Appendix B - Utility Policy.pdf

POLICY FOR

ACCOMMODATING AND

ADJUSTMENT

OF

UTILITIES ON THE

PRIMARY ROAD SYSTEM

REVISED AND IMPLEMENTED December 2005

REVISED SECTION 115.1(306A) January 2012

REVISED APPENDIX E1 THRU E12

IN ACCORD WITH

IOWA ADMINISTRATIVE CODE 761

CHAPTER 115 (306A)

Available On-Line: http://www.dot.state.ia.us/traffic/index.htm

Revision (A)Feb 2012

Iowa Department of Transportation http://www.dot.state.ia.us/traffic/index.htm� i

TABLE OF CONTENTS

761--115.1(306A) General information .........................Revised (January 2012)…1 115.1(1) Scope of the Chapter ........................Revised (January 2012)…1 115.1(2) Information and forms .....................Revised (January 2012)…1 115.1(3) Considerations..................................Revised (January 2012)…1 115.1(4) Permit Approval Process..................Revised (January 2012)…1 115.1(5) Waivers ............................................Revised (January 2012)…2 115.1(6) Additional requirements for waivers involving interstate highways ..........................................................Revised (January 2012)…2

761--115.2(306A) Definitions.............................................................................. 3-6

761--115.3(306A) Reserved

761--115.4(306A6) General Requirements for occupancy of the right-of-way .... 6-8 115.4(1) Permit required and exceptions to permit 115.4(2) Agreement Required 115.4(3) Compliance with requirements 115.4(4) Performance bond 115.4(5) Execution of work 115.4(6) Disturbance of other contractors 115.4(7) No adverse effect on highway 115.4(8) Safety, health and sanitation 115.4(9) Parking or storage in clear zone or median 115.4(10) Protection of landscaped or planted areas 115.4(11) Noncompliance 115.4(12) Private utility facility 115.4(13) Insufficient capacity of right-of-way

761--115.5(306A) General design provisions 115.5(1) Plans 115.5(2) Materials 115.5(3) Number of crossings 115.5(4) Aboveground facilities 115.5(5) Clear zone requirements and aboveground obstructions

761--115.6(306A) Scenic enhancement 115.6(1) Introduction 115.6(2) Underground installations 115.6(3) Aboveground installations

761--115.7(306A) Liability 115.7(1) Liability under a permit 115.7(2) Reserved

761--115.8(306A) Utility accommodation permit ........................................... 11-13 115.8(1) Application for permit ii

115.8(2) Permit 115.8(3) Plan .................................................................................... 11-12 115.8(4) Discharging into waterways 115.8(5) Department action on permit application 115.8(6) Changes to work 115.8(7) Copy of permit at job site 115.8(8) As-built plans 115.8(9) Transfer of permit 115.8(10) Expiration of certain permits

761--115.9(306A) Traffic protection ............................................................... 14-15 115.9(1) Traffic Control for all work 115.9(2) Traffic control for construction and maintenance work that is not emergency work ....................................... 14-15 115.9(3) Traffic control for emergency work

761--115.10(306A) Construction responsibilities and procedures .................... 15-16 115.10(1) Permit required before work may begin 115.10(2) Notice of construction 115.10(3) Authority of the district representative 115.10(4) Work in progress 115.10(5) Authority of the department to inspect and approve 115.10(6) Department inspectors 115.10(7) Repair and cleanup 115.10(8) Final inspection

761--115.11(306A) Vertical overhead clearance requirements 115.11(1) Conformance to standards 115.11(2) Minimum vertical clearance

761--115.12(306A) Utility facility attachments to bridges ................................ 17-19 115.12(1) Electrical power and communication cable attachments 115.12(2) Pipeline attachments .......................................................... 18-19 115.12(3) Attachment fee 115.12(4) Engineering fee 115.12(5) Utility attachments to freeway border bridges

761--115.13(306A) Underground utility facilities ............................................. 20-25 115.13(1) Depth requirements 115.13(2) Measurement of cover 115.13(3) Casing 115.13(4) Seals 115.13(5) Transverse occupancy—encasement and related requirements ........................................................... 21-22 115.13(6) Longitudinal occupancy—encasement and related requirements 115.13(7) Multiduct systems iii

115.13(8) Procedures for backfilling trenched construction and jacking or boring pits 115.13(9) Procedures for trenchless construction .............................. 23-24 115.13(10) Procedure for pavement removal 115.13(11) Procedures pavement replacement 115.13(12) Clear zone for pits 115.13(13) Construction methods 115.13(14) Encasement material

761--115.14(306A) Freeways ............................................................................ 25-27 115.14(1) Access to utility facilities occupying freeway right-of-way 115.14(2) Freeway clear zone requirements 115.14(3) Aboveground appurtenances 115.14(4) Existing facilities

761--115.15(306A) Transverse installations on freeways ................................. 26-27 115.15(1) Interchange areas 115.15(2) Aboveground installations 115.15(3) Encasement requirements

761--115.16(306A) Longitudinal installations on freeways .............................. 27-31 115.16(1) Type of installation permitted 115.16(2) Prohibitions on longitudinal occupancy 115.16(3) Minimal maintenance 115.16(4) Location and depth 115.16(5) Identification signs, pedestals and repeater stations 115.16(6) Metallic warning tape 115.16(7) Engineering 115.16(8) Occupancy fee 115.16(9) Performance bond 115.16(10) Insurance 115.16(11) Future adjustment 115.16(12) Term of permit 115.16(13) Utilities for highway facilities

761--115.17(306A) Nonfreeway primary highways 115.17(1) Clear zone requirements and aboveground obstructions 115.17(2) Reserved

761--115.18(306A) Longitudinal installations on nonfreeway primary highways 115.18(1) Location 115.18(2) Underground installations

761--115.19(306A) Maintenance and emergency work .................................... 33-34 115.19(1) Maintenance responsibilities iv

115.19(2) Utility emergency work 115.19(3) Department emergency work

761--115.20(306A) Abandonment or removal of utility facilities 115.20(1) Notice to the department 115.20(2) Reserved

761--115.21 to 115.24 Reserved

761--115.25(306A) Utility facility adjustment for highway improvement projects 115.25(1) Department responsibility for adjustment costs 115.25(2) Reimbursement basis 115.25(3) Adjustment of a facility occupying highway right-of-way

761--115.26(306A) Notice of project ................................................................ 35-36 115.26(1) Determining affected utilities 115.26(2) Notifying utilities 115.26(3) Responding to notice

761--115.27(306A) First plan submission, preliminary work plan and agreement .................................................................... 36-37 115.27(1) First plan 115.27(2) Preliminary work plan........................................................ 36-37 115.27(3) Department review of preliminary work plan 115.27(4) Conflict between preliminary work plans 115.27(5) Acceptance of preliminary work plan 115.27(6) Agreement

761--115.28(306A) Second plan submission, final work plan and permit application........................................................ 38-39 115.28(1) Second plan 115.28(2) Final work plan 115.28(3) Department review of final work plan 115.28(4) Acceptance of final work plan

761--115.29(306A) Notice of work 115.29(1) Notice of receipt of permits and approvals 115.29(2) Notice to utility owner to begin work 115.29(3) Notice to department of commencement and completion of work

761--115.30(306A) Miscellaneous adjustment provisions ................................ 40-41 115.30(1) Work plan compliance 115.30(2) Project changes prior to the letting 115.30(3) Project changes after the letting v

115.30(4) Work plan changes 115.30(5) Cost allocation 115.30(6) Failure to provide a work plan or to adjust utility facilities

Exhibits

General information ......................................................................................................... E-1 Permit Example ................................................................................................................ E-2 Utility Exhibit “Example” ................................................................................................ E-3 Clear Zone Distances & Horizontal Curve Adjustments ...................................E-4 thru E-7 Minimum Policy Requirements for Rural Sections Non-Freeway .................................. E-8 Minimum Policy Requirements for Urban Sections Non-Freeway ................................. E-9 Tile Line Repair Guideline ............................................................................................ E-10 Statewide Freeway Listings ........................................................................................... E-11 Multiduct System Required Areas (longitudinal Occupancies) ..................................... E-12

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UTILITY ACCOMMODATION

761—115.1 (306A) General information.

115.1(1) Scope of chapter. This chapter covers initial placement, adjustment and maintenance of utility facilities in, on, above or below the right-of-way of primary highways, including attachments to primary highway structures. It embodies the basic specifications and standards needed to ensure the safety of the highway user and the integrity of the highway.

115.1(2) Information and forms. Information and forms regarding this chapter may be obtained from any of the department’s six district offices; the Office of Traffic and

Safety,Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; or the Internet Web site:

http://www.iowadot.gov/traffic/index.htm.

115.1(3) Considerations. If the department determines that the literal application of these rules to a specific situation will create or result in an unsafe situation or an unreasonable design, the department shall use sound engineering practices to determine the appropriate design for the specific situation. The appropriate district office shall include justification for the design in the permit or the highway project file, as applicable. The appropriate design shall address:

a. Safety of motorists, pedestrians, construction workers and other highway users.

b. Integrity of the highway.

c. Protection of the rights of the traveling public and of property owners, including the rights of abutting property owners.

d. Topography and geometric limitations and constraints affecting typical engineering standards.

115.1(4) Permit approval process.

a. A district representative may, in response to an application for a utility accommodation on the primary highway system grant approval for a utility permit. The process for inquiring about and applying for a utility accommodation on the primary highway system is through one of the department’s six district offices. All applications for utility permits must be applied for in the particular district where the utility accommodation is proposed. A district representative will do one of the following: approve the application for a utility permit, approve the application for a utility permit with conditions, or deny the application for a utility permit.

The district representative may use the considerations set forth in subrule 115.1(3) in making the decision. The district representative shall notify the applicant of the determination in writing.

b. Upon receipt of a denial letter or if the permit was approved with conditions, the applicant may choose to pursue a waiver from the director of transportation, pursuant to subrule 115.1(5).

http://www.iowadot.gov/traffic/index.htm�

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115.1(5) Waivers. The director of transportation may, in response to a written petition, waive provisions of this chapter in accordance with 761—Chapter 11. The written petition must contain the information as required in 761—subrule 11.5(2) and shall be submitted to the Office of Policy and Legislative Services, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

115.1(6) Additional requirement for waivers involving interstate highways. The director of transportation shall not waive these rules in utility accommodation and adjustment situations involving the interstate highway system, including its ramps, without the approval of the Federal Highway Administration.

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761--115.2(306A) Definitions.

Adjustment. A physical change to an existing utility facility including improvement, rearrangement, reinstallation, protection, relocation or removal of the utility facility.

Agreement. A contract between the department and a utility owner.

Appurtenance. A utility facility-related feature such as a vent, drain, utility access or marker.

Backfill. Replacement of suitable material and compaction of the material as specified in these rules.

Breakaway. Designed to shatter, bend easily or separate from a solid foundation.

Cable. An insulated conductor or a combination of insulated conductors.

Carrier. A pipe directly enclosing a transmitted fluid (liquid or gas) or slurry. "Carrier" also means an electric or communication cable, wire or line.

Casing. An oversize load-bearing pipe, conduit, duct, or structure through which a carrier or cable is inserted.

Cell. A conduit.

Clear zone. The roadside border area, starting at the edge of the traveled way, available for use by errant vehicles.

Communication line or communication cable. A circuit for telephone, telegraph, alarm system, television transmission or traffic control purposes.

Conduit. An enclosed tubular runway for protecting wires or cables. A conduit may also be referred to as a "cell" or "duct."

Cover. The depth from the grade of a roadway or ditch to the top of an underground utility facility.

District representative. A department employee who processes utility accommodation requests in an assigned geographical area.

Duct. A conduit.

Emergency. An unplanned situation that presents a danger to the life, safety or welfare of motorists, persons working within the right-of-way or the general public and that requires immediate attention. The emergency may be the result of storm damage and may involve disruption of utility service to customers. Work on a utility facility due to an emergency is unplanned work and may be necessary at any time of the day or night. The emergency work operation usually involves a small crew and a work vehicle for a short period of time.

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Encasement. Placing a casing around a utility facility.

FHWA. The Federal Highway Administration.

Foreslope. The sloping surface of an embankment, ditch, or borrow pit of which the downward inclination is away from the traveled way.

Freeway. means a fully controlled access primary highway. The rights of ingress and egress from abutting properties have been legally eliminated by the department. Permanent access to the highway is allowed only at interchange locations. A freeway is generally five or more miles in length.

Highly energized. An electrical energy level that could be hazardous if the utility facility is struck or exposed. For purposes of this chapter, voltage exceeding 60 volts is considered to be highly energized.

Highway, street or road. A public way for the purpose of vehicular travel, including the entire area between the right-of-way lines.

Interchange. A system that provides for the movement of traffic between intersecting roadways via one or more grade separations.

Maintenance. As the term is used in conjunction with a utility facility means any repair or replacement of the utility facility that is not an adjustment and that does not increase the capacity of the original installation. The term "maintenance" when used in conjunction with a highway means repair or other operational activities performed by the department within the highway right-of-way to preserve the function of the highway and its structures.

Median. That portion of a divided highway separating traffic moving in opposite directions.

Multiduct. A system comprised of two or more conduits.

MUTCD. The Manual on Uniform Traffic Control Devices, as adopted in 761--Chapter 130.

Nonfreeway primary highway. A primary highway that is not a freeway.

Occupy the primary highway right-of-way. Located or to be located in, on, above or below the primary highway right-of-way. The term includes attachments to primary highway structures.

Pavement. That portion of a roadway used for the movement of vehicles, excluding shoulders.

Permit. A utility accommodation permit issued by the department. The term "permit" includes any attachments to the permit.

Pipe. A tubular product used to transport solids, liquids or gases.

Pipeline. A carrier system used to transport liquids, gases, or slurries.

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Plowing. The installation of a utility line in the ground by means of a plow-type mechanism that breaks the ground, places the utility line and closes the break in the ground in a single operation.

Primary highway. A road or street designated as a "primary road" in accordance with Iowa

Code subsection 306.3(6). This definition includes primary highway extensions in cities and primary highways under construction.

Right-of-way. The land for a public highway, street or road, including the entire area between the property lines. For purposes of this chapter, the right-of-way line for a freeway is the access control line.

Roadway. That portion of a highway used for the movement of vehicles, including shoulders and auxiliary lanes. A divided highway has two or more roadways.

Rural-type roadway. A roadway that does not have as its outside extremities a curb and gutter section.

Service connection. A water, gas, power, communication, sanitary sewer or storm sewer line that extends from the main or primary utility facility into an adjacent property and that is used to serve the property.

Shoulder. That portion of a roadway contiguous to the traveled way for the accommodation of disabled vehicles, for emergency use and for the lateral support of the pavement base and surface courses.

Toe of foreslope. The intersection of the foreslope and the natural ground or ditch bottom.

Traveled way. That portion of a roadway used for the movement of vehicles, excluding shoulders and auxiliary lanes.

Trenched. Installed in a narrow open excavation.

Trenchless. Installed without breaking the ground or the pavement surface, such as by jacking, boring, tunneling or mechanical compaction.

Urban-type roadway. A roadway that has as its outside extremities a curb and gutter section.

Utility. A system for supplying water, gas, power, or communications; a storm sewer, sanitary sewer, drainage tile or other system for transmitting liquids; a pipeline system; or like service systems. The term "utility" includes traffic signal systems and street and intersection lighting systems.

Utility access. An opening in an underground utility system through which workers or others may enter for the purpose of making installations, inspections, removals, repairs, connections or tests.

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Utility facility. Any pole, pipe, pipeline, pipeline company facility, sewer line, drainage tile, conduit, cable, aqueduct or other utility-related structure or appurtenance. However, the term does not include department facilities or the utility lines that service them.

Utility owner. The owner of a utility facility.

Vent. An appurtenance used to ventilate or to discharge gaseous contaminants from casings.

761--115.3 Reserved.

761--115.4(306A) General requirements for occupancy of the right-of-way.

115.4(1) Permit required and exceptions to permit.

a. Permit required.

(1) A utility owner shall obtain permission from the department in the form of a utility accommodation permit before it places its utility facilities in, on, above or below the primary highway right-of-way; attaches its utility facilities to a primary highway structure; or adjusts existing utility facilities occupying the right-of-way.

(2) The purpose of the permit process is to ensure the safety of motorists, pedestrians, construction workers and other highway users; to ensure the integrity of the highway; and to document the location of utility facilities for use in managing the highway right-of-way and in locating the facilities in the future.

b. Exceptions to required permit.

(1) A permit is not required for storm sewers, subdrains, and lighting designed and constructed as part of a department highway construction project.

(2) A permit is not required for service connections within the corporate limits of a city. These connections require city approval rather than department approval;

the utility owner shall apply to the city. However, service connections shall meet all other requirements of this chapter.

115.4(2) Agreement required. For certain utility facility adjustments, the department may require an agreement between the department and the utility owner. However, the agreement by itself does not constitute a permit nor does it grant permission to occupy the primary highway right-of-way. The utility owner is responsible for obtaining a permit prior to commencing work within the right-of-way. The agreement shall then be attached to and become a part of the permit.

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115.4(3) Compliance with requirements. It is the responsibility of the utility owner to ensure that its utility facility complies with all applicable federal, state, local and franchise requirements and meets generally accepted industry standards at the time of installation.

115.4(4) Performance bond. The department may require a performance bond for utility work within the highway right-of-way under the following circumstances: the installation is unusual; abnormal site conditions exist, such as but not limited to unstable soil or unique vegetation; or the utility owner has a history of performance problems. A performance bond is required for longitudinal freeway occupancy; see subrule 115.16(9) for specific requirements.

a. If a performance bond is required, the utility owner shall file the bond with the department prior to commencing work within the right-of-way.

b. The minimum amount of a required performance bond is $5,000 per permit.

Depending on the type and extent of the facility installed, the department may require a higher bond amount. The bond shall be in force for the duration of the permit. The department shall have the right to file a claim against the bond for two years thereafter.

c. The department may accept an annual performance bond in the amount of $50,000 for statewide activities in lieu of an individual bond for each permit. The statewide performance bond shall be kept in force for as long as the utility owner's facilities occupy the primary highway right-of-way anywhere within the state of Iowa. The department shall have the right to file a claim against the bond for two years thereafter.

d. A performance bond shall guarantee prompt restoration of any damage that is the result of the utility facility's occupancy of the highway right-of-way.

115.4(5) Execution of work. Utility construction and maintenance work within the primary highway right-of-way shall be executed in a satisfactory manner and in accordance with good construction practices.

115.4(6) Disturbance of other contractors. Utility construction and maintenance work within the primary highway right-of-way shall be accomplished in a manner that minimizes disturbance to any other contractor working within the right-of-way. It is the responsibility of the utility owner to coordinate work with other contractors.

115.4(7) No adverse effect on highway. A utility facility shall not adversely affect the safety, design, construction, operation, maintenance or stability of the present use or future expansion of a primary highway.

115.4(8) Safety, health and sanitation. Construction and maintenance of a utility facility shall be accomplished in a manner that minimizes disruption of primary highway traffic and other hazards to the highway user. The utility owner shall comply with the MUTCD and all applicable federal, state and local statutes, ordinances and regulations governing safety, health and sanitation. The owner shall furnish such additional safeguards, safety devices and protective equipment and shall take such actions as are reasonably necessary to protect the life and health of the public.

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115.4(9) Parking or storage in clear zone or median. When not in actual use, vehicles, equipment and materials shall not be parked or stored within the clear zone or median.

115.4(10) Protection of landscaped or planted areas. A landscaped or planted area that is disturbed shall be restored as nearly as practical to its original condition. Specific authorization must be obtained from the district representative prior to trimming trees or spraying within the right-of-way.

115.4(11) Noncompliance. The department may take any or all of the following actions for noncompliance with any provision of this chapter or any term of a permit:

a. Halt utility construction or maintenance activities within the right-of-way.

b. Withhold an adjustment reimbursement until compliance is ensured.

c. Revoke the permit.

d. Remove the noncomplying construction or maintenance work, restore the area to its previous condition, and assess the removal and restoration costs to the utility owner.

e. Place all pending and future permits on hold until the issue is resolved.

115.4(12) Private utility facility. A utility facility that is dedicated to private use shall be accommodated in accordance with this chapter. However, the district representative may, when necessary, allow an exception to the cover requirements of subrule 115.13(1) for tile lines and sewer lines.

115.4(13) Insufficient capacity of right-of-way. The department shall deny issuance of a permit if it determines there is insufficient room for additional utility facilities within the

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761--115.5(306A) General design provisions.

115.5(1) Plans. Design plans for a utility facility shall be prepared by a person knowledgeable in highway design and in work zone traffic control and shall include the measures to be taken to preserve the safe and free flow of traffic, structural integrity of the roadway and highway structures, ease of highway maintenance, appearance of the highway and integrity of the utility facility.

115.5(2) Materials. All utility facilities shall consist of durable materials designed for long service life expectancy and be relatively free from routine servicing and maintenance.

115.5(3) Number of crossings. The number of utility facilities crossing the primary highway right-of-way shall be kept to a minimum. The department may require distribution facilities to be installed on each side of the highway to minimize the number of crossings and service connections. In individual cases, the department may require several facilities to cross in a single conduit or structure. Crossings should be as near to perpendicular to the highway alignment as practical.

115.5(4) Aboveground facilities. The design of aboveground utility facilities shall be compatible with the visual quality of the specific highway section being traversed. See rule 115.6(306A).

115.5(5) Clear zone requirements and aboveground obstructions. Highway roadsides shall be as free from physical obstructions above the ground as practical. The department shall determine the clear zone distance. (See Exhibit pages E-4 thru E-7.)

a. The clear zone distance on rural-type roadways is based on present day traffic and the existing foreslope adjacent to and preceding the utility facility.

b. Unless otherwise specified, the clear zone shall be measured from the edge of the traveled way.

c. In rural areas with rural-type roadways, a permanent, aboveground obstruction is restricted to an area beyond the clear zone or the highway foreslope, whichever area locates the obstruction a greater distance from the edge of the traveled way.

d. If sufficient right-of-way is not available to accommodate the clear zone distance, the department may require the utility facility to have a breakaway design, require regrading of the right-of-way, require the utility facility to be located underground, or authorize the facility to be placed near the right-of-way line.

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761--115.6(306A) Scenic enhancement.

115.6(1) Introduction. The type and size of a utility facility and the manner in which it is installed can materially alter the scenic quality, appearance and view of highway roadsides and adjacent areas. For these reasons, additional controls are applicable in areas that have been acquired or set aside for their scenic quality. Such areas may include, but are not limited to, scenic strips, scenic overlooks, rest areas, recreation areas, public parks and historic sites, aesthetically enhanced corridors, and the right-of-way of primary highways that pass through or are adjacent to these areas. These additional controls are addressed in this rule.

115.6(2) Underground installations. The department may permit a new underground installation if it does not require extensive removal or alteration of trees or other natural features visible to the highway user and if it does not impair the visual quality of the area being traversed.

115.6(3) Aboveground installations. The department may permit a new aboveground installation only if the following three conditions are met:

a. Other locations for an aboveground installation are unusually difficult, are unreasonably costly, or are less desirable from the standpoint of visual quality.

b. Underground installation is not technically feasible or is unreasonably costly.

c. The location, design and materials to be used for the proposed aboveground installation will give adequate attention to the visual qualities of the area being traversed.

761--115.7(306A) Liability.

115.7(1) Liability under a permit. The following are conditions of a utility accommodation permit.

a. The owner of the utility facility shall indemnify and save harmless the state of Iowa, its agencies and employees from any and all causes of action, suits at law or in equity, for losses, damages, claims or demands, and from any and all liability and expense of whatsoever nature (including reasonable attorney fees), arising out of or in connection with the owner's use or occupancy of the primary highway right-of-way.

b. The state of Iowa, its agencies or employees, will be liable for expense incurred by the permit holder in its use and occupancy of the primary highway right-of-way only when negligence of the state, its agencies or employees, is the sole proximate cause of such expense. Whether in contract, tort or otherwise, the liability of the state, its agencies, and employees is limited to the reasonable, direct expenses to repair damaged utilities, and in no event will such liability extend to loss of profits or business, indirect, special, consequential or incidental damages.

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115.7(2) Reserved.

761--115.8(306A) Utility accommodation permit. (See Exhibit pages E-2.)

115.8(1) Application for permit.

a. To apply for a utility accommodation permit, the utility owner shall submit an application to the appropriate district representative on a form prescribed by the department.

b. If the utility facility will cross or impact a county road connection, the application must be approved by the county. If the facility is within corporate limits of a city, the application must be approved by the city. The utility owner is responsible for obtaining these approvals prior to submitting the application to the department.

115.8(2) Permit.

a. At a minimum, a utility accommodation permit allows:

(1) The applicant (the utility owner) or its representative to perform the work covered by the permit.

(2) The utility facility described in the permit to occupy the right-of-way.

(3) The utility facility to be operated and maintained.

b. A utility accommodation permit does not convey a permanent right of occupancy.

115.8(3) Plan. Each permit application shall be accompanied by a plan showing the following:

a. Location of the utility facility by route, county, section, township, range, milepost and highway stationing, where these references exist.

b. Highway centerline and right-of-way limits.

c. Location of the utility facility by distance to the nearest foot at each point where the facility's location changes alignment, as measured from the:

(1) Centerline of the highway on nonfreeway installations.

(2) Right-of-way fence on freeway installations.

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d. All construction details including the:

(1) Depth of burial.

(2) Types of materials to be used in the installation.

(3) Operating pressures and voltages.

(4) Vertical and horizontal clearances.

(5) Traffic control plan prepared by a person knowledgeable in work zone traffic control, or a reference to a standard traffic control plan of the department.

115.8(4) Discharging into waterways.

a. A permit application for the placement of a utility facility that will discharge materials into the nation's waters must be accompanied by satisfactory evidence of compliance with all applicable federal, state and local environmental statutes, ordinances and regulatory standards.

b. The utility owner is responsible for obtaining all necessary approvals from the appropriate agencies. The department will not issue a permit until these approvals are obtained.

115.8(5) Department action on permit application.

a. The department shall act on the permit application within 30 days after its filing with the appropriate district representative. If an emergency should exist, the department shall act on the application as expeditiously as practical.

b. Failure on the part of the utility owner to provide complete information may result in a delay in the department's taking final action on the application.

115.8(6) Changes to work. Changes in the work as described in the original permit require the prior approval of the department.

115.8(7) Copy of permit at job site. The utility owner or its contractor shall have a copy of the permit on the construction site at all times for examination by highway officials.

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115.8(8) As-built plans.

a. Within 90 days after completion of construction, the utility owner shall submit to the district representative an as-built plan or a letter certifying that the actual placement of the utility facility is as described in the original permit.

b. If the utility owner fails to submit the as-built plan or letter within the time required, the department may hire an independent contractor to locate the utility facility and prepare an as-built drawing. All costs associated with this activity are the responsibility of the utility owner.

c. Any costs incurred by the department or its contractors due to incorrect as-built information supplied by the utility owner or deviations in actual placement from that described in the original permit are the responsibility of the utility owner.

115.8(9) Transfer of permit. A new utility accommodation permit is not needed when a utility facility is transferred or leased in its entirety. The requirements of the permit and this chapter remain in force for as long as the utility facility continues to occupy the right-of-way and serve its intended purpose. The transferee or lessee shall submit the following information to the appropriate district representative:

a. The name and address of the transferee or lessee.

b. Geographical area involved in the transaction.

c. Designated telephone number for notification purposes.

115.8(10) Expiration of certain permits. See subrule 115.16(12) for permits covering longitudinal occupancy of freeways.

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761--115.9(306A) Traffic protection.

115.9(1) Traffic control for all work.

a. When performing work within the right-of-way, the utility owner is responsible for providing, installing, maintaining and cleaning warning signs and protective devices;

removing warning signs and protective devices when the work is complete; and providing flaggers.

b. Flagging operations and the placement of warning signs, protective devices, barricades and channelizing devices shall comply with the MUTCD and department requirements for the protection of the traveling public and workers on the site.

c. Flaggers are required at work sites to stop traffic intermittently as necessitated by work progress or to maintain continuous traffic past a work site at reduced speeds to help protect the work crew. For both of these functions the flagger must, at all times, be clearly visible to approaching traffic for a distance sufficient to permit proper response by motorists to the flagging instructions, and to permit traffic to reduce speed before entering the work site. In positioning flaggers, consideration must be given to maintaining color contrast between the work area background and the flaggers' protective garments.

d. The utility owner shall provide additional protection when special complexities and hazards exist.

115.9(2) Traffic control for construction and maintenance work that is not emergency work.

a. The utility owner is responsible for using the types of traffic controls that are adequate for the nature, location and duration of work, type of roadway, traffic volume and speed, and potential hazards.

b. Where high traffic volumes cause frequent congestion, routine scheduled maintenance and construction should be avoided during hours of peak traffic.

c. Work areas should be occupied for only as long as it is necessary to safely move in, finish the work, remove all utility work signs and move out.

d. Special care should be taken to clearly mark suitable boundaries for the workspace with channelizing devices so that pedestrians and drivers can see the workspace. If any of the traveled lanes are closed, tapers shall be used as required by the MUTCD.

e. Pedestrians should not be expected to walk on a path that is inferior to the previous path. Loose dirt, mud, broken concrete or steep slopes may force pedestrians to walk on the roadway rather than the sidewalk. Repairs (temporary or permanent) to damaged sidewalks should be made quickly. This may include bridging with steel plates or good quality wood supports.

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f. Work areas involving excavations on the roadway should not exceed the width of one traffic lane at a time. The work should be staged and, if needed, approved bridging should be used. The utility owner should fully coordinate this type of activity with the district representative or, in a city, with the city's traffic or public works office.

115.9(3) Traffic control for emergency work.

a. The extent of traffic control used for emergency work may be less than that used for longer-term construction or maintenance. However, the utility owner shall provide for the safety of pedestrians, motorists and workers. It may be necessary for the utility owner to contact local law enforcement officials to assist in securing the safety of the traveling public.

b. The work vehicle should be equipped with an amber revolving light or amber strobe light, portable signs and channelizing devices, and necessary equipment for flagging operations.

761--115.10(306A) Construction responsibilities and procedures.

115.10(1) Permit required before work may begin. The utility owner shall not commence construction work in the primary highway right-of-way until it has received a utility accommodation permit from the department for the work.

115.10(2) Notice of construction. The utility owner shall give the district representative at least 48 hours' prior notice of its intent to start construction within the right-of-way.

115.10(3) Authority of the district representative.

a. The district representative has the authority to resolve any issues or concerns that arise regarding the intent of the permit and compliance therewith, as they relate to the condition of the highway.

b. During the progress of the work, the district representative may approve minor alterations in the plans or character of the work, as they relate to the condition of the highway, that the district engineer deems necessary or desirable to satisfactorily complete the work. Such an alteration is not a waiver of the permit nor does it invalidate any provision of the permit.

115.10(4) Work in progress. The utility owner is responsible for the care and maintenance of partially completed work within the right-of-way. Unless otherwise authorized by the permit or the district representative, all work performed within the right-of-way is restricted to a time frame of 30 minutes after sunrise to 30 minutes before sunset.

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115.10(5) Authority of department to inspect and approve.

a. The department may inspect and approve any construction work performed within the right-of-way as it relates to the condition of the highway.

b. The utility owner shall provide reasonable cooperation.

115.10(6) Department inspectors. The department may appoint inspectors to represent the department in the inspection of construction. Inspectors are placed on the job to keep the district representative informed of the progress of the work and the manner in which it is being performed, and to call to the utility owner's attention any infringements of the permit. The inspectors shall not:

a. Modify in any way the provisions of the permit.

b. Delay the work by failing to inspect the work with reasonable promptness.

c. Act as a supervisor for the work or perform any other duties for the utility owner or its contractor.

d. Improperly interfere with the management of the work.

e. Approve or accept any portion of the work on behalf of the department.

115.10(7) Repair and cleanup. Prior to the department's final inspection, the utility owner shall:

a. Upon notification by the department, immediately make any repairs to the right-of-way that are necessary due to the construction work.

b. Remove from the right-of-way all unused materials and rubbish resulting from the work and leave the right-of-way in a clean, presentable condition.

115.10(8) Final inspection.

a. Upon notification by the owner of the utility facility or its authorized representative that the work is complete, the district representative may inspect each item of work included in the permit as it relates to the condition of the highway.

b. If the district representative finds that the work is not in compliance with the permit, the district representative shall provide to the utility owner written notice of the particular defects found. The owner is responsible for remedying these defects in a timely manner.

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761--115.11(306A) Vertical overhead clearance requirements.

115.11(1) Conformance to standards. The vertical clearance for overhead utility facilities and the lateral and vertical clearances for bridges shall conform to accepted industry standards as well as applicable codes and regulations.

115.11(2) Minimum vertical clearance. In no event shall the vertical clearance be less than 20 feet above the roadway for all overhead utilities. (See Exhibit pages E-8 & E-9.)

761--115.12(306A) Utility facility attachments to bridges.

115.12(1) Electrical power and communication cable attachments.

a. An electrical power or communication cable may be attached to an existing primary highway bridge if the department determines that the attachment is in the best interests of the public. The department may accommodate an electrical power or communication cable attachment in its design for a new bridge if the department determines that the accommodation is in the best interests of the public.

b. The permit application shall include a detailed sketch showing the method of attachment and weights of attachment. A separate permit is required for each bridge.

c. All attachments shall be placed in conduits, pipes or trays; beneath the bridge's floor;

and above low steel or masonry of the bridge. Department-approved clamps shall be used for any attachment to structural steel.

d. Expansion devices are required. Cables in cells or casings shall be grounded wherever necessary. Carrier pipe shall be suitably insulated from electrical power line attachments.

e. All costs attributable to the installation of an attachment to a bridge shall be paid by the utility owner unless the attachment is installed pursuant to a utility agreement.

f. Welding or drilling holes in structural steel primary members is prohibited.

g. Utility facilities may be attached to noncritical concrete areas.

h. Holes should not be cut in wing walls, abutments or piers.

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115.12(2) Pipeline attachments.

a. Pipelines may be attached to primary highway bridges when installation below ground is not feasible, the design of the bridge can accommodate the attachment, and space is available.

b. The permit application shall include a detailed sketch showing the method of attachment and weights of attachment. A separate permit is required for each bridge.

c. Pipes shall be placed beneath the bridge's floor, inside the outer girders or beams (or in cells specifically designed for the installation), and above low steel or masonry of the bridge.

d. Pipes shall be designed to withstand expected expansion or contraction forces. If necessary, expansion devices such as expansion joints, offsets or loops shall be used.

e. Pipelines in cells or casings shall be vented and grounded whenever necessary.

f. Pipelines that have an operating pressure of more than 75 pounds per square inch or that are larger than two inches in diameter shall have shutoffs not more than 300 feet from each end of the bridge.

g. The department shall consider casing requirements on an individual basis. In some instances, thicker-walled or extra-strength pipe may be considered in lieu of encasement. Encasement is required for plastic pipe attachments to bridges.

h. All costs attributable to the installation of an attachment to a bridge shall be paid by the utility owner unless the attachment is installed pursuant to a utility agreement.

i. Welding or drilling holes in or attaching to structural steel primary members is prohibited.

j. Utility facilities may be attached to noncritical concrete areas.

k. Holes should not be cut in wing walls, abutments or piers.

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l. The utility owner shall provide an indemnity bond to be executed by either itself or by a responsible bonding company, at the department's option.

(1) The indemnifier under the bond shall, in the event of damage resulting from any cause whatsoever arising out of or from permission to attach a pipeline, indemnify the department against all loss or damage to it or any third party therefrom, including but not limited to the expense of repairing or replacing the bridge and the cost of alternate highway facilities for traffic during the period when the bridge is being repaired or replaced.

(2) The indemnity bond shall be kept in force for as long as the pipeline is attached to the bridge. The department may periodically review the amount of the bond and require adjustments in the bond amount.

115.12(3) Attachment fee.

a. The utility owner shall pay to the department an attachment fee for attaching its utility facility to a primary highway bridge. The attachment fee is $100 per bridge plus $0.55 times the weight of the attachment in pounds per foot times the length of bridge in feet.

The fee shall increase 3 percent per year after the base year of 2004.

b. The attachment fee is due before any construction work commences within the right-of-way.

c. Utility facilities belonging to or exclusively serving a city may, if the department considers it desirable, be attached to a primary highway bridge without assessment of an attachment fee.

115.12(4) Engineering fee. When a primary highway bridge is in the planning stages and the department designs the bridge to accommodate a requested attachment, the department shall assess to the utility owner an engineering fee. The engineering fee shall reimburse the department for the department's increased costs of design, construction and inspection due to the attachment. The department shall bill the fee to the utility owner when the department's work is complete.

115.12(5) Utility attachments to freeway border bridges. The department may permit a utility facility to be attached to an existing or planned freeway border bridge if the following conditions are met:

a. The appropriate state agency of the adjoining state approves the attachment.

b. Except for communication cable, the facility exits the freeway right-of-way as soon as physically practical after crossing the state line into Iowa.

c. The attachment otherwise complies with this chapter, specifically including this rule on attachments and rule 115.16(306A) on longitudinal freeway occupancy.

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761--115.13(306A) Underground utility facilities.

115.13(1) Depth requirements. (See Exhibit pages E-8 & E-9.)

a. Minimum cover--roadway. The minimum required cover under a roadway is 48 inches.

b. Minimum cover--other portions of right-of-way. The minimum required cover under other portions of the right-of-way is:

(1) 48 inches for electrical cable.

(2) 30 inches for communication cable except that 36 inches is required for longitudinal occupancy under freeway right-of-way.

(3) 36 inches for all other underground facilities.

c. Rocky terrain. The department may allow an exception to the minimum depth requirement where rocky terrain makes it difficult to obtain the required depth. The department shall determine the minimum depth in these situations; however, no installation shall be authorized with less than 24 inches of cover.

d. Other protective measures. In critical situations where the necessary cover cannot be obtained, the department may approve other protective measures.

115.13(2) Measurement of cover. The cover is measured from one of the following:

a. On rural-type roadways, the lowest pavement surface edge.

b. On urban-type roadways, the gutter flow line, excluding local depressions at inlets.

c. Where longitudinal installations will be behind the curb, the top of the curb.

d. The surface of the surrounding ground or the low point of the ditch.

115.13(3) Casing. A casing shall:

a. Protect the highway from damage.

b. Protect the carrier pipe from external loads or shock, either during or after construction of the highway.

c.…