Utility Policy.pdf

Utility Accommodation Policy A policy for accommodating and adjustment of utilities on the primary road system in Iowa.

Revised and implemented June 18, 2025

In accordance with Iowa Administrative Code 761 Chapter 115 (306A)

PDF available online at:

Iowa administrative rules, chapter 761-115 (306A)

The current Utility Accommodation Policy of the department is an assembled policy guidebook that restates the rule chapter noted above. In addition, the policy guidebook contains several graphic exhibits to explain various sections of the chapter.

A printed copy of the policy guidebook may be obtained by contacting one of the department's six district offices or by requesting a copy from the Utility Program Director.

Utility Accommodation Policy E-4 Rev. June 2025

Table of Contents 761—115.1(306A,314,320) General

115.1(1) Purpose

115.1(2) Contact information

115.1(3) Considerations

115.1(4) Permit approval process

115.1(5) Waivers

115.1(6) Additional requirement for waivers involving interstate roads

761—115.2(306,306A,321) Definitions. .......................................................................................... 3-6

761—115.3(306A,318,320) General provisions

115.3(1) Permit required

115.3(2) Future adjustment

115.3(3) Compliance with requirements

115.3(4) Performance bond

115.3(5) Execution of work

115.3(6) Disturbance of other contractors

115.3(7) No adverse effect on primary road

115.3(8) Safety, health and sanitation

115.3(9) Parking or storage in clear zone or median

115.3(10) Protection of landscaped or planted areas

115.3(11) Noncompliance

115.3(12) Identification signs and markers

115.3(13) Insufficient capacity of rights-of-way

761—115.4(306A,318) General design provisions

115.4(1) Design

115.4(2) Number of crossings

115.4(3) Clear zone requirements and aboveground obstructions

761—115.5(306A) Scenic enhancement

115.5(1) Introduction

115.5(2) Underground installations

115.5(3) Aboveground installations

761—115.6(306A) Liability

115.6(1) The utility owner

115.6(2) The state of Iowa

761—115.7(306A,320) Utility permit

115.7(1) Applicant contact

115.7(2) Permit

115.7(3) Plan

115.7(4) Discharging into waterways

115.7(5) Department action on permit request

115.7(6) Changes to work

115.7(7) Department issued permit

115.7(8) As-built plan

115.7(9) Transfer of permit

115.7(10) Term of permit

761—115.8(306A) Traffic protection

115.8(1) Traffic control for all work

115.8(2) Traffic control for construction and maintenance work that is not emergency work

115.8(3) Traffic control for emergency work

761—115.9(306A) Construction responsibilities and procedures

115.9(1) Permit required before work may begin

115.9(2) Notice of construction

115.9(3) Authority of the district representative

115.9(4) Work in progress

115.9(5) Department inspection

115.9(6) Department inspectors

115.9(7) Repair and cleanup

115.9(8) Completion of work

761—115.10(306A) Vertical overhead clearance requirements

115.10(1) Conformance to standards

115.10(2) Minimum vertical clearance

761—115.11(306A) Utility facility atachments to bridges

115.11(1) Department determination

115.11(2) Method and weight of attachment

115.11(3) Attachment considerations

115.11(4) Attachment fee

115.11(5) Utility attachments to freeway border bridges

761—115.12(306A) Underground utility facilities

115.12(1) Depth requirements

115.12(2) Measurement of cover

115.12(3) Casing

115.12(4) Seals

115.12(5) Encasement and related requirements

115.12(6) Multiduct systems

115.12(7) Procedures for backfilling trenched construction and jacking or boring pits

115.12(8) Procedures for trenchless construction

115.12(9) Procedures for pavement removal

115.12(10) Procedures for pavement replacement

115.12(11) Clear zone for pits

115.12(12) Construction methods

761—115.13(306A) Freeways

115.13(1) Access to utility facilities occupying freeway rights-of-way

115.13(2) Freeway clear zone requirements

115.13(3) Aboveground appurtenances

115.13(4) Existing facilities

761—115.14(306A) Transverse installations on freeways

115.14(1) Interchange areas

115.14(2) Aboveground installations

761—115.15(306A,314) Longitudinal installations on freeways

115.15(1) Type of installation permitted

115.15(2) Prohibitions on longitudinal occupancy

115.15(3) Minimal maintenance

115.15(4) Location and depth

115.15(5) Pedestals, cabinets, vaults, hand holes, repeater stations or similar appurtenances

115.15(6) Metallic warning tape

115.15(7) Engineering

115.15(8) Occupancy fee

115.15(9) Performance bond

115.15(10) Insurance

115.15(11) Term of permit

115.15(12) Utilities for road facilities

761—115.16(306A) Longitudinal installations on nonfreeway primary roads

115.16(1) Location

115.16(2) Underground installations

761—115.17(306A) Maintenance and emergency work

115.17(1) Maintenance responsibilities

115.17(2) Utility emergency work

115.17(3) Department emergency work

761—115.18(306A) Abandonment, out-of-service facilities, or removal of utility facilities

115.18(1) Ownership

115.18(2) Notice to department

761—115.19(306,306A) Utility facility adjustments for primary road improvement projects

115.19(1) Adjustment of facilities

115.19(2) Relocation costs

761—115.20(306A) Utility investigation and notice of project

115.20(1) Determining affected utilities

115.20(2) Notifying utilities

115.20(3) Responding to notice

761—115.21(306A) Preliminary plan, verifying accuracy of information

115.21(1) Depicting utility information

115.21(2) Preliminary plan

115.21(3) Response to the preliminary plan

761—115.22(306A) Semifinal plan, utility work plan

115.22(1) Preparation of semifinal plan

115.22(2) Distribution of semifinal plan

115.22(3) Work plan

115.22(4) Conflict between work plans

115.22(5) Department review of work plan

115.22(6) Reimbursement agreement

761—115.23(306A) Notice of work

115.23(1) Notice of receipt of permits and approvals

115.23(2) Notice to utility owner to begin work

115.23(3) Notice to department of commencement and completion of work

761—115.24(306A) Miscellaneous adjustment provisions

115.24(1) Work plan compliance

115.24(2) Work plan changes

115.24(3) Cost allocation

115.24(4) Failure to comply with these rules, to provide an acceptable work plan, or to adjust utility facilities

EXHIBITS

Disclaimer ...................................................................................................................................................E1

Electronic Permitting & Permit Forms ...................................................................................................................... E2

Utility Exhibit Example .............................................................................................................................................. E3

Clear Zone Distances & Horizontal Curve Adjustments ......................................................................... E4 through E7

Minimum Requirements for Rural Sections Non-Freeway ....................................................................................... E8

Minimum Requirements for Urban Sections Non-Freeway ..................................................................................... E9

Tile Line Repair Guideline ....................................................................................................................................... E10

Statewide Freeway Listing ...................................................................................................................................... E11

Multiduct System Required Listing ......................................................................................................................... E12

Areas at Capacity Listing ......................................................................................................................................... E13

Utility Accommodation Policy 1 Rev. June 2025

Iowa Administrative Code | Transportation [761]

CHAPTER 115

UTILITY ACCOMMODATION

[Prior to 6/3/87, Transportation Department[820]—(06,D) Ch 1]

Chapter rescission date pursuant to Iowa Code section 17A.7: 6/18/30

761—115.1(306A,314,320) General.

115.1(1) Purpose. This chapter covers the requirements needed for placement, adjustment and maintenance of utility facilities in, on, above or below the rights-of-way of primary roads to ensure the safety of the road user and the integrity of the road.

115.1(2) Contact information. Information regarding this chapter may be obtained from the department’s website at:

any of the department’s six district offices; or the Transportation Development Division, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010.

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 documenting the design decision in the permit or the road project file, as applicable, and addressing:

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

b. Integrity of the road.

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.

e. Environmental protections, limitations and constraints of surrounding ecosystem.

115.1(4) Permit approval process.

a. To apply for a permit, the applicant must submit a request in the form and manner prescribed by the department. The department will do one of the following in response to a request for a utility accommodation on the primary road system: approve the request for a permit, approve the request for a permit with conditions, or deny the request for a permit. The department will notify the applicant of the determination in writing.

b. If the utility facility will impact a road or street under the jurisdiction of a local public agency, the request must be approved by the county. If the utility facility is within corporate limits of a city, the request must be approved by the city. The applicant is responsible for obtaining

Utility Accommodation Policy 2 Rev. June 2025 local jurisdiction approvals. If the utility facility will cross or impact an interstate road, the request must be approved by the FHWA. The department is responsible for obtaining FHWA approval.

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

d. For the purposes of this chapter, required notifications may be made by electronic means.

115.1(5) Waivers. The director may, in response to a written petition, waive provisions of this chapter in accordance with 761—Chapter 11. The written petition is to contain the information as required in 761—subrule 11.5(2) and be submitted to the rules administrator either by mail to Rules Administrator, Office of the Director, Iowa Department of Transportation, 800 Lincoln Way, Ames, Iowa 50010; or by email to the rules administrator’s email address listed on the department’s website at

115.1(6) Additional requirement for waivers involving interstate roads. The director will not waive these rules in utility accommodation and adjustment situations involving the interstate road system, including its ramps, without the approval of the FHWA.

https://www.legis.iowa.gov/docs/iac/chapter/761.11.pdf https://www.legis.iowa.gov/docs/iac/rule/761.11.5.pdf

Utility Accommodation Policy 3 Rev. June 2025

761—115.2(306,306A,321) Definitions.

“511” means a traveler information system that provides real-time updates about weather-related road conditions, road work, commercial vehicle restrictions, road closures and other events that impact traffic via the phone or Internet.

“Abandoned” or “abandonment” means the decision by a utility owner to no longer use its utility facility.

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

“Agreement” means a contract between the department and a utility owner.

“Applicant” means the utility owner or the utility owner’s designated representative who submits a request for a utility permit on the primary road system.

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

“Attachment agreement” means a contract between the owner of a utility pole or structure and another utility owner for the joint use or sharing of poles or structures.

“Backfill” means placement of suitable material and compaction of the material as specified in these rules.

“Best management practices” means the industry’s best-known method, technique or proven process used to achieve an end goal or standard.

“Breakaway” means designed to shatter, bend easily or separate from a solid foundation.

“Cable” means an insulated conductor or a combination of insulated conductors.

“Carrier” means a pipe directly enclosing a transmitted fluid (liquid or gas) or slurry.

“Carrier” may also mean an electric or communication cable, wire or line.

“Casing” means an oversize load-bearing pipe, conduit, duct, or structure through which a carrier or cable is inserted.

“Cell” means a conduit.

“Clear zone” means a roadside area that is free of obstacles where an out-of-control vehicle can traverse safely, starting at the edge of the traveled way.

“Communication line” or “communication cable” means a cable used for the transmission of data, voice, images, television, alarm systems or traffic control.

“Conduit” means an enclosed tubular runway for protecting wires or cables. A conduit may also be referred to as a “cell” or “duct.”

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

“Department specifications” means departmental standard specifications that can be found on the department’s website at “Designated representative” means a person with authority to make decisions on behalf of the utility owner, including employees of the utility company or consultants and utility contractors performing specific work on behalf of the utility owner.

Utility Accommodation Policy 4 Rev. June 2025

“Director” means the director of transportation or the director’s designee.

“District representative” means a department employee who processes utility accommodation requests in an assigned geographical area.

“Duct” means a conduit.

“Emergency” means an unplanned situation that presents a danger to the life, safety or welfare of motorists, persons working within the rights-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.

“Encasement” means placing a casing around a utility facility.

“FHWA” means the Federal Highway Administration.

“Flowline” means the lowest point in a pipe, culvert, ditch, stream bed, or other structure that conveys water.

“Foreslope” means the downward sloping surface of an embankment from the outer edge of the roadway shoulder away from the traveled way to the roadway ditch bottom.

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

“Generally accepted industry standards” means a set of criteria within an industry relating to the standard functioning and carrying out of operations in the industry’s respective fields of production.

“Interchange” means a system that provides for the movement of traffic between intersecting roadways via one or more grade separations.

“Maintenance,” as 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 road, means repair or other operational activities performed by the department within the primary road rights-of-way to preserve the function of the road and its structures.

“Median” means that portion of a divided road separating traffic moving in opposite directions.

“Multiduct” means a system comprised of two or more conduits combined in a joined pathway.

“MUTCD” means the Manual on Uniform Traffic Control Devices as adopted in 761— Chapter 130.

“Nonfreeway primary road” means a primary road that is not a freeway.

“Occupy the primary road rights-of-way” means located or to be located in, on, above or below the primary road rights-of-way. The term includes attachments to primary road structures.

“Out-of-service” means a utility facility that has been removed from service and is not in use.

https://www.legis.iowa.gov/docs/iac/chapter/761.130.pdf https://www.legis.iowa.gov/docs/iac/chapter/761.130.pdf

Utility Accommodation Policy 5 Rev. June 2025

“Pavement” means that portion of a roadway used for the movement of vehicles, excluding paved and unpaved shoulders.

“Permit” means a utility permit issued by the department. The term “permit” includes all attachments to the permit.

“Pipe” means a tubular product used to transport solids, liquids or gases.

“Pipeline” means a carrier system used to transport liquids, gases, or slurries.

“Primary road” means the same as defined in Iowa Code section 306.3(6).

“Reimbursement agreement” means a contract between a utility owner and the department for reimbursement of utility facility relocation from private easement due to proposed primary road construction.

“Rights-of-way” means the same as “public road right-of-way” as defined in Iowa Code section 306.3(7).

“Road” or “street” means the same as defined in Iowa Code section 306.3(8).

“Roadway” means the same as defined in Iowa Code section 321.1(65).

“Rural-type roadway” means a roadway that does not have a curb and gutter section.

“Service connection” means a water, gas, power, sanitary sewer, storm sewer line or communications cable that extends from the main or primary utility facility into an adjacent property and that is used to serve the property regardless of ownership.

“Shoulder” means 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 paved and unpaved surface courses.

“Ten-day notice” means ten calendar days that begin at midnight on the day the notice is submitted and conclude at midnight on the eleventh day following the date of the notice.

“Toe of foreslope” means the intersection of the foreslope and the natural ground or ditch bottom.

“Traveled way” means that portion of a roadway used for the movement of vehicles, excluding shoulders and auxiliary lanes.

“Trenched” means installed in a narrow open excavation.

“Trenchless” means installed without breaking the ground or the pavement surface, such as by jacking, boring, tunneling, directional drilling or mechanical compaction.

“Urban-type roadway” means a roadway that has a curb and gutter section.

“Utility” means the same as defined in Iowa Code section 306A.13, and for the purposes of this chapter, the term “utility” includes traffic signal systems, street and intersection lighting systems and a communication line or communication cable.

“Utility access” means 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.

https://www.legis.iowa.gov/docs/ico/chapter/306.3.pdf https://www.legis.iowa.gov/docs/ico/chapter/306.3.pdf https://www.legis.iowa.gov/docs/ico/chapter/306.3.pdf https://www.legis.iowa.gov/docs/ico/chapter/321.1.pdf https://www.legis.iowa.gov/docs/ico/chapter/306A.13.pdf

Utility Accommodation Policy 6 Rev. June 2025

“Utility conflict list” means a document that identifies the relevant information about the utility facilities identified within the primary road project footprint. The utility conflict list, also known as utility conflict matrix, serves as a tool to track the status of the utility facilities in relation to the road design, including but not limited to no conflict, potential conflict, utility owner, utility type, size, location, assessment, relocation required, actions, and resolutions.

“Utility facility” means any pole, pipe, pipeline, pipeline company facility, sewer line, drainage tile, conduit, cable, aqueduct or other utility-related structure or appurtenance.

“Utility owner” means the owner of a utility facility.

“Vent” means an appurtenance used to ventilate or to discharge gaseous contaminants from casings.

“Waterway” means a river, stream, creek, brook, drainage ditch or other perennially flowing body of water.

Utility Accommodation Policy 7 Rev. June 2025

761—115.3(306A,318,320) General provisions.

115.3(1) Permit required. A permit is required to place utility facilities in, on, above or below the primary road rights-of-way to attach utility facilities to a primary road structure or to adjust existing utility facilities occupying the rights-of-way.

115.3(2) Future adjustment.

a. In the event any future maintenance or construction of the primary road requires an adjustment of the utility facility, the department will not reimburse the utility owner for adjustment costs incurred unless otherwise noted on the permit.

b. Should adjustment of the utility facility be required, the department makes no assurance nor assumes any liability to the utility owner that the utility facility will again be allowed to occupy the primary road rights-of-way.

115.3(3) Compliance with requirements. It is the responsibility of the utility owner to ensure that the utility owner’s utility facility complies with all applicable federal, state, local and franchise requirements and meets generally accepted industry standards at the time of installation.

115.3(4) Performance bond. The department may require a performance bond for utility work within the primary road rights-of-way under the following circumstances: the work is being done to adjust or relocate the utility facility to accommodate a planned primary road project; 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; more information contained in subrule 115.15(9).

a. If a performance bond is required, the utility owner shall file the bond with the department prior to commencing work within the rights-of-way in the minimum amount of $10,000 per permit. Depending on the type and extent of the utility facility to be installed, adjusted or relocated, the department may require a higher performance bond amount. The performance bond shall be in force for the duration of the permit and through completion of the primary road project construction, when applicable. The department will release the performance bond after all permit requirements have been accomplished by the utility owner. The department shall have the right to file a claim against the performance bond for two years after the performance bond has been released.

b. An annual performance bond in the amount of $100,000 for statewide activities in lieu of an individual performance bond for each permit is permissible and shall be kept in force for as long as the utility owner’s utility facilities occupy the primary road rights-of-way anywhere within the state of Iowa.

https://www.legis.iowa.gov/docs/iac/rule/761.115.15.pdf

Utility Accommodation Policy 8 Rev. June 2025

c. When required, a performance bond shall guarantee prompt relocation for primary road project construction, restoration of any damage that is the result of the utility facility’s occupancy of the primary road rights-of-way, and correction of any installation that is not in accordance with the issued permit on location or method of installation.

115.3(5) Execution of work. Utility construction and maintenance work within the primary road rights-of-way is to be accomplished in a manner satisfactory to the department.

115.3(6) Disturbance of other contractors. Utility construction and maintenance work within the primary road rights-of-way is to be accomplished in a manner that minimizes disturbance to any other contractor working within the rights-of-way. It is the responsibility of the utility owner to coordinate work with other contractors.

115.3(7) No adverse effect on primary road. A utility facility must not adversely affect the safety, design, construction, operation, maintenance or stability of the present use or future expansion of a primary road.

115.3(8) Safety, health and sanitation. Construction and maintenance of a utility facility shall be accomplished in a manner that minimizes disruption of primary road traffic and other hazards to the road user. The utility owner is responsible to comply with the MUTCD and all applicable federal, state and local statutes, ordinances and regulations governing safety, health and sanitation. The utility owner is to furnish such additional safeguards, safety devices and protective equipment and take actions to protect the life and health of the public.

115.3(9) Parking or storage in clear zone or median.

a. Unattended vehicles, equipment and materials shall not be parked or stored within the shoulder, median or clear zone and should be located as close to the right-of-way line as possible.

b. When in use, vehicles are to be oriented with the direction of traffic.

c. Exceptions to parking or storage requirements may be authorized by the district representative on a case-by-case basis.

115.3(10) Protection of landscaped or planted areas. Prior to permit approval, specific authorization is to be obtained from the district representative for mowing, trimming trees and shrubs, and for spraying within the rights-of-way. Landscaped and planted areas are to be avoided as much as practical. A landscaped or planted area that is disturbed is to be restored as nearly as practical to its original condition.

Utility Accommodation Policy 9 Rev. June 2025

115.3(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 rights-of-way.

b. Withhold an adjustment reimbursement until compliance is ensured.

c. Revoke the permit.

d. Determine a utility facility to be an obstruction and remove the noncomplying utility facility, restore the area to its previous condition, and assess the removal and restoration costs to the utility owner in accordance with Iowa Code section 318.5.

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

f. Initiate a claim on the performance bond as set out in subrule 115.3(4), when a bond is required.

115.3(12) Identification signs and markers. Utility facilities within primary road rights-of-way shall be properly marked in accordance with the following unless otherwise authorized by the district representative:

a. Identification signs are to be installed and maintained by the utility owner.

b. The signs must identify the utility owner, telephone number to contact in case of an emergency, and the type of buried utility.

c. Identification signs are to be composed of highly visible ultraviolet-resistant material.

d. Each sign is to be no larger than 200 square inches.

e. The mounting height is to be 5 feet to the bottom of the sign.

f. Signs are to be placed within 12 inches of the right-of-way line along the entire occupancy route.

g. The interval between signs is not to exceed one-quarter mile in rural areas and 500 feet in urban areas or as designated by the district representative.

h. Utility facility crossings must be properly marked on each side of the road.

i. If the utility facility is removed or relocated, the utility owner is to remove or relocate the corresponding identification signs and markers.

j. If the utility facility is abandoned in place, the utility owner is to promptly notify the department as set out in subrule 115.18(2).

115.3(13) Insufficient capacity of rights-of-way. The department may deny issuance of a permit if it determines there is insufficient room for additional utility facilities within the rights-of-way. (See Exhibit E13.)

https://www.legis.iowa.gov/docs/ico/chapter/318.5.pdf https://www.legis.iowa.gov/docs/iac/rule/761.115.3.pdf

Utility Accommodation Policy 10 Rev. June 2025

761—115.4(306A,318) General design provisions.

115.4(1) Design. The design plan for a utility facility shall:

a. Be prepared by a person knowledgeable with this chapter, road design, and work zone traffic control.

b. Include the measures to be taken to preserve the surrounding environment, safe and free flow of traffic, structural integrity of the road and road structures, ease of road maintenance, appearance of the road and integrity of the utility facility to the extent applicable.

c. Include the location of each utility facility in the proposed run line with footage off centerline or right-of-way line to ensure the placement of the proposed utility facility can be accommodated.

115.4(2) Number of crossings. The number of utility facilities crossing the primary road rights-of-way shall be kept to a minimum. The department may require distribution facilities to be installed on each side of the road 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 road alignment as practical.

115.4(3) Clear zone requirements and aboveground obstructions. The department will determine the clear zone distance and cause all obstructions within the clear zone of the primary road rights-of-way to be removed pursuant to Iowa Code sections 318.4 and 318.5. (See Exhibits E-4 through E-7.

a. On rural-type roadways, a permanent, aboveground obstruction is to be situated as near to the right-of-way line as practical in an area beyond the clear zone or the road foreslope, whichever area locates the obstruction a greater distance from the edge of the traveled way, right-of-way width permitting.

b. On urban-type roadways, the face of a permanent, aboveground obstruction is to be situated no closer than 10 feet from the back of the curb. In areas with parking or auxiliary lanes, an aboveground obstruction is to be situated no closer than 2 feet behind the back of the curb or a minimum of 10 feet from the edge of the traveled way, whichever location is farther from the traveled way.

c. Poles, guys, anchors and related appurtenances shall be situated away from roadway shoulders, the foreslope, the flowline of ditches, and drainage structure openings in an area that minimizes interference with department maintenance operations.

d. Pedestals, cabinets, vaults, hand holes or similar appurtenances should be placed 1 foot from the right-of-way line. The number of installations is subject to district representative approval.

https://www.legis.iowa.gov/docs/ico/chapter/318.4.pdf https://www.legis.iowa.gov/docs/ico/chapter/318.5.pdf

Utility Accommodation Policy 11 Rev. June 2025

e. If sufficient right-of-way is not available to accommodate the clear zone distance, the department may require the use of breakaway devices, self-supporting poles or towers, double-arming and insulators or dead-end construction; require regrading of the rights-of-way; require the utility facility to be located underground; or authorize the utility facility to be placed near the right-of-way line. The district representative may approve the adjustment of minimum setback distances for poles and other appurtenances that have a breakaway design.

f. Additional clear zone requirements for freeways are included in subrule 115.13(2).

761—115.5(306A) Scenic enhancement.

115.5(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 roads and adjacent areas.

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 rights-of-way of primary roads that pass through or are adjacent to these areas.

115.5(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 road user and if it does not impair the visual quality of the area being traversed.

115.5(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—115.6(306A) Liability. The following are conditions of a permit:

115.6(1) The utility owner. The utility owner will defend, 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 utility owner’s use or occupancy of the primary road rights-of-way or noncompliance with rule 761—115.19(306,306A) to rule 761—115.24(306A).

https://www.legis.iowa.gov/docs/iac/rule/761.115.19.pdf https://www.legis.iowa.gov/docs/iac/rule/761.115.24.pdf

Utility Accommodation Policy 12 Rev. June 2025

115.6(2) The state of Iowa. 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 road rights-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 or 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.

761—115.7(306A,320) Utility permit. (See Exhibit E-2.)

115.7(1) Applicant contact. The permit request is to include contact information for the utility owner or utility owner’s designated representative.

115.7(2) Permit.

a. At a minimum, a utility permit allows:

(1) The applicant or the applicant’s contractor to perform the work covered by the permit.

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

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

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

115.7(3) Plan. Each permit request is to be accompanied by a plan. The plan shall include all of the following that are applicable to the installation:

a. Location of the utility facility by route, county, section(s), township(s), range(s), reference post and primary road stationing, where these references exist.

b. Primary road centerline and rights-of-way limits.

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

(1) Centerline of the primary road on nonfreeway installations.

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

d. Applicable construction details, including the:

(1) Depth of burial.

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

(3) Type and size of the utility facility, including proposed operating pressures and voltages, number of cable pairs and fiber counts.

(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.

Utility Accommodation Policy 13 Rev. June 2025

115.7(4) Discharging into waterways.

a. A permit request for the placement of a utility facility that will discharge materials into the nation’s waters is to 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 these approvals. The department may withhold a permit until these approvals are obtained.

115.7(5) Department action on permit request.

a. The department will act on the permit request within 30 days after the filing of the permit request with all necessary and accurate information. If an emergency should exist, the department will act on the request 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 taking final action on the request.

115.7(6) Changes to work. Changes in the work as described in the original permit require the prior approval of the department and shall be documented in a revised permit and utility as-built plan pursuant to subrule 115.7(8).

115.7(7) Department-issued permit. The utility owner or the utility owner’s designated representative is to have a complete copy of the department-issued permit in paper or electronic form, including attachments, at the construction site at all times for examination by the department. Failure to have the approved permit and attachments on site shall result in the department halting work until the issued permit is produced.

115.7(8) As-built plan.

a. Within 90 days after completion of construction, the utility owner is to submit to the department an as-built plan in an electronic format in accordance with department specifications.

b. If the utility owner fails to submit the as-built plan within the time required, the department may hire an independent contractor to locate the utility facility and prepare an as-built plan. 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.

115.7(9) Transfer of permit. A new utility 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 primary road rights-of-way and serve the intended purpose. The transferee or lessee is to submit the following information to the appropriate district representative:

Utility Accommodation Policy 14 Rev. June 2025

a. The name, mailing and email address and telephone number of the transferee or lessee.

b. Geographical area involved in the transaction.

c. Permit numbers or issued permit documents for utility facilities within the geographical area.

115.7(10) Term of permit. Except for permits for longitudinal occupancy of freeways as outlined in subrule 115.15(11), an issued permit will continue in perpetuity or until future maintenance or construction of the primary road requires an adjustment of the utility facility (more information contained in paragraph 115.3(2)“b”).

761—115.8(306A) Traffic protection.

115.8(1) Traffic control for all work.

a. When performing work within the rights-of-way, the utility owner is responsible for traffic control operations, including but not limited to providing, installing, maintaining and cleaning warning signs and protective devices; removing warning signs and protective devices when the work is complete; and providing certified flaggers.

b. Traffic control operations shall utilize department standard road plans for traffic control available on the department’s website, www.iowadot.gov/consultants-contractors/design/standard-road-plans.

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

115.8(2) Traffic control for construction and maintenance work that is not emergency work.

a. The utility owner is responsible for ensuring the use of traffic controls that are adequate for the nature, location and duration of work; type of roadway; traffic volume and speed; and potential hazards. The utility owner is to provide a ten-day notice to 511 of any lane restrictions or traffic closures.

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 are to be used as required by the MUTCD.

Utility Accommodation Policy 15 Rev. June 2025

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. Pedestrian detours, including those to accommodate persons with disabilities (Americans with Disabilities Act of 1990 (ADA) as amended by the ADA Amendments Act of 2008 (P.L. 110-335), codified at 42 U.S.C. 12101 et seq.), may be required at the discretion of the district representative. Repairs (temporary or permanent) to damaged sidewalks should be made quickly. This may include bridging with steel plates or good quality wood supports.

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 and, in a city, with the city’s traffic or public works office.

115.8(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 is responsible to 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 is to be equipped with an amber revolving light or amber strobe light, portable signs and channelizing devices, and necessary equipment for flagging operations.

761—115.9(306A) Construction responsibilities and procedures.

115.9(1) Permit required before work may begin. The utility owner shall not commence construction work in the primary road rights-of-way until the utility owner has received a fully approved and issued permit from the department.

115.9(2) Notice of construction. The utility owner shall give the district representative at least 48 hours’ prior notice of the utility owner’s intent to start construction within the rights-of-way.

115.9(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.

b. During the progress of the work, the district representative may approve minor alterations in the plan or character of the work 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.

Utility Accommodation Policy 16 Rev. June 2025

115.9(4) Work in progress. The utility owner is responsible for the care and maintenance of partially completed work within the rights-of-way. Unless otherwise authorized by the permit or the district representative, all work performed within the rights-of-way is to be accomplished within the time frame of 30 minutes after sunrise to 30 minutes before sunset.

115.9(5) Department inspection.

a. The department may inspect any permitted work performed within the rights-of-way.

b. If the department finds performance of permitted work is not in compliance with the issued permit, the department will provide to the utility owner written notice of the defects found. The utility owner is to perform any rework or removal as ordered by the department in the time frame established by the department.

115.9(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 may 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.

115.9(7) Repair and cleanup. Prior to the department’s final inspection, the utility owner is to:

a. Upon notification by the department, make any repairs to the rights-of-way that are necessary due to the construction work, including but not limited to shoulder and pavement repairs within the time frame established by the department.

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

c. Make arrangements for repair or compensation for any damage to another utility facility or tile line found to have been caused by the utility owner’s actions. (See Exhibit E-10.)

115.9(8) Completion of work.

a. The utility owner is to notify the district representative upon completion of work.

b. Upon notification by the utility owner that the work is complete, the department may inspect each item of work included in the permit as set out in subrule 115.9(5).

Utility Accommodation Policy 17 Rev. June 2025

761—115.10(306A) Vertical overhead clearance requirements.

115.10(1) Conformance to standards. The vertical clearance for overhead utility facilities and the lateral and vertical clearances for bridges are to conform to generally accepted industry standards as well as applicable codes and regulations.

115.10(2) Minimum vertical clearance. (See Exhibits E-8 and E9.)

a. In no event shall the vertical clearance be less than 20 feet above the roadway for all overhead utilities.

b. Utility facility attachments to existing utility-owned poles are to be documented in an agreement or statement between the applicant and the pole owner authorizing the attachment for all poles not owned by the applicant and included in the permit request.

c. When a primary road detour has been established utilizing local jurisdiction roadways and streets, the minimum vertical clearance shall be applied to the temporary detour route at no cost to the department.

761—115.11(306A) Utility facility attachments to bridges.

115.11(1) Department determination. Utility facilities may be attached to an existing primary road bridge if the department determines that the attachment is in the best interests of the public. The department may accommodate utility facility attachments or conduits in the department’s design for a new bridge if the department determines that the accommodation is in the best interest of the public.

115.11(2) Method and weight of attachment. The plan identified in subrule 115.7(3) is to show the method and weight of attachment. A separate permit is required for each bridge.

a. All attachments are to be placed in conduits, cells, pipes or trays; beneath the bridge’s floor;

inside the outer girders or beams; and above low steel or masonry of the bridge.

b. Department-approved clamps are to be used for any attachments to structural steel.

Attachments are to be designed to withstand expansion or contraction forces.

c. If necessary, expansion devices, such as expansion joints, offsets or loops, shall be used.

Utility facilities in cells or casings are to be grounded wherever necessary.

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

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

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

Utility Accommodation Policy 18 Rev. June 2025

115.11(3) Attachment considerations.

a. Carrier pipe is to be suitably insulated from electrical power line attachments.

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

c. Pipelines that have an operating pressure of more than 75 pounds per square inch or that are larger than 2 inches in diameter are to have shutoffs not more than 300 feet from each end of the bridge.

d. The department will consider pipeline attachment 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.

e. The utility owner is to provide an indemnity bond to be executed by either itself or by a responsible bonding company, at the…