-1(2), R930-7-3(32), and R930-7-6(1)(a)(c); 2) add a definition for "Buffer Zone" as it relates to a utility company's requirements for cover (Subsection R930-7-3(8)); 3) add a definition for "Small Wireless Facility" and requirements for necessary agreements in compliance with Small Wireless Facilities Deployment Act, Title 54, Chapter 21 (Subsections R930-7-3(48) and R930-7-6(1)(b)); 4) provide proper definition reference for "Utility Facility" and "Utility Company" (Subsections R930-7-3 (56) and (57)); 5) add a requirement for a non-utility license agreement for non-defined facilities (Subsection R930-7-6(2)(b)); 6) add a provision for additional insurance for small canal companies who cannot post the required SULA bond (Subsection R930-7-6(2)(e)); 7) strengthen the language related to depth of bury requirements giving regions additional authority to require deeper that minimum depths when necessary and remove redundant language (Subsection R930-7-8(1)(c)(iii)); 8) enhance minimum depth of bury table to clarify location requirements, measurements to/from and buffer zone depths if required by utility company (Subsection R930-7-8(1)(c)(v) Table 2); and 9) correct stylistic grammar throughout.
Statutory or constitutional authorization for this rule:
- Subsection 72-6-116(2)
Anticipated cost or savings to:
the state budget:
The Department estimates its budget and the state's budget will likely experience a fiscal impact related to these proposed amendments. The Department is proposing these amendments to accommodate the projected increase in demand for encroachment permits to access its right-of-way that development of fifth-generation (5G) mobile broadband technology is certain to cause. Utility companies may need to construct new infrastructure in the Department's right-of-way to accommodate the new technology. However, it is not possible to estimate what this impact will be with any degree of accuracy at present.
local governments:
The Department does not believe these proposed amendments will lead to fiscal impact for local governments unless the local government in question is bearing the costs of installing a utility facility in the Department's right-of-way. However, because the cost of the impact a local government may incur in such instances will vary based on geographic location and attendant variables it is not possible to estimate what the compliance costs will be with any degree of accuracy at present.
small businesses:
The Department believes these proposed amendments may lead to compliance costs for small businesses if an entity installing a utility facility on the Department's right-of-way is able and determines to pass all or a portion of the compliance costs it incurs to such other persons, such as small businesses. Moreover, if the utility seeking to install a utility facility in right-of-way belonging to the Department is a small business and it cannot pass costs incurred that may be attributable to these rule changes to customers or others it may experience a fiscal impact. However, it is impossible to estimate what such compliance costs might be with any accuracy at present.
persons other than small businesses, businesses, or local governmental entities:
The Department believes these proposed amendments may lead to compliance costs for persons other than businesses and local governments if the entity installing a utility facility on the Department's right-of-way is able and determines to pass all or a portion of the compliance costs it incurs to such other persons. However, it is impossible to estimate what such compliance costs might be with any accuracy at present.
Compliance costs for affected persons:
The Department believes these proposed amendments may lead to compliance costs for persons other than businesses and local governments if the entity installing a utility facility on the Department's right-of-way is able and determines to pass all or a portion of the compliance costs it incurs to such other persons. However, it is impossible to estimate what such compliance costs might be with any accuracy at present.
Comments by the department head on the fiscal impact the rule may have on businesses:
These proposed amendments to Rule R930-7 may lead to fiscal impacts on businesses.
Carlos Braceras, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:
TransportationPreconstruction
CALVIN L RAMPTON COMPLEX
4501 S 2700 W
SALT LAKE CITY, UT 84119-5998
Direct questions regarding this rule to:
- Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]
- James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [email protected]
- Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [email protected]
- Josh Dangel at the above address, by phone at , by FAX at , or by Internet E-mail at [email protected]
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
01/31/2019
This rule may become effective on:
02/07/2019
Authorized by:
Carlos Braceras, Executive Director
RULE TEXT
Appendix 1: Regulatory Impact Summary Table*
Fiscal Costs |
FY 2019 |
FY 2020 |
FY 2021 |
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Costs: |
$0 |
$0 |
$0 |
|
|
|
|
Fiscal Benefits |
|
|
|
State Government |
$0 |
$0 |
$0 |
Local Government |
$0 |
$0 |
$0 |
Small Businesses |
$0 |
$0 |
$0 |
Non-Small Businesses |
$0 |
$0 |
$0 |
Other Persons |
$0 |
$0 |
$0 |
Total Fiscal Benefits: |
$0 |
$0 |
$0 |
|
|
|
|
Net Fiscal Benefits: |
$0 |
$0 |
$0 |
*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.
Appendix 2: Regulatory Impact to Small and Non - Small Businesses
1) The Department of Transportation (Department) estimates that the utilities and telecommunications industries in Utah are the only businesses that may experience a material fiscal impact resulting from enactment of this proposed amendment. This fiscal impact may be positive or negative, depending upon the specific facility or right of way impacted and how we define fiscal impact.
A) The utilities industry is comprised of establishments involved in:
i) Electric power generation, transmission, and distribution, NAICS of 221112 for generation, and 221122 for distribution;
ii) Natural gas distribution, NAICS of 221210; and
iii) Water distribution and irrigation systems, NAICS 221310, Sewer systems, NAICS 221320.
b) The telecommunications industry is comprised of establishments involved in:
i) Wired Telecommunications Carriers NAICS of 517311; and
ii) Wireless Telecommunications Carriers (except Satellite), NAICS of 517312.
2) The Department of Workforce Services (DWS) Firm Find Data includes information about firms within the seven industries identified by the NAICS industry code, which data on numbers of employees by firm follows:
a) Electric power generation, transmission, and distribution, NAICS of 221112 for generation, lists 16 firms total, 11 are small businesses; and 221122 for distribution; lists 57 firms total, 52 are small businesses;
b) Natural gas distribution, NAICS of 221210, lists 46 firms total, 40 are small businesses;
c) Water distribution and irrigation systems, NAICS 221310, lists 182 firms total, 177 are small businesses;
d) Sewer systems, NAICS 221320, lists 48 firms total, 46 are small businesses;
e) Wired Telecommunications Carriers NAICS of 517311, lists 150 firms total, 135 are small businesses; and
f) Wireless Telecommunications Carriers (except Satellite), NAICS of 517312, lists 56 firms, 55 are small businesses.
3) Of these 555 firms in the seven possibly affected industries, 39 are non-small businesses and 516 are small businesses, as defined by Utah Code Section 63G-3-102(19). For a complete list of these firms, contact the Department.
4) The Department does not believe this proposed amendment will lead to any compliance costs for local governments unless the local government in question is bearing the costs of installing a utility facility in UDOT right of way. However, because the cost of the impact a local government may incur in such instances will vary based on geographic location and attendant variables it is not possible to estimate what the compliance costs will be with any degree of accuracy at present.
5) The Department believes this proposed amendment may lead to compliance costs for persons other than businesses and local governments if the entity installing a utility facility on UDOT's right of way is able and determines to pass all or a portion of the compliance costs it incurs to such other persons. However, it is impossible to estimate what such compliance costs might be with any accuracy at present.
6) The Department estimates that its budget and the state's budget will likely experience a fiscal impact related to this proposed amendment. The Department is proposing this amendment to accommodate the projected increase in demand for encroachment permits to access its right of way that development of fifth-generation (5G) mobile broadband technology is certain to cause. It is not possible to estimate what this impact will be with any degree of accuracy at present.
7) Carlos Braceras, executive director of the Department has reviewed and approved this fiscal analysis.
R930. Transportation, Preconstruction.
R930-7. Utility Accommodation.
R930-7-1. Purpose.
(1) The purpose of this rule is to:
(a) maximize public safety;
(b) provide for efficient highway operations and maintenance of roadways:
(c) maximize aesthetic quality;
(d) minimize future conflicts between the
highway system and utility companies serving the [general ]public; and
(e) ensure that use and occupancy by utility companies do not impair or increase the cost of future highway construction, expansion, or maintenance or interfere with any right of way reserved for these purposes.
(2) This rule prescribes conditions under
which utility facilities may be accommodated [on]within the right of way and sets forth the state's
regulations covering the placement and relocation of utility
facilities in conflict with the construction and maintenance of
highways.[ General installation requirements, general and definitive
design requirements, and utility construction and inspection
requirements apply to indirect and private facilities within the
right of way. Within UDOT's sole discretion, indirect and
private facilities may be allowed on UDOT's right-of-way by
lease.]
(3) This rule should be interpreted to
achieve maximum lawful public use of
the right of way for transportation purposes and to ensure
that utility installations and operations affecting state right of
way are accomplished in accordance with state and federal laws and
regulations. It is in the public interest for utility facilities to
be accommodated within rights of way when the accommodation does
not adversely affect
public safety, the integrity of highway features
, or occupy space within the [right-of-way]right of way that conflicts with
current or future transportation purposes
or uses.[or future use of the highway.] The permitted use
and occupancy of right of way for non-highway purposes, such as utilities, is subordinate to the primary and
highest interest for transportation and safety of the traveling
public. Utility facilities may be required to relocate outside of
the right of way to accommodate UDOT's projects.
(4) This rule is provided to facilitate
the establishment of consistent expectations and effective working
relationships between UDOT and utility companies through continuous
communication, coordination, and[,] cooperation.
(5) Through the Code of Federal
Regulations (23 CFR[, Part]
Section 645.215(a)), the U.S. Department of Transportation
requires each state to submit a statement to the Federal Highway
Administration (FHWA) on the authority of utility companies to use
and occupy the right of way of state highways, the state highway
agency's power to regulate the use, and the policies the state
employs or proposes to employ for accommodating utilities within
the right of way of Federal-aid highways under its jurisdiction.
This rule demonstrates compliance to FHWA.
R930-7-2. Authority and Source Documents.
This rule is enacted under the authority
of
Utah Code Section 72-6-116(2), wherein UDOT is authorized
and [given the]assigned responsibility to regulate and make rules for the
installation, construction, maintenance, repair, renewal, system
upgrade, and relocation of utility facilities within state
owned and administered highway[s]
rights of way, including ordering their relocation as may
become necessary.
(1) Utah Code provides for the
accommodation of utility facilities within the right of way and
provides UDOT [the ]authority to promulgate rules and regulations
for administering those provisions. Accordingly, this rule has been
developed pursuant to the following state and federal laws, codes,
regulations, policies:
(a) Utah Code[, Title 54, Public Utilities,] Section
54-3-29;
(b) American Association of State Highway and Transportation Officials (AASHTO) publications, A Guide for Accommodating Utilities within Highway Right of Way and A Policy on the Accommodation of Utilities within Freeway Right of Way (2005); and
(c) AASHTO publications, Roadside Design Guide, 2011, and A Policy on Geometric -Design of Highways and Streets, 2011.
(2) This rule incorporates by reference 23 CFR Section 645, Subpart B, (November 22, 2000).
(3) UDOT has secured [the ]authority from FHWA to issue permits for the
use or occupancy of the right of way by utility facilities on
Federal-aid highways. The use of Federal-aid highway right of way
by utilities shall be in accordance with 23 CFR
Section 645.215.
R930-7-3. Definitions.
(1) "Abandoned facility" is a utility facility that is not in use, no longer actively providing a service and is physically disconnected from the operating facility that is still in use and still actively providing a service. Abandoned facilities remain the property of the utility company.
(2) "Access control" is the regulation of public access to and from properties abutting the highway facilities. The two basic types of access control are:
(a) "No access (NA)" means
access to through-traffic lanes is not allowed except at
interchanges. Crossings at[ ]-grade and direct driveway connections are prohibited.
(b) "Limited access (LA)" means
access to selected public roads may be provided. There may be some
crossings at[ ]-grade and some private driveway connections.
(3) "Administrative citation" is a letter from UDOT to a utility company citing one or more non-compliance items and proper redress requirements such as action on the appropriate bond, revocation of permit, and revocation of a license agreement.
(4) "AASHTO" is the American Association of State Highway and Transportation Officials.
(5) "Backfill" means the replacement of soil removed during construction. It may also denote material placed over or around structures and utilities.
(6) "Bedding" means the composition and shaping of soil or other suitable material to support a pipe, conduit, casing, or utility tunnel.
(7) "Boring" means the operation by which carriers or casings are pushed or jacked under highways without disturbing the highway structure or prism. Bores are carved progressively ahead of the leading edge of the advancing pipe as soil is mucked back through the pipe.
(8) "Buffer Zone" means the area composed of material such as sand, flowable fill, concrete, etc. surrounding a Utility facility where no compaction or encroachment is allowed.
([8]9) "Carrier" means a pipe directly enclosing a
transmitted fluid (liquid, gas, or slurry).
([9]10) "Casing" is a larger pipe, conduit, or duct
enclosing a carrier.
(1[0]1) "Clear Zone" means the total roadside border
area, starting at the edge of the traveled way, available for safe
use by errant vehicles. This area may consist of a shoulder, a
recoverable slope, a non-recoverable slope, and a clear run-out
area. The desired width is dependent upon traffic volumes, speeds,
and roadside geometry.
(1[1]2) "Coating" is material applied to or wrapped
around a pipe.
(1[2]3) "Conduit" is an enclosed tubular casing for the
protection of wires and cables.
(1[3]4) "Depth of bury (cover)" means the depth from
ground
, sidewalk, or roadway surface to top of pipe, conduit,
casing, cable, utility tunnel, or similar facility.
(1[4]5) "Deviation" means a granted permission to
depart from the standards and requirements of this rule.
(1[5]6) "Emergency work" is utility company work
required to prevent loss of life or significant damage to
property.
(1[6]7) "Encasement" is a structural element
surrounding a carrier or casing.
(1[7]8) "Encroachment" means
entry within the [unauthorized use of ]highway right of way.
(1[8]9) "Encroachment permit" is a document that
specifies the requirements and conditions for performing
authorized work
within[on] the highway right of way.
([19]20) "Environmentally protected areas" are areas
that include, but are not limited to, wetlands, flood plains,
stream channels, rivers, threatened or endangered species,
archaeological sites, and historic sites.
(2[0]1) "Expressway" is a divided arterial highway for
through traffic with partial control of access and generally with
grade separations at major intersections.
(2[1]2) "Federal-aid highways" are highways eligible to
receive Federal-aid.
(2[2]3) "FHWA" is the Federal Highway
Administration.
(2[3]4) "Flexible carrier pipe" is a plastic,
fiberglass, or metallic pipe having a large diameter to wall
thickness ratio and which can be deformed without undue stress.
(2[4]5) "Flowable fill" is low strength flowable
concrete as defined in UDOT Standard Specification 03575.
(2[5]6) "Freeway" is an expressway with full control of
access.
(2[6]7) "Frontage road" is a local street or road
auxiliary to and located on the side of an arterial highway for
service to abutting property and adjacent areas and for control of
access.
(2[7]8) "Grade" is the rate or percent of change in
slope, either ascending or descending, measured along the
centerline of a roadway or access.
(2[8]9) "Grounded" means electrically connected to
earth or to some extended conducting body that serves instead of
the earth, whether the connection is intentional or accidental.
([29]30) "Grout" is a cement mortar or slurry of fine
sand or clay.
(3[0]1) "Highway, street, or road" are general terms
denoting a public way for the transportation of people, materials,
and goods, but primarily for vehicular travel, including the entire
area within the right of way.
(3[1]2) "Horizontal directional drilling" (HDD), also
known as directional boring and directional drilling, is a method
of installing underground pipes and conduits from the surface along
a prescribed bore path. The process is used for installing
telecommunications and power cable conduits, water lines, sewer
lines, gas lines, oil lines, product pipelines, and casings used
for environmental remediation. It is used for crossing waterways,
roadways, congested areas, environmentally protected areas, and any
area where other methods are not feasible.
[(32) "Indirect facilities" are facilities owned
by a utility company or entity that does not directly serve the
public and the facilities provide services to or are rented to
other utility companies.]
(33) "Interstate highway system" (Interstate) is the Dwight D. Eisenhower National System of Interstate and Defense Highways as defined in the Federal-aid Highway Act of 1956 and any supplemental acts or amendments.
(34) "License Agreement or Statewide Utility License Agreement" is a document by which UDOT licenses the use and occupancy, with conditions, of highway rights of way for utility facilities.
(35) "Manhole" or "utility access hole" is an opening in an underground system that workers or others may enter for the purpose of making installations, removals, inspections, repairs, connections, and tests.
(36) "Median" is the portion of a divided highway separating the traveled ways for traffic in opposite directions.
(37) "MUTCD (Utah MUTCD)" means the current version of Utah Manual on Uniform Traffic Control Devices referenced in R920-1.
(38) "Pavement structure" is the combination of sub-base, base course, and surface course placed on a sub-grade to support the traffic load.
(39) "Permit" means encroachment permit.
(40) "Pipe" is a tubular product made as a production item for the transmission of liquid or gaseous substances. Cylinders formed from plate material in the fabrication of auxiliary equipment are not pipe as defined here.
(41) "Pipeline" is a continuous carrier used primarily for the transportation of liquids, gases, or solids from one point to another using either gravity or pressure flow.
(42) "Plowing" means the direct burial of utility lines by means of a mechanism that breaks the ground, places the utility line, and closes the break in the ground in a single operation.
(43) "Practicable" means reasonably capable of being accomplished or feasible as determined by UDOT.
(44) "Relocate" means the
adjustment of utility facilities when found by UDOT to be necessary
for construction or maintenance of a highway. It includes removing
and reinstalling the facility, including necessary temporary
facilities, acquiring the necessary [right-of-way]right of way on the new location, moving, rearranging or
changing the type of existing facilities and taking any necessary
safety and protective measures. It also means constructing a
replacement facility that is both functionally equivalent to the
existing facility and necessary for continuous operation of the
utility service, the project economy, or sequence of highway
construction.
(45) "Right of way" is a general term denoting land, property, or interest therein, usually in a strip acquired for or devoted to transportation purposes.
(46) "Roadside" is a general term denoting the area between the outer edge of the roadway shoulder and the right of way limits.
(47) "Roadway" is the portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.
(48) "Small Wireless Facility" means as defined in Utah Code Section 54-21-101.
(4[8]9) "Slope" is the relative steepness of the
terrain expressed as a ratio or percentage. Slopes may be
categorized as positive or negative and as parallel or cross slopes
in relation to the direction of traffic.
([49]50) "State [h]Highways" are those highways designated as State
Highways in Title 72, Chapter 4, Designation of State Highways.
(5[0]1) "Structure" means any device used to convey
vehicles, pedestrians, animals, waterways or other materials over
highways, streams, canyons, or other obstacles. It also includes
buildings, signs, and UDOT facilities with foundations.
(5[1]2) "Subsurface Utility Engineering (SUE)" is the
management of certain risks associated with utility mapping at
appropriate quality levels, utility coordination, utility
relocation, communication of utility data, utility relocation cost
estimates, implementation of utility accommodation policies, and
utility design. SUE tools include traditional records, site
surveys, and new technologies such as surface geophysical methods
and non-destructive vacuum excavation, to provide quality levels of
information. The SUE process for collecting and depicting
information on existing subsurface utility [F]facilities is described in ASCE Standard 38-02, Standard
Guideline for the Collection and Depiction of Existing Subsurface
Utility Data.
(5[2]3) "Trenched" means installed in a narrow open
excavation.
(5[3]4) "Trenchless (Untrenched)" means installed
without breaking the ground or pavement surface by a construction
method such as directional drilling, boring, tunneling, jacking, or
auguring.
(5[4]5) "UDOT" is the Utah Department of Transportation
and where referenced to be contacted, submitted to, approved by,
accepted by or otherwise engaged, means an authorized
representative.
(5[5]6) "Utility" or "
U[u]tility facility" means
as defined in Utah Code Section 72-6-116.[privately, publicly, cooperatively, or municipally owned
pipelines, facilities, or systems for producing, transmitting, or
distributing communications, power, electricity, light, heat, gas,
oil, petroleum products, cable television, water, sewer, steam,
waste, storm water not connected with highway drainage, and other
similar commodities, which directly service the
public.]
(5[6]7) "Utility appurtenances" include but are not
limited to pedestals, manholes, vents, drains, rigid markers, meter
pits, sprinkler pits, valve pits, and regulator pits.
(5[7]8) "Utility company"
means as defined in Utah Code Section 72-6-116a.[is a privately, cooperatively, or publicly owned utility,
including utilities owned by political subdivisions, and where
referenced includes authorized representatives, contractors, and
agents.]
(5[8]9) "Vent" is an appurtenance designed to discharge
gaseous contaminants from a casing.
R930-7-4. Scope.
(1) This rule supersedes portions of Manual of Accommodation of Utility Facilities and the Control and Protection of State Highway Rights of Way including Section 5 and portions relating to utility accommodation or that refer to utilities in the right of way or percent of reimbursement, which are part of R930-6 at the time of enactment of this rule.
(2) Regulations, laws, or orders of public authority or industry code prescribing a higher degree of protection or construction than provided by this rule shall govern.
R930-7-5. Application.
(1) This rule applies to
all utility facilities[privately, cooperatively, and publicly owned utility
companies, including utility companies owned by political
subdivisions, and shall include telecommunication, gas, oil,
petroleum, electricity, cable television, water, sewer, data and
video transmission lines, drainage and irrigation systems, and
other similar utilities to be located, accommodated, adjusted
or] relocated within, on, along, across, over, through, or
under the highway right of way. This rule does not apply to utility
facilities that are required for UDOT highway purposes. This rule
applies to underground, surface, or overhead facilities, either
singularly or in combination, including bridge attachments.
(2) This rule applies to
all highway projects[Federal-aid highway projects ]including local
government projects.[In compliance with 23 CFR 645.209(g) local governments are
required to enter into formal agreements with UDOT that provide for
a degree of protection to the highway at least equal to the
protection provided by this rule.]
R930-7-6. General Installation Requirements.
(1) General.
(a) Utility companies [with facilities directly serving the public
]desiring to use
the right of way under the jurisdiction of UDOT for the
installation or maintenance of any utility facility must be
licensed to do so by entering into a Statewide Utility License
Agreement
(SULA) with UDOT. This License Agreement sets forth the
procedures and conditions for the issuance of encroachment permits
for all installations statewide.
Utility [E]encroachment permits are not issued without an executed SULA.[License Agreement first being executed.] UDOT may
impose additional restrictions or requirements for [License Agreements]SULAs or
utility encroachment permits.
(b) Utility companies desiring to use the right of way to install Small Wireless Facilities shall also enter into a Non-Exclusive Installation and Occupancy Agreement with UDOT prior to the issuance of a permit.
([b]c) A permitted facility shall, if necessary, be modified by
the utility company to improve safety or facilitate alteration or
maintenance of the right of way as determined by UDOT.
[(c) Companies or entities that do not provide direct
utility service to the public are prohibited from installing or
constructing longitudinal facilities or site towers or poles within
the right-of-way by permit. UDOT will not issue any permits for
this type of facilities.]
(2) License Agreements or Statewide Utility License Agreements.
(a) Agreements are executed by UDOT and
utility companies to set forth the terms and conditions for the
accommodation and maintenance of utility facilities within the
right of way. A License Agreement is required for[,] but does not guarantee the approval of
encroachment permits.
(b) Companies who have facilities that are not defined as a Utility under Utah Code 72-6-116 or who's facilities serve the Company only, are required to enter into a non-Utility License Agreement with UDOT for crossings only and may not be installed longitudinally. The companies with this type of facilities are still required to comply with the requirements of this Rule.
([b]c) As part of executing a License Agreement with UDOT,
owners of facilities located in the right of way are required to
post a continuous bond in the amount of $100,000, naming UDOT as
the insured, to guarantee satisfactory performance. The Statewide
Railroad and Utilities Director[Utilities Engineer] may approve a lesser
amount.
([c]d)
Political Subdivisions are[A public utility is] exempt from the bond
requirements described in this section if the
political subdivision[public utility]:
(i) is a member of the
Utah Local Governments Trust[municipal insurance pool];
(ii) is
self-insured or[a political subdivision; or
(iii) at UDOT's option] carries liability
insurance with minimum coverage of $1,000,000 per occurrence and as
more specifically described in its License Agreement.
This option requires prior UDOT approval.
(e) For small canal companies that cannot obtain the required bond, UDOT may allow the canal to carry liability insurance with minimum coverage of $1,000,000 per occurrence and as more specifically described in its License Agreement. This option requires prior UDOT approval.
([d]f) Upon discovery of utility caused damage to the highway or
to the right of way, UDOT may opt to exercise its bonding rights in
recovering costs incurred to restore the highway or right of way.
The utility company is liable for all restoration costs incurred [as a result]because of damages caused by its utility, and its liability
is not limited to the amount of the bond.
([e]g) License agreements may be terminated at any time by
either party upon 30 days advance written notice to the other.
Permits previously issued and approved under a terminated agreement
are not affected and remain in effect on the same terms and
conditions set forth in the agreement and permits. The obligation
to maintain the $100,000 bond continues until the utility
company's facilities are removed from UDOT's right of
way.
(3) Emergency Work.
(a) In all emergency work situations, the
utility company or its representative shall contact UDOT
immediately and on the first business day shall contact UDOT to
complete a formal permit. Failure to contact UDOT for an emergency
work situation and obtain an encroachment permit within the stated
time [period is considered to be]is a violation of the terms and conditions of the utility
company's license agreement. At the discretion of the utility
company, emergency work may be performed by a bonded contractor,
public agency, or a utility company. None of the provisions of this
rule are waived for emergency work except for the requirement of a
prior permit.
(4) One Call Requirements.
(a) Underground facilities are not permitted within the right of way unless the utility company subscribes to Blue Stakes of Utah and other appropriate "call-before-you-dig" systems, or otherwise provides utility plans as detailed in Section R930-7-11(6)(a) of this rule.
(5) Preservation of New Pavement.
(a) Cuts or open excavations on newly constructed, paved, or overlaid highways are not allowed for two years. If an emergency cut or excavation occurs, the responsible utility company shall comply with any special conditions imposed by UDOT regarding restoration of the roadway.
(6) Encroachment Permits.
(a) Encroachment Permits on State Highways.
Utility companies shall obtain an encroachment permit from UDOT for the installation and maintenance of utility facilities on the right of way pursuant to R930-6-4. Encroachment permits are approved or disapproved by UDOT. Applications for encroachment permits are submitted to the Region Permits Officers by the utility company or its contractor. No utility company or utility company contractor shall begin any utility work on the right of way until an approved encroachment permit is issued by UDOT and the utility company is authorized to proceed in writing. Prior to the issuance of encroachment permits, fees are assessed to cover related costs incurred by UDOT including costs for planning, coordination, and utility plan review.
If the utility company expects work to significantly impact travel lane capacity, UDOT recommends the utility company contact the appropriate Region Permit Office to discuss concepts in advance of submitting an encroachment permit application.
Utility companies shall
electronically submit
a detailed plan of work[two sets of plans] depicting the proposed
installation. The plans shall be sized as required by UDOT and
include utility company identification, work location, utility type
and size, type of construction,
depth of bury, vertical and horizontal location of
facilities relative to the centerline of road, location of all
appurtenances, trench details, right of way limits, and traffic
control plans. Traffic control plans shall conform to the Utah
MUTCD as outlined in [Section]rule R930-7-7(1)(d), are mandatory for each instance of
utility construction or maintenance[,] and shall be attached to each permit
application.
Utility companies may authorize their
contractors to obtain permits on their behalf. All terms and
conditions set forth in the License Agreement apply. The utility
company's construction forces or the utility contractor shall
always carry a copy of the approved permit [at all times ]while working on the right of
way.
(b) Bonding and Liability Insurance Requirements.
(i) Individual (one-time use) Encroachment Permit Bonding Requirements. As authorized by Sub-section 72-7-102(3)(b)(i) this rule requires encroachment permit applicants to post a Performance and Warranty Bond, using UDOT's approved bond form, for a period of three years from the date of beginning of utility construction work or two years from the end of utility construction work, whichever provides the longer period of coverage. A separate Performance and Warranty Bond is required for each individual encroachment permit. Political subdivisions of the state are not required to post a bond unless the political subdivision fails to meet the terms and conditions of previous permits issued as determined by UDOT. The amount of the bond is determined by the UDOT Region Permits Officer based on the scope of work being performed but will not be less than $10,000.
(ii) Statewide (multiple use) Encroachment Permit Bonding Option. In lieu of posting multiple individual one-time use bonds, encroachment permit applicants who routinely acquire encroachment permits may elect to post a statewide performance and warranty bond, using UDOT's approved bond form. A statewide bond satisfies bonding requirements for permitted utility construction work in all UDOT Regions. The bond amount is determined by UDOT but will not be less than $100,000. This statewide encroachment permit bond is in addition to the continuous bond for the License Agreement.
(iii) Inspection Bond. UDOT may require an additional inspection bond to ensure payment for UDOT field review and inspection costs before an encroachment permit is granted.
(iv) Proceeds Against the Bond. UDOT may proceed against the bond to recover all expenses incurred if payment is not received from the permit applicant within 45 calendar days of receiving an invoice. Upon discovery of utility caused damage to the highway or to the right of way, UDOT may opt to exercise its bonding rights in recovering costs incurred to restore the highway or right of way due to utility caused damages. Failure by the utility company to maintain a valid bond in the amounts required shall be cause for denying issuance of future permits and for the removal of the utility from the right of way.
(v) Liability Insurance Requirements.
Permit applicants are also required to provide a certificate of
liability insurance in the minimum amounts of $1,000,000 per
occurrence and $[2]3,000,000 in aggregate. Failure to meet this requirement
will result in application denial. Liability insurance coverage is
required throughout the life of the permit and cancellation will
result in permit revocation.
(vi) Information about bond forms and liability insurance requirements are available on UDOT's website at: http://www.udot.utah.gov/go/encroachmentpermit
(c) Assignment of Permits. Permits shall not be assigned without the prior written consent of UDOT. All assignees shall be required to execute a License Agreement.
(d) Indemnification. Permit holders
performing utility work on the right of way shall[, at all times,]
always indemnify, defend and hold harmless UDOT, its employees, and the
State of Utah from responsibility for any damage or liability
arising from their construction, maintenance, repair, or any other
related operation during the work or as a result of the work.
Permit holders shall also be responsible for the completion,
restoration, and maintenance of any excavation for a period of
three years unless UDOT requires a longer period of indemnification
due to specific or unique circumstances.
(e) Cancellation of Permits and
Termination of License Agreement. The following situations will
cause the cancellation of permits
, [and/or ]termination of the License Agreement, or both:
(i) A utility company's failure to maintain a valid bond in the amount required;
(ii) A utility company's failure to comply with the terms and conditions of the License Agreement;
(iii) A utility company's failure to comply with the requirements of the encroachment permit; and
(iv) A utility company's failure to pay any sum of money for costs incurred by UDOT in association with plan review application, installation or construction review, permit fees, inspection, as-built plan submittals, reconstruction, repair, or maintenance of the utility facilities, or any other costs associated with the Department's approved fee schedule.
When the permit is canceled, UDOT also may remove the facilities and restore the highway and right of way at the sole expense of the utility company. Prior to any cancellation, UDOT shall notify the utility company in writing, setting forth the violations, and will provide the utility company a reasonable time to correct the violations to the satisfaction of UDOT. UDOT may also not issue any further permits to utility companies that do not comply with this rule, permit requirements, or the Statewide License Agreement.
R930-7-7. General Design Requirements.
(1) General.
(a) Joint use of state right of way may
impact both the highway and the utility. Each utility company
requesting the use of right of way for the accommodation of its
facilities is responsible for the proper planning, engineering,
design, construction, and maintenance of
its facilities installed within the right of way[proposed installations]. The utility company shall
coordinate with UDOT and develop its projects to meet design
standards and to optimize safety, cost effectiveness, and
efficiency of operations for both the utility company and the
state. Utility companies are directed to the following AASHTO
publications for assistance:
(i) Roadside Design Guide;
(ii) A Policy on Geometric Design of Highways and Streets;
(iii) A Guide for Accommodating Utilities within Highway Right of Way; and
(iv) A Policy on the Accommodation of Utilities within Freeway Right of Way.
(b) [The utility company is responsible for the design,
construction, and maintenance of its facilities installed within
the right of way. ]All elements of [these]the utility facilities including materials used,
installation methods, and locations shall be subject to review and
approval by UDOT.
(c) Plans, Drawings and Specifications. The utility company shall provide UDOT with comprehensive plans, drawings and specifications as may be required for all proposed utility facilities within the right of way. Utility plan submittals shall contain physical features of the utility site including, but not limited to the following:
(i) highway route number;
(ii) highway mile post locations;
(iii) map with route and site location;
(iv) existing features such as manholes, structures, drainage facilities, other utilities, access controlled and right of way lines, center line of highway relative to the utility facility location, and relevant vertical information;
(v) plan and drawing scales; and
(vi) legend including definition of symbols used.
The plans, drawings, and specifications shall also contain administrative information, identification and type of materials to be used, relevant information on adjacent land classification and ownership, related permits and approvals if required, and identification of the responsible Engineer of Record.
(d) Traffic Control Plans. The utility company shall provide traffic control plans (TCP) that conform to the current Utah MUTCD and UDOT Traffic Control Standards and Specification.
(e) The utility company is responsible to ensure compliance with industry codes and standards, the conditions and special provisions specified in the permit, and applicable laws, rules and regulations of the State of Utah and the Code of Federal Regulations.
(f) All utility facility installations located in, on, along, across, over, through, or under the surface of the right of way, including attachments to highway structures, are the responsibility of the utility company and, as a minimum, shall meet the following utility industry and governmental requirements.
(i) Electric power and telecommunications facilities shall conform to the current applicable National Electric Safety Code.
(ii) Water, sewage and other effluent lines shall conform to the requirements of the American Public Works Association or the American Water Works Association.
(iii) Pressure pipelines shall conform to the current applicable sections of the standard code of pressure piping of the American National Standards Institute, 49 CFR 192, 193 and 195, and applicable industry codes.
(iv) Liquid petroleum pipelines shall conform to the current applicable recommended practice of the American Petroleum Institute for pipeline crossings under railroads and highways.
(v) Any pipelines carrying hazardous materials shall conform to the rules and regulations of the U.S. Department of Transportation governing the transmission of the materials.
(vi) Telecommunications with longitudinal installations within Interstate, Freeway and other Access Controlled Highway right of way shall conform to Utah Administrative Rule R907-64.
(2) Subsurface Utility Engineering.
(a) The use of Subsurface Utility Engineering (SUE) shall be required as an integral part of the design for new utility facility installations on the right of way when determined by UDOT to be warranted.
R930-7-8. Definitive Design Requirements.
(1) Location Requirements.
(a) Longitudinal Installations. The type of utility construction, vertical clearances, lateral location of poles and down guys, and related ground mounted utility facilities along roadways are factors of major importance in preserving a safe traffic environment, the appearance of the highway, and the efficiency and economy of highway construction and maintenance. Longitudinal utility facilities shall be located on a uniform alignment and as close to the right of way line as practicable. The joint use of pole lines is acceptable and encouraged; however, all installations shall be located so that all servicing may be performed with minimal traffic interference. The following additional requirements apply to longitudinal installations.
(i) Utility facilities shall be located [so as ]to minimize the need for future utility
relocations due to highway improvements, avoid risks to the
highway, and not adversely impact environmentally protected
areas.
(ii) The location of utility installations along urban streets with closely abutting structures such as buildings and signs generally requires special considerations. These considerations shall be resolved in a manner consistent with the prevailing limitations and as approved by UDOT.
(iii) The location of utility facilities and associated appurtenances shall be in accordance with the Americans with Disabilities Act.
(iv) The horizontal location of utility facilities and appurtenances within the right of way shall conform to the current edition of the AASHTO Roadside Design Guide.
(v) Adequate warning devices, barricades, and protective devices must be used to prevent traffic hazards. Where circumstances necessitate the excavation closer to the edge of pavement than established above, concrete barriers or other UDOT approved devices shall be installed for protection of traffic in accordance with UDOT Traffic Control Standards and UDOT's Supplemental Drawings.
(vi) There are greater restrictions on the
accommodation of utility facilities within interstate, freeway, and
other access[ ]- controlled highway right of way. See [Section]rule R930-7-10 for details.
(b) Overhead Installations.
(i) Minimal vertical clearances for installed overhead lines are 18 feet for crossings and longitudinal installations, and 23 feet for intersections. In addition, the vertical clearance for overhead lines above the highway and the vertical and lateral clearance from bridges and above ground UDOT facilities shall meet or exceed the current edition of the National Electrical Safety Code. Where overhead lines cross UDOT above ground facilities, including but not limited to signs, traffic signal heads, poles, and mast arms, vertical and lateral clearance shall meet OSHA working clearances for electrical lines in effect at the time of the installation which will accommodate maintenance work by UDOT personnel without having to discharge or shield the lines.
(ii) Utility companies planning to attach cable to other utility company poles shall obtain approval from the owner of the poles prior to a permit being issued by UDOT.
(iii) The utility facility shall conform to the current edition of the AASHTO Roadside Design Guide. Where there are existing curbed sections, utility facilities shall be located as far as practicable behind the face of curbs and, where feasible, behind sidewalks at locations that will not interfere with adjacent property use. In all cases there shall be a minimum of two feet clearance behind the face of the curb. All cases shall be resolved in a manner consistent with prevailing limitations and conditions.
(iv) Before locating a utility facility at other than the right of way line, consideration shall be given to designs using self-supporting, armless single pole construction, with vertical alignment of wires or cables, or other techniques permitted by government or industry codes that provide a safe traffic environment. Deviations from required clearances may be made where poles and guys can be shielded by existing traffic barriers or placed in areas that are inaccessible to vehicular traffic.
(v) Where irregular shaped portions of the right of way extend beyond or do not reach the normal right of way limits, variances in the location of utility facilities may be allowed to maintain a reasonably uniform alignment and thereby reduce the need for guys and anchors between poles and roadway.
(c) Subsurface Installations.
(i) Underground utilit[ies]y may be placed longitudinally outside of the pavement by
plowing or open trench method. Underground utilit[ies]y shall be located on a uniform alignment and as near as
practicable to the right of [-]way line to provide a safe environment for
traffic operations, preserve the integrity of the highway, and
preserve space for future highway improvements or other utility
facility installations. The allowable distance from the right of
way line will generally depend upon the terrain and obstructions
such as trees and other existing underground and overhead objects.
On highways with frontage roads, longitudinal installations shall
be located between the frontage roads and the right of way lines.
Utility companies shall include the placement of markers referenced
in [Section]rule R930-7-11(5).
(ii) Unless UDOT grants a deviation,
underground utility installations across existing roadways shall be
performed by trenchless method in accordance with UDOT requirements
and casings may be required.
Bore [P]pits shall be located outside of the clear zone and at least
30 feet from the edge of the nearest through traffic lane and at
least 20 feet from the edge of pavement on ramps. On low traffic
roadways and frontage roads, as determined by UDOT, bore pits shall
be at least ten feet from the edge of pavement, five feet beyond
toe of slope under fill sections and at least five feet from the
face of curb and meet clear zone requirements from the edge of the
traveled way whichever is greater. Bore pits shall be located and
constructed [so as ]to eliminate interference with highway
structural footings. Shoring shall be used where necessary.
TABLE 1
Bore Pit Locations
Bore Pit Set Back Outside Clear Zone
At least ten feet from the edge At least 30 feet from the
of pavement, five feet beyond edge of the nearest through
toe of slope under fill sections traffic lane and at least 20
and at least five feet from the feet from the edge of
face of curb pavement on ramps.
(iii) The depth of bury for all [utility ]facilities under pavement, sidewalk, drainage features or existing ground surface
shall
meet the[be a] minimum
requirements outlined in Table 2 or the Company shall install
its facilities to the depth requirement stated in each individual
permit.[of four feet below the top of pavement or existing grade
including open drainage features. Where utility facilities are
installed within 20 feet from the edge of pavement, the depth of
bury shall be a minimum of five feet below top of grade so as to
allow for installation of UDOT signs or delineators. Utility
facilities under sidewalks shall be installed a minimum of three
feet below the top of sidewalk.
(iv) Utility facilities installed greater than 20 feet from
the edge of pavement shall be installed a minimum depth of three
feet below grade. Specific types of facilities such as high
pressure gas lines or petroleum lines may require additional
cover.]
(
iv) All underground utilit[ies]y installed in the right of way must meet the minimum
standards for compaction as outlined in the current edition of the
UDOT Standards and Specifications for Road and Bridge
Construction.
(v[i]) Where minimum depth of bury is not feasible,
the facility shall be rerouted or, if permitted by UDOT,
through the deviation process outlined in R930-7-13, shall
be protected with a casing, encasement, concrete slab, or other
suitable protective measures.
TABLE 2
[SUMMARY OFUDOTDEFINITIVEUTILITYREQUIREMENTS]
MINIMUM DEPTH OF BURY (Cover) For Underground Utility Facilities* [LongitudinalandCrossingInstallationsAllundergroundutilities(casedanduncased)UnderUnderUnderLessthanGreaterthanPavementSidewalksDitch20ft.20ft.Surfacefromedgefromedge
ofpavementofpavementMin.ofMin.ofMin.ofMin.offiveMin.ofthreefourft.threeft.threeft.ft.belowft.belowbelow topbelowtopbelowlownaturalnaturalofpavementofsidewalkpointofgradegrade
ditch] Location Under Under Unde Utility Utility Pavement Sidewalk Ditch Location Location Less Than Greater Than 20 ft. From 20 ft. From Edge of Edge of Pavement Pavement Minimum 4 ft. 3 ft. 3 ft. 5 ft. 3 ft.** Depth Measured Top of Top of Low point Ground Ground From Pavement Sidewalk of Ditch Surface Surface Measured Top of Utility Facility or Utility Buffer Zone (if required To by Utility Company) * Applies to longitudinal and crossing installations, cased and uncased. ** Specific types of facilities such as high pressure gas lines may require additional cover.
(d) Crossings.
(i) Utility crossings shall be at 90 degrees unless a deviation from this rule is approved by UDOT through the deviation process outlined in R930-7-13. Crossing installations under paved surfaces shall be by trenchless methods. Jetting by means of water or compressed air is not permitted.
(ii) Utility crossings shall be avoided in deep roadway cuts, near bridge footings, near retaining and noise walls, at highway cross drains where flow of water may be obstructed, in wet or rocky terrain where it is difficult to attain minimum cover, and through slopes under structures.
(e) Median Installations.
(i) Overhead utility facilities such as poles, guys, or other related facilities shall not be located in highway medians. Deviations may be considered for crossings where wide medians provide for sufficient space to meet clear zone requirements from the edges of the travelled ways.
(f) Appurtenances.
(i) Utility appurtenances shall be located outside the clear zone and as close to the right of way line as practicable. Where these requirements cannot be met , and no feasible alternative exists, a deviation to locate appurtenances within the clear zone in areas that are shielded by traffic barriers may be considered after the utility company provides written justification for such location for UDOT review through the deviation process outline in R930-7-13. Cabinets, regulator stations, and other similar utility components shall not be located on the right of way unless they are determined by UDOT to be sufficiently small to allow a deviation.
(ii) Manholes, valve pits, and similar appurtenances shall be installed so that their uppermost surfaces are flush with the adjacent undisturbed surface.
(iii) Utility access points and valve
covers shall be located outside the roadway where practicable. In
urbanized areas where no feasible alternative
exists,[to locating utility access points and valve covers outside
of the roadway exists,] the utility company must
coordinate with UDOT to meet safety, operational, and maintenance
requirements of both the utility company and UDOT.
(iv) Utility companies shall avoid placing
manholes in the pavement of high speed and high[ ]-volume highways. Deviations may be considered after written
justification for such location is submitted by the utility company
and reviewed and approved by UDOT
through the deviation process outline in R930-7-13. New
manhole installations shall be avoided at highway intersections and
within the wheel path of traffic lanes.
(v) Vents, drains, markers, utility access holes, shafts, shut-offs, cross-connect boxes, pedestals, pad-mounted devices, and similar appurtenances shall be located along or across highway rights of way in accordance with the provisions of the Americans With Disabilities Act.
(2) Environmental Compliance.
(a) The utility company shall comply with
all applicable state and federal environmental laws and
regulations[,] and shall obtain necessary permits.
Environmental requirements include but are not limited to the
following[.]:
(i) Water Quality. A "Storm Water General Permit for Construction Activities" is required from the Utah Division of Water Quality for disturbances of one or more acres of ground surface.
(ii) Wetlands and Other Waters of the U.S. A "Section 404 Permit" is required from the U.S. Army Corps of Engineers for any impact to a wetland or water of the U.S.
(iii) Threatened or Endangered (T and E) Species. Comply with the Endangered Species Act; avoid impacts to T and E species or obtain a Permit from the U. S. Fish and Wildlife Service.
(iv) Historic and Archaeological Resources. Comply with the "National Historic Preservation Act"; avoid impacts to historic and archaeological resources. If resources could be impacted, contact the Utah State Historic Preservation Office.
(b) The utility company is responsible for environmental impacts and violations resulting from construction activities performed by the utility company or its contractors.
(c) If UDOT discovers or is made aware of a violation by the utility company or a failure to comply with state and federal environmental laws, regulations and permits, UDOT may revoke the permit, notify appropriate agencies, or both.
(3) Installation of Utilities in Scenic Areas.
(a) The type, size, design, and construction of utility facilities in areas of natural beauty shall not materially alter the scenic quality, appearance, and views from the highway or roadsides. These areas include scenic strips, overlooks, rest areas, recreation areas, adjacent rights of way and highways passing through public parks, recreation areas, wildlife and waterfowl refuges, and historic sites. Utility installations in these areas shall not be permitted. Deviation from this requirement may be allowed if there is no reasonable or feasible alternative as determined by UDOT based on written justification submitted by the utility company through the deviation process outlined in R930-7-13. On Federal-aid highways, all decisions related to utility installations within these areas shall be subject to the provisions detailed in 23 CFR Section 645.209(h).
(i) New underground utility installations may be permitted within scenic strips, overlooks, scenic areas, or in the adjacent rights of way, when they do not require extensive removal, or alteration of trees, and other shrubbery visible to the highway user, or do not impair the scenic appearance of the area.
(ii) New overhead installations of telecommunication and electric power lines are not permitted in such locations unless there is no feasible and reasonable alternative as determined by UDOT through the deviation process outlined in R930-7-13. Overhead installations shall be justified to UDOT by demonstrating that other locations are not available and that underground facilities are not technically feasible, economical or are more detrimental to the scenic appearance of the area.
Any installation of overhead facilities shall be made at a location and in a manner that will not detract from the scenic quality of the area being traversed. The installation shall utilize a suitable design and use materials aesthetically compatible to the scenic area, as approved by UDOT.
(4) Casing and Encasement Requirements.
(a) General. A carrier pipe is sometimes installed inside of a larger diameter pipe defined as a casing. Casings are typically used to provide complete independence of the carrier pipe from the surrounding roadway structure, and to provide adequate protection to the roadway from leakage of a carrier pipeline. It also provides a means for insertion and replacement of carriers without access or disturbance to through-traffic roadways.
(b) Casing requirements for crossing installations.
(i) All pipelines under pressure crossing under the roadbed of highways shall be in casings unless the pipeline is welded steel, meets industry corrosion protection standards, complies with federal and state requirements, and meets accepted industry standards regarding wall thickness and operating stress levels. In some cases , UDOT may require a casing regardless of these exceptions if needed to protect the roadway, maintain public safety, or both.
(ii) In urban areas where space is limited
for venting or where small pipelines are crossing, specifically
intermediate high[ ]-pressure lines, deviations for casing may be granted by
UDOT.
(iii) Where a casing is required, it must
be provided under medians, from top of back-slope to top of
back-slope for cut sections, five feet beyond toe of slope under
fill sections, five feet beyond face of curb in urban sections and
all side streets, and five feet beyond any structure where the line
passes under or through the structure. Deviations, outlined in R930-7-13, must be approved by UDOT. On
freeways, expressways, and other access[ ]-controlled highways, casings shall extend to the access
control lines.
(iv) Utility installations by trenchless
technologies, such as jacking, boring, or horizontal directional
drilling methods, may be placed under highways without a casing
pipe if approved by a UDOT
through the deviation process outlined in R930-7-13[representative].
(v) Where minimum depth of bury is not feasible, the facility shall be rerouted or protected with a casing, concrete slab, or other suitable measures as determined by UDOT through the deviation process outlined in R930-7-13.
(c) Casings shall be considered for the following conditions:
(i) as an expedient[cy]
method for[in] the insertion, removal, replacement, or
maintenance of carrier pipe crossings of freeways, expressways, and
other access[]
-controlled highways, and at other locations where it is
necessary to avoid
open trenched construction;
(ii) as protection for carrier pipe from external loads or shock either during or after construction of the highway; and
(iii) as a means of conveying leaking fluids or gases away from the area directly beneath the roadway to a point of venting at or near the right of way line, or to a point of drainage in the highway ditch or a natural drainage way.
(d) UDOT may require casings for pressurized carriers or carriers of a flammable, corrosive, expansive, energized, or unstable material.
(e) Trenchless installations of coated carrier pipes shall be cased. Permission to deviate from this requirement may be granted where assurance is provided against damage to the protective coating.
(f) Encasement or other suitable protections shall be considered for pipelines with less than minimum cover, such as those near bridge footings or other highway structures, or across unstable or subsiding ground, or near other locations where hazardous conditions may exist.
(g) Rigid encasement or suitable bridging
shall be used where support of pavement structure may be impaired
by depression of flexible carrier pipe. Casings shall be designed
to support the load of the highway and superimposed loads thereon
and, as a minimum, shall be equal to or exceed the structural
requirements of UDOT highway culverts in the UDOT
Structures Design and Detailing Manual (SDDM)[Bridge Design Manual].
(h) Casings shall be sealed at the ends using suitable material to prevent water and debris from entering the annular space between the casing and the carrier. Such installations shall include necessary appurtenances, such as vents and markers.
(5) Mechanical and Other Protective Measures for Uncased Installation.
(a) When highway pipeline crossings are
installed without casings or encasement, the following are [suggested ]controls for providing mechanical or
other protection.
(i) The carrier pipe shall conform to utility material and design requirements and utility industry and government codes and standards. The carrier pipe shall be designed to support the load of the highway plus superimposed loads operating under all ranges of pressure from maximum internal to zero pressure. Such installations shall use a higher factor of safety in the design, construction, and testing than would normally be required for cased construction.
(ii) Suitable bridging, concrete slabs, or other appropriate measures shall be used to protect existing uncased pipelines which may be vulnerable to damage from construction or maintenance operations. Construction or maintenance activities shall not proceed until protective measures are approved by UDOT.
(b) Uncased crossings of welded steel pipelines carrying flammable, corrosive, expansive, energized, or unstable materials may be permitted if additional protective measures are taken in lieu of encasement. Such measures shall use a higher factor of safety in the design, construction, and testing of the uncased carrier pipe, including thicker wall pipe, radiograph testing of welds, hydrostatic testing, coating and wrapping, and cathodic protection.
R930-7-9. Utilities on Highway Structures.
(1) General.
(a) The installation of utility facilities
on highway structures can adversely impact the integrity and
capacity of the structure, the safe operation of traffic,
maintenance efficiency,
complexity to perform needed structure rehabilitation or
replacement of the structure, and the aesthetic appeal of the
structure. Utility facilities shall not be installed on highway
structures except in extreme cases. When installation of utilities
at an alternate location exceeds the cost of attaching to the
structure by four times, UDOT will consider such an installation
as described in paragraph (2) of this section, R930-7-9.[The utility company shall submit documentation requesting
installation on highway structures to the UDOT Structures Division
for review and approval. Attachment of a utility facility will only
be considered if the structure is adequate to support the
additional load. This adequacy must be verified by a load rating
completed by the utility company following UDOT's Load Rating
Policies and Procedures, submitted to UDOT along with the necessary
documentation including calculations and a load rating
model.]
(b) Installing utility facilities within 50 feet of structures may impact the design, installation, operation, maintenance and safety of the structures, and the utility facilities. Utility companies shall address potential impacts when projects are proposed to ensure compatibility between utility facilities and UDOT structures and to assure all relevant utility industry codes and UDOT structural requirements are adequately addressed.
(2) Installation on Highway Structures.
(a) The utility company shall submit documentation requesting installation on a highway structure to UDOT through UDOT's permitting system for review and possible approval.
(b) Attachment of a utility facility will only be considered if the structure is adequate to support the additional load and can accommodate the utility without compromising highway features. This adequacy must be verified by a load rating completed by the utility company in accordance with the current versions of the UDOT Structures Design and Detailing Manual and UDOT Bridge Management Manual including calculations.
(c) If UDOT allows a [structure]utility installation
on a highway structure, it shall be at a location and of a
design
approved by UDOT.[subject to review and approval by UDOT's Structures
Department. Utility installations on structures shall not be
considered unless the structure is of a design that is adequate to
support the additional load and can accommodate the utility without
compromising highway features.] In addition, the utility
installation
on a highway structure shall be subject to the following
requirements[.]:
(i) Due to variations in highway structure designs, site-specific conditions, and other considerations, there is no standardized method by which utilities are installed on structures. Therefore, each proposed installation shall be considered on its individual merits and shall be individually designed for the specific structure.
(ii) Where installations of pipelines
carrying hazardous materials are allowed, the pipeline shall be
cased. The casing shall be open or vented at each end [so as ]to prevent possible build-up of pressure
and to detect leakage. Where located near streams, casings shall be
designed and installed so that leakage does not compromise the
stream. If a deviation
from this Rule, R930-7, is allowed for no casing, additional
protective measures shall be used including higher standards for
design, safety, construction and testing of the pipeline than would
normally be required for cased construction.
(iii) All pipeline installations carrying gas or liquid under pressure which by their nature may cause damage or injury if leaked, shall be installed with emergency shutoff valves. Such valves shall be placed within an effective distance on each side of the structure, as approved by UDOT, and shall be automatic if required by UDOT.
(iv) Utility installations on highway structures shall not reduce vertical clearances above rivers, streams, roadway surfaces or rails. Installations should be designed to occupy a position beneath the deck in an interior bay of a girder or beam, or within a cell of a box girder bridge. Installations shall always be above the bottom of girders on a girder bridge or above the bottom of the bottom cord of a truss bridge. Utility installations outside of a bridge structure are unsightly and susceptible to damage and will only be approved by UDOT if there is no reasonable alternative.
(v) All utility facilities installed on
highway structures shall be constructed of durable materials,
designed with a long[ ]-life expectancy, and must be installed in a manner that
will minimize routine servicing and maintenance.
(vi) Utility facility mountings shall be of sufficient strength to carry the weight of the utility and shall be of a design and type that will not rattle or loosen due to vibrations caused by vehicular traffic. Acceptable utility installation methods are hangers or roller assemblies suspended either from inserts from the underside of the bridge floor or from hanger rods clamped to the flange of a superstructure member. Bolting through the bridge floor is not permitted. Where there are transverse floor beams sufficiently removed from the underside of the deck, the utility placement shall allow adequate clearance to enable full inspection of both the deck and the utility line. UDOT may consider a proposal to support the utility line on top of the floor beams.
(vii) [Communication]Telecommunication and electric power line installations
shall be suitably insulated, grounded, and preferably carried in
protective conduit or pipe from the point of exit from the ground
to re-entry. Cable shall be carried to a manhole located beyond the
back-wall of the structure. Access manholes are not allowed in a
bridge deck.
(viii) Utility installations shall provide for lineal expansion and contraction due to temperature variations in conjunction with bridge movement.
(ix) All utility facility clearances from structure members must conform to all governing codes and shall not render any portion of the structure inaccessible for maintenance purposes.
(x) The utility company shall be responsible for restoration or repair of any portion of a structure or highway damaged by utility facility installation , maintenance or use.
(xi) The expansion of an existing utility facility carried by an existing structure may be permitted if the expansion does not adversely impact the performance and load carrying capacity of the structure and otherwise complies with this rule.
(xii) All components of the utility attachment shall be protected from corrosion. Steel components shall be stainless, galvanized or painted in accordance with the current UDOT Standard Specifications for Highway and Bridge Construction.
(3) Utility Company Responsibilities.
(a) It is the responsibility of the
utility company to obtain approval
from UDOT for a highway structure installation. The utility
company shall
know[ascertain the extent of] UDOT's requirements
prior to initiating the design for installation. A Utah registered
Professional or Structural Engineer shall be responsible for the
design if the installation is allowed. The utility company must
prepare and submit complete design documents showing all details of
the proposed
highway structure installation[work]. These documents shall include plans,
calculations, updated load rating with a Virtis load rating model,
the permit application, and any other necessary information. The
utility company shall be responsible for protecting, maintaining or
relocating its utility installation, including the arrangement of
service interruptions, to accommodate future UDOT structure
work.
(b) All materials incorporated in the design must be certifiable for quality and strength and full specifications must be provided in support of the design.
(c) Adequate written justification must support the need for installing the utility facility on the structure and demonstrate that there is no viable cost-effective alternative.
(d)
Design documents are required to meet requirements of the
current versions of the AASHTO LRFD Bridge Design Specifications
and UDOT Structures Design and Detailing Manual.[All components of the utility attachment shall be protected
from corrosion. Steel components shall be stainless, galvanized or
painted in accordance with the current UDOT Standard Specifications
for Highway and Bridge Construction.]
R930-7-10. Utilities within Interstate, Freeway and Access
Controlled [Right-of-Way]Right of Way.
(1) General Provisions. There are two basic types of access control.
No Access --
provides access only at interchanges[does not allow access to the through-traffic lanes except
at interchanges]. Crossings at grade and direct driveway
connections are prohibited. Access is controlled by fencing. This
is typical of interstates and freeways.
Limited Access - provides access to selected roads. There may be some crossings at grade and some private driveway connections. This is typical of expressways and certain other highways.
(2) Factors UDOT may consider for allowing Utility accommodation within access controlled right of way include distance between distribution points, terrain, cost, and prior existence.
(3) Longitudinal telecommunication installations may be allowed under Rule R907-64 and Utah Code Section 72-7-108.
(4) Pursuant to FHWA regulations, UDOT may allow longitudinal accommodation of utility facilities but with greater restrictions within no access and limited access highway right of way as follows:
(a) [No access: l]Longitudinal installations [on highways ]within no access
highway right of way are not permitted except in cases where
no other feasible location exists and under strictly controlled
circumstances. FHWA approval is required for installations on
interstate [facilities]roadways. Longitudinal telecommunication facilities are
allowed pursuant to Utah Code Section 72-7-108
.[; and]
(b) [Limited Access: l]Longitudinal installations [on highways ]within limited access
highway right of way are generally not permitted.
(5) Utility facilities [are allowed to]may cross no access and limited access highway [right-of-way]right of way but with additional requirements as noted below
in S
ubsection R930-7-10(7).
(6) Longitudinal Utility Facilities.
(a) In addition to the requirements in Subsection R930-7-8(1)(a), the following requirements apply[.]:
(i) Service connections are not permitted within no access highway right of way. Service connections are not permitted within limited access highway right of way unless no reasonable alternative exists as demonstrated by the utility company and as reviewed and approved by UDOT through the deviation process outlined in R930-7-13.
(ii) Service, maintenance, and operation of utilities installed along and within no access highway right of way may not be conducted from the through-traffic roadways or ramps. All maintenance activities must be accessed from a point approved by UDOT and FHWA.
(iii) An existing utility facility within
the right of way acquired for an interstate, freeway, or access[ ]-controlled highway project may remain if it can be
serviced, maintained, and operated without access from the
through-traffic roadways or ramps, and it does not adversely affect
the safety, design, construction, operation, maintenance, or
stability of the interstate, freeway, or access[ ]-controlled highway. Otherwise, it shall be relocated.
(iv) Where approval for installation is
permitted, utility installations and related components shall be
buried parallel to the interstate, freeway, or access[ ]-controlled highway and shall be located within five feet of
the outer most right of way limits. Utility appurtenances shall be
located as close as possible to the right of way line.
(v) An existing utility carried on an interstate, freeway, or access[]-controlled highway structure crossing a major valley or river may be permitted by UDOT to continue to be carried at the time the route is improved if the utility facility is serviced without interference to the traveling public.
(7) Utility Crossings.
(a) In addition to the requirements in Subsection R930-7-8(1)(d), the following requirements apply.
(i) A utility following a crossroad or
street which is carried over or under an interstate, freeway, or
access[ ]-controlled highway must cross the interstate, freeway, or
access[]-controlled highway at the location of the crossroad or
street in such a manner that the utility can be serviced without
access from the through-traffic roadways or ramps.
(ii) Overhead utility lines crossing an
interstate, freeway, or access[]
-controlled highway shall be adjusted so that supporting
structures are located outside access control lines. In no case
shall the supporting poles be placed within the clear zone. Where
required for support, intermediate supporting poles may be placed
in medians of sufficient width that provide the clear zone from the
edges of both travelled ways. If additional lanes are planned, the
clear zone shall be determined from the ultimate edges of the
travelled way. When right of way lines and access control lines are
not the same, such as when frontage roads are provided, supporting
poles may be [located ]in the area between them.
(iii) At interchange areas, supports for overhead utility facilities will be permitted only if located beyond the clear zone of traffic lanes or ramps, sight distance is not impaired, and can be safely accessed.
(iv) Manholes and other points of access
to underground utilities may be permitted within the right of way
of an interstate, freeway, or access[]-controlled highway if they can be serviced or maintained
without access from the through-traffic roadways or ramps. When
right of way lines and access control lines are not the same, such
as when frontage roads are provided, manholes and other points of
access may be [located ]in the area between them.
(v) Where a casing is not otherwise
required, it shall be considered as expedient in the insertion,
removal, replacement, or maintenance of carrier pipes crossing
interstate, freeways, or access[ ]-controlled highways. Casings shall extend to the access
control lines. See Subsection R930-7-8(4).
(8) Longitudinal Telecommunications Installation.
(a) Installation must comply with R907-64.
(9) Wireless Telecommunications Facilities.
(a) Facilities must comply with R907-64.
R930-7-11. Utility Construction and Inspection.
(1) General Provisions.
(a) The method used for utility construction work is generally determined by local conditions. The location, terrain, obstructions, soil conditions, topography, and UDOT standards to maintain the integrity and safety of the right of way and roadway are important considerations for the proper placing of utilities. Familiarity and compliance with this rule will facilitate the construction process for utility companies.
(b) UDOT may perform routine inspection of utility construction work to monitor compliance with the license agreement, encroachment permit and with state and federal regulations. A permit may be revoked for cause if a utility company or contractor is not complying with the terms and limitations of the permit which will require a new permit at the contractor's expense to proceed with the utility construction work.
(c) Costs associated with the inspection are the responsibility of the utility company. Failure to pay inspection invoices issued by UDOT may result in revocation of the permit and may require the posting of an inspection bond on future permit applications.
(2) Utility Construction and Maintenance.
(a)
The utility company shall not begin any utility construction
work on UDOT right of way until the permit is issued and notice to
proceed is given to the utility company by UDOT. After notice to
proceed is received, the utility company shall complete
construction in accordance with UDOT requirements.[No utility construction work by a utility company or a
utility company's contractor may begin until a written
encroachment permit has been issued to the utility company by
UDOT.]
(b) Traffic control for utility construction and maintenance operations shall conform to UDOT's current accepted Utah MUTCD or UDOT Traffic Control Plans, whichever is more restrictive. All utility construction and maintenance operations shall be planned to keep interference with traffic to an absolute minimum. On heavily traveled highways, utility operations interfering with traffic shall not be conducted during periods of peak traffic flow. This work shall be planned so that closures of intersecting streets, road approaches, or other access points are held to a minimum.
(c) [The utility company shall not begin any work on UDOT right
of way until the permit is issued and notice to proceed is given to
the utility company by UDOT. After notice to proceed is received,
the utility company shall complete construction in accordance with
UDOT requirements.
(d) ]When [highway ]utility construction
work[or maintenance activities] involve
s existing underground utility facilities,
the utility company or
Utility contractor shall comply with
Utah Code Title 54, Chapter 8a, Damage to Underground
Utility Facilities.
([e]d) Utility
construction work shall be completed within the number of
days specified in the approved permit. When the
Utility construction work is not completed within the
specified time UDOT has the option of extending the time or
revoking the permit and acting on the appropriate bond to pay for
completion of the
Utility construction work. All time extensions granted by
UDOT shall be in writing.
([f]e) Disturbance of areas within highway [right-of-way]right of way during utility construction
work shall be kept to a minimum and all right of way shall
be restored to the satisfaction of UDOT. All utility construction
work methods used within the highway right of way shall be
performed in accordance with current Standard Specifications for
Highway and Bridge Construction, UDOT Permit Excavation Handbook,
the provisions of this rule, and encroachment permit requirements.
Unsatisfactory
utility construction work, as determined by UDOT's
inspector, shall promptly be corrected to comply with appropriate
standards and specifications. UDOT may issue written notification
that identifies the deficiencies and the [period of ]time to cure or correct the
deficiencies. If the restoration is not performed within the
specified time, UDOT may perform or have performed the corrective
work and the utility company shall be responsible for all costs
incurred.
(g) The utility company shall avoid disturbing or damaging existing highway drainage facilities and is responsible for repairs, including restoration of ditch flow lines. Wherever necessary, the utility company shall provide drainage away from its own facilities to avoid damage to the highway.
(h) The utility company is prohibited from spraying, cutting or trimming trees or other landscape elements unless specific written permission is obtained from UDOT. The approval of an encroachment permit does not include approval of such work unless the cutting, spraying, and trimming is clearly indicated on the permit application. In general, when permission is given, only light trimming will be permitted. When tree removal is approved, the stump shall be removed , and the hole properly backfilled to natural ground density or restored as otherwise approved by UDOT. The work site shall be left clean and trash free. All debris shall be removed. Reseeding shall be performed in accordance with UDOT's approved schedule.
(i) UDOT may require that any abandoned utility pipe or conduit be removed, capped, or filled with an appropriate material acceptable to UDOT.
(j) All utility facilities located
within the highway[on] rights of way shall be adequately maintained.
Any physical modifications, relocations, additions, excavations, or
impedance of traffic within the
highway right of way shall require the submittal of a new
encroachment permit application. No
Utility construction work may begin until the new
encroachment permit is approved.
(k) Restoration of the highway right of
way disturbed by excavation, grading work, or other activities
shall include reseeding and restoration of existing landscaping.
All areas which are denuded of vegetation [as a result]because of construction or maintenance shall be reseeded
, which is subject to inspection and acceptance by UDOT.
(3) Open Trench Construction Traversing Highways.
(a) Open trench utility installations are not permitted unless an acceptable trenchless method is unfeasible such as in unsuitable soil conditions or extremely difficult rock. UDOT may also grant a deviation from requiring trenchless construction where older pavement is severely deteriorated.
(b) Open trench construction on highway[s]
rights of way is limited to areas where traffic impacts are
minimal. Any pavement structure broken, disturbed, cut or otherwise
damaged in any way shall be removed and replaced to a design equal
to or greater than the surrounding undisturbed pavement structure,
or as otherwise determined by UDOT.
(c) For open trench installations, the
utility company is responsible for the restoration and maintenance
of the pavement structure for three years as outlined in Section
R930-7-6(6)(b), unless a deviation
from this rule as outlined in R930-7-13 is granted by UDOT.
When the utility company or its contractor performing the
Utility construction work is not equipped, [to ]or fails to properly repair the damage to the
pavement structure, UDOT will repair the damage and bill the
utility company for the actual costs incurred, including any
administrative costs. All pavement restoration work performed by
the utility company shall be completed within 48 hours after
completion of the excavation and backfill.
(d) All open trench utility installations shall conform to the applicable provisions of the current UDOT Standard Specifications for Road and Bridge Construction.
(e) It is the utility company's responsibility to restore the structural integrity of the road bed, secure the utility facility against deformation and leakage, assure that the utility trench does not become a drainage channel, and that the backfilled trench doesn't impede or alter road drainage.
(f) Trenches shall be cut to have vertical faces. Maximum width shall be two feet or the outside diameter of the pipe plus one and one-half feet on each side. All trenches shall be shored where necessary and shall meet OSHA requirements.
(g) Bedding shall be provided to a depth of one-half the diameter of the pipe and shall consist of granular material, free from rocks, lumps, clods, cobbles, or frozen materials, and shall be graded to a firm surface without abrupt change in bearing value. Unstable soils and rock ledges shall be sub-excavated from beneath the bedding zone and replaced with suitable granular material.
(h) Backfill shall meet the current UDOT Standard Specification 02056 Embankment, Borrow and Backfill and 03575 Flowable Fill. Additional specifications may be required by UDOT.
(i) Pavement replacement may be performed by either the utility company or a contractor engaged by the utility company. The Region Permits Officer will determine pavement replacement requirements. The utility company is liable for three years from the date of completion of the pavement replacement for the cost of repairs if the backfill subsides or the patched pavement fails.
(j) Where a utility company fails to properly repair any damage to the pavement structure, UDOT may repair the damage and the costs, including administrative costs, will be the responsibility of the utility company.
(4) Trenchless Utility Construction.
(a) Trenchless utility installations are required for all utility crossings of highways or roadways, where practicable. This construction method is required to avoid disturbing the pavement surface, particularly where underground utilities exist on major highways, expressways, or freeways. Only UDOT approved methods may be used to install a utility facility under a highway.
(b) All trenchless pipeline installations shall extend under and across the entire roadway prism to a point five feet beyond the toes of the fore-slopes, borrow ditch bottom, or across the access controlled right of way lines, but never less than 15 feet from the edge of pavement or a ramp.
(c) Water jetting or tunneling may not be used. Water-assisted or wet boring may be permitted if the utility company can demonstrate to UDOT through the deviation process outlined in R930-7-13 that the operation will not adversely impact the roadway and sub-grade.
(d) The size of a trenchless operation
shall be restricted to the minimum size necessary for the [utility]pipeline installation and shall not exceed the [utility facility]pipeline diameter by more than 5% unless otherwise required
based on equipment and product manufacturer's specifications.
Grout or flowable fill backfill shall be used for carriers or
casings and for over-breaks, unused holes or abandoned carriers or
casings. The composition of the grout shall be cement mortar, a
slurry of fine sand or other fine granular materials.
(e) Portals including surface openings and
bore pits shall be established safely beyond the highway surface
and the clear zone [so as ]to avoid impairing the roadway during
installation of the pipeline.
(f) Where a bulkhead seals the pipeline portal, the portal shall be suitably offset from the surfaced area of the highway. Shoring and bulkheading shall conform to applicable federal, state, and local jurisdiction construction and safety standards. Where a bulkhead is not installed in the pipeline, the portal shall be offset no less than the vertical difference in elevation between the surfaced area of the highway and the bottom of the bore pit.
(g) The utility company shall follow manufacturer's guidelines and industry standards for equipment set-up and operation. The utility company shall assess soil conditions to determine the most appropriate installation technique. Subsurface bore paths shall be tracked and recorded by the utility company, and all failed bores shall be appropriately abandoned and backfilled by the utility company.
(h) Drilling fluids shall be prepared and
used according to fluid and drilling equipment manufacturer's
guidelines. The utility company shall use fluid containment pits at
both bore entry and exits points[,] and shall use appropriate operational controls
so as to avoid heaving or loss of drilling fluids from the bore.
Antifreeze additives shall be non-toxic and biodegradable
products.
(i) The utility company shall dispose of drilling fluids and other materials in permitted facilities that accept the types of chemicals and wastes used in the trenchless operations.
(5) Utility Markers.
(a) The location of utility facilities
within highway right of way presents certain risks to construction
and maintenance activities, construction personnel, and to the
facility itself when work in and around the area of the utility
facility is in progress. To minimize risk and maximize safety, it
is the utility company's responsibility to provide
identification markers and tracer wire [or detectable warning tape ]for all buried
facilities located within the
highway right of way.
(b) A trace wire, metallic tape, or other
accepted industry material approved by UDOT for locating utilities
with geophysical equipment shall be properly installed with all
non-metallic underground [lines]utility facilities.
(c) The utility company shall place
permanent markers identifying the location of underground utility
facilities, whether they are crossing the highway
right of way or installed longitudinally along the highway
right of way. Markers shall not interfere with highway
safety and maintenance operations. Preferably, markers
shall be[are to be] located at the right of way line if
that location will provide adequate warning. The telephone number
for one-call notification services to request marking the line
location prior to excavation, and for emergency response, shall
appear on the marker.
(d) The utility company shall maintain its markers in good condition. Color faded markers shall be replaced as necessary so that their visibility to maintenance crews and others is not impaired.
(6) GPS Requirements.
(a) It is the responsibility of the utility company to produce and maintain a set of certified reproducible plans and an electronic file showing the location of all its utility facilities within the highway right of way including overhead facilities and crossing points. The utility company is responsible to maintain an accurate file to be used by UDOT for future planning to avoid utility conflicts. These plans shall also include appropriate vertical and horizontal ties to the highway survey control.
(b) For new and relocated facility installations, the utility company shall use a survey grade Global Positioning System (GPS) to survey their facility locations and submit an electronic file to UDOT. Specific requirements for survey data will be determined by UDOT. The location survey points shall include major junction points, manholes, valves, changes in line or grade, and any other significant feature that will facilitate installation approval and future planning activities.
(c) If the utility company fails to provide UDOT with a set of plans and files showing the surveyed utility locations upon request then the utility company is required to secure the actual locations of their facilities at no cost to UDOT. If the utility company fails to provide the utility location information requested within ten days, UDOT may hire a Subsurface Utility Engineering (SUE) consultant to locate the utilities at the utility company's expense.
R930-7-12. Maintenance Responsibility.
The utility company is responsible for maintenance and liability of its utility facilities and appurtenances on UDOT right of way or on UDOT property including facilities installed without a Statewide Utility License Agreement or permit, whether operational, out of service, or abandoned.
R930-7-13. Deviations.
(1) Deviations from provisions of this rule may be allowed if they do not violate state and federal statutes, law, or regulations and UDOT has determined the use of the right of way will be for the public good without compromising the transportation purposes of the right of way.
(2) Requests for deviations with limited impact may be considered by UDOT on an individual basis, upon justification submitted by the utility company. UDOT will not consider cost to the utility company as the primary deciding factor in granting a deviation.
(3) Requests for significant deviations must demonstrate extreme hardship and unusual conditions and provide justification for the deviation. Requests must demonstrate that alternative measures can be specified and implemented and still fulfill the intent of state and federal statute and regulations. Requests for these deviations must include the following:
(a) formal request by the utility company; and
(b) an evaluation of the direct and indirect design, safety, environmental, and economic impacts associated with granting a deviation.
(4) In order for UDOT to grant a significant deviation the following approvals are necessary:
(a) formal recommendation for approval by the UDOT Region Preconstruction Engineer and Permits Officer or the officer's supervisor, as applicable;
(b) formal recommendation for approval from the UDOT Region Director or designee;
(c) concurrence of the UDOT Statewide
Railroad and Utilities
Director[Engineer]; and
(d) FHWA concurrence if the deviation applies to a utility facility located within a Federal-aid highway right of way.
(5) For UDOT projects that are solely state funded, UDOT may deviate from the utility relocation regulations contained in the Code of Federal Regulations by reimbursing a utility company for replacement of existing buildings with functionally equivalent buildings, if the following requirements are met:
(a) the utility company owns the property in fee that UDOT needs to acquire for its project;
(b) the utility company owns operational facilities located upon, below or above the property;
(c) the utility company owns a building on the property that provides maintenance services for the utility facility;
(d) a property purchase in accordance with 49 CFR 24 will not adequately compensate the utility company's costs to relocate and functionally re-establish the maintenance facility; and
(e) the deviation promotes the public interest.
R930-7-14. Enforcement.
(1) This rule is subject to enforcement pursuant to and as provided for in Utah Code, and may include, but not be limited to the following:
(a) administrative citations, in letter form, citing non-compliance items and proper redress requirements, including notice that UDOT may take whatever action is necessary to rectify the situation and subsequently submit a claim against the appropriate bond to recover from the utility company actual costs incurred by UDOT;
(b) increased bonding levels to recoup potential restoration costs on current or future utility projects;
(c) denial of future permits until past non-compliance is resolved;
(d) termination of the License Agreement; and
(e) legal action to secure reimbursement from the utility company for costs incurred by UDOT due to damages to the right of way or noncompliance with the permit, rule or License Agreement.
KEY: [right-of-way]right of way, utilities, utility accommodation
Date of Enactment or Last Substantive Amendment: [October 24, 2016]2019
Notice of Continuation: September 12, 2017
Authorizing, and Implemented or Interpreted Law: 72-6-116(2)
Additional Information
More information about a Notice of Proposed Rule is available online.
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190101.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact Christine Newman at the above address, by phone at 801-965-4026, by FAX at 801-965-4338, or by Internet E-mail at [email protected]; James Palmer at the above address, by phone at 801-965-4000, by FAX at 801-965-4338, or by Internet E-mail at [email protected]; Linda Hull at the above address, by phone at 801-965-4253, by FAX at , or by Internet E-mail at [email protected]; Josh Dangel at the above address, by phone at , by FAX at , or by Internet E-mail at [email protected]. For questions about the rulemaking process, please contact the Office of Administrative Rules.