Public Utility Easements (PUE's) relating to liability issues - DOC by wac10965

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									                   PERMIT FEE FOR USE OF RIGHT OF WAY


                                      Requested by: Vermont
                                 Survey Deadline: January 16, 2007
Question:
Vermont asks:

Vermont is considering charging fees for our highway permits—and Chuck Schmidt of New
Hampshire DOT said you would be able to help me gather information through AASHTO to
understand what other states are presently doing in this regard. If this is correct, I thank you in
advance for you assistance in the matter!

Under Vermont Statutes, Title 19, Section 1111, a permit is needed for nearly any activity in or
directly affecting the right-of-way, including (but not necessarily limited to) utilities, creation or
modification of a drive, placement of fences or structures, placement or grading of earthen
material, discharge of water, or nearly anything else that would affect the right-of-way. Within the
rights-of-way that the State owns, then only activities that are consistent with the highway function
are allowed in any part of the right-of-way—such as non-exclusive maneuvering or parking by the
traveling public. If the area is highway easement, then the State can prohibit private activities that
present hazards or are otherwise inconsistent with highway functions. Outside of limited-access
facilities, all public utilities have statutory rights to the use of public rights-of-way for the
placement of utility facilities—subject to obtaining a permit from the Agency.

The State has never charged fees under Section 1111 for installations or work in the highway
rights-of-way; although, we have begun preliminary discussions about the possibility of seeking a
fee structure for issuance and administration of these Section 1111 permits. In my mind we spend
a considerable amount of time and effort on permits—upwards of 1,000 a year—and a fee
schedule could be a way to offset at least some of our expenses. On significant projects we do
presently require the town or developer to enter into an Inspection Agreement to pay the salary,
subsistence and traveling expenses of a State inspector assigned to supervise the work
authorized under a permit.

This may not be a new or unique issue but we are interested in knowing what other states may
charge and here are my questions

1. Is there a permit processing fee for work within the right-of-way?

        2. If yes, what does it cost?

Please let me know if you have any questions, or need anything else? Thank you.

Craig

Craig Keller, PE

Chief of Utilities and Permits

Vermont Agency of Transportation
Program Development Division - Utilities and Permits Unit

One National Life Drive

Montpelier, VT 05633-5001

Telephone (802) 828-2485

Fax (802) 828-5742

mailto:craig.keller@state.vt.us




                                          OREGON

Oregon DOT had a Permit Fee for the last 4 years, however, the law that established
the basis for having a fee was overturned through a legal challenge. The fee schedule
and Administrative Rule is attached for your use. Please feel free to call if you have
further questions.

Matthew C. Caswell, PE, PLS

State Utility Engineer

503-986-3658


                                           NEVADA

Nevada does charge permit fees and can obtain reimbursement for the department's
costs. We have seven categories of encroachment permits with different fees.

 It might be easier if I send you some material. Can you provide your address and
telephone number please?

Thanks. Heidi Mireles

         Chief R/W Agent


                                          MISSOURI

Missouri does not charge for permits at this time.

Jim Zeiger

Technical Support Engineer

James.Zeiger@modot.mo.gov

573.522.5994
                                        MICHIGAN

The Michigan DOT charges permit fees that vary based on the type of work requested.
Our permit fee schedule is attached to this message. The fees have remained constant
since 1995. We have made several attempts to increase them, but have been
unsuccessful to this point.

Mark A. Dionise, P.E.

Michigan Department of Transportation

Utility Coordination and Permits Engineer

(517) 373-7682


                                              OHI

Ohio does not charge for utility permits...

G. Raymond Lorello

Utility & R/W Program Manager

Ohio Department of Transportation

1980 West Broad St.

Columbus, Ohio 43223

614 466-2279

fax. 614 466-0158

Ray.Lorello@dot.state.oh.us


                                          TEXAS

In Texas utilities by statute can occupy state right of way free of charge.

Jesse R Cooper, RPLS

MSU Section Director

ROW Division

TxDOT

(512) 416-2874
                                          IOWA

Iowa does not charge for permits to allow working on highway right-of-way.


                                    NORTH DAKOTA

NDDOT has the permit and fees on line see below

http://www.dot.nd.gov/divisions/design/utilitypermits.htm



 Monte Dockter

Utilities Engineer

North Dakota Department of Transportation

608 East Boulevard Avenue

Bismarck, ND 58505-0700

Voice: (701) 328-2162

Fax: (701) 328-0310

mdockter@nd.gov


                                     WASHINGTON

Costs.

       (1) The applicant shall pay the reasonable cost to the department for investigating,
handling and granting the franchise or permit, including but not limited to fees of hearing
officers and reporters, including basic overhead charges upon the application and for
providing an inspector during construction and/or maintenance of the utility facility as
follows:




For permit/franchise/amendment

      Category 1     $500.00
      Category 2      $300.00

      Category 3      $150.00



For franchise consolidation       $300.00

For franchise renewal      $250.00

For franchise assignment          $50.00

together with an additional charge in the amount of expenses, if any, actually incurred by
the department: Provided, That no charge shall be made for applications for franchise or
permit where the applicant is the United States or any of its agencies, or a utility
anticipating relocation from its private easement acquired or to be acquired by the
department for construction or reconstruction of a state highway.



    (2) An equitable portion of the added costs of design and construction of highway
structures shall be charged to any utility company which is required to pay the costs of
relocation of its facilities and/or to any utility company making new installations.



Installation categories - Utility installations will be defined by the effect the installation will
have on the highway integrity and impact to the traveling public.



   (a) Category 1 installations have considerable impact on highway facilities and the
public and will require a detailed review effort by more than one department office.



   (b) Category 2 installations have limited impact on highway facilities and the public
and may require review by more than one department office.



   (c) Category 3 installations have little or no impact on highway facilities and the public
and will be reviewed only by the office processing the application.



     (d) Category 4 installations are same-side service connections below a specified size
(see application instructions) and are exempt from the permit/franchise process except
in limited access controlled areas.
In addition to the fees noted above,
We also recover our costs for review and processing of the application, and for field insp
ection of the utility installation.



Tom Swafford

Utilities, Railroad & Agreements Manager

Washington State Department of Transportation

PO Box 47329

Olympia, WA 98504-7329

360-705-7237


                                         VIRGINIA

In response to your request "VDOT" Virginia Department of Transportation charge a
permit fee and surety in accordance with Land Use Permit Manual as stated below. In
Virginia a permit is required for any activity in or directly affecting the right-of-way,
including utilities, creation or modification of a drive, placement of fences or structures,
placement or grading of earthen material, discharge of water. The initial permit charge is
$40 plus additive(s), below are examples in how to calculate the permit fees.

Under section of the code 24VAC30-150-20. General rules and regulations of the
Commonwealth Transportation Board.

B. No work of any nature shall be performed on any real property under the ownership,
control, or jurisdiction of the board, including but not limited to, the right of way of any
highway in the system of state highways until written permission is first obtained from the
commissioner. Written permission, under this section, is granted by way of permit except
that the letting of a contract by and between the department and any other party grants
to that party automatically the permission spoken of in this section for the area under
contract, unless otherwise stated in the contract. The Land Use Permit Manual shall set
forth specific requirements for such permits.

E. No land use permit shall be issued until the applicant has complied with the
restrictions, specifications, and fee requirements set forth in the Land Use Permit
Manual, where applicable, and pursuant to the Manual of "Minimum Standards of
Entrances to State Highways", when applicable. The manuals referred to are those
prepared and published by the board or commissioner and kept on file in the central,
district, and resident offices of the department, changes to which must be adopted or
ratified by the board.
        24VAC30-150-290. Requirements for permit charges, bonds and guarantee fees,
irrevocable letters of credit.

District administrators and resident engineers should determine the amount of time and
cost of handling permits for the various operations and should require permit charges,
bond fee, guarantee fees, irrevocable letter of credit amounts, that are commensurate
with the installation involved. It should be noted that the minimum charges for permit
fees, recommended bond guarantee fees and irrevocable letter of credit amounts are
just that, minimum recommended fees and amounts. The resident engineer is
responsible for setting the fees to cover whatever work is done under permit at an
amount that he feels will adequately cover the department's cost to process and inspect
the permit or recover whatever costs are incurred due to default by the permittee to
complete the work. It is the responsibility of the permittee to obtain the necessary
bonding coverage.

If the permit is to be issued for more than one type of installation, (for example, parallel
facility and a highway crossing) the permit charge should be computed by combining the
charges required for both types of installation. The initial permit charge (major
installation) plus whatever additive (minor installation) charges that may be required for
other installations involved with the permit application, shall constitute the permit fee.
When computing cost for a major installation, if there is more than 100 feet or one pole,
entrance, fire hydrant, etc., there will be no additional charge for the first 100 feet pole,
etc., but the additive permit charge will come into affect on the second 100 feet pole,
etc., for the major installation. On all minor installations, the additive charges shall be
assessed on the first 100 feet pole, etc.

Attachment charges shall be assessed for any attachment to an existing or proposed
pole line covered under a permit where one utility or TV cable company is proposing to
ride the poles of another company. A separate permit shall be obtained by the riding
company and initial and additive permit fees shall be charged.

Permit fees for underground installations are computed as follows:

Parallel installation

a. Up to 3,000 lin. ft. normal permit charge will be assessed, plus $5 additive permit
charge for each additional hundred feet or fraction thereof.

b. Over 3,000 lin. ft. normal permit charge shall be assessed, plus the permittee shall
pay full salary and expenses of an assigned inspector.

                        EXAMPLES OF PERMIT COMPUTATIONS

EXAMPLE: (A) 200 feet of parallel underground installation, one crossing and one pole.

200 feet = initial permit charge of $40 + additive underground charge of $5 = $45

1 crossing = additive crossing charge = $5

1 pole = additive pole charge = $5
Total $55

EXAMPLE: (B) 2,000 feet of parallel underground installation, one crossing and one
pole.

2,000 feet = Initial Permit Charge of $40 + additive underground charge of $95 = $135.

1 crossing = additive crossing charge = $5

1 pole = additive pole charge = $5

Total = $145

Statutory Authority

§33.1-12 of the Code of Virginia.

Historical Notes

Derived from VR385-01-16 §1.0680; eff. November 15, 1983.

24VAC30-150-300. Schedule of permit charges.

1. Unless otherwise stated, the Initial Permit Charge shall be $40 minimum plus the
"Additive Unit Charges" covered in 24VAC30-150-310, if any.

2. The following is a list of Special Permit Minimum Charges:

a. Blanket Permits for   $100 per District,

  house service connec- per road system

  tions, logging roads. (primary and (secondary)

b. Special Use Permit    $100 each

  (any permit in

  which a Special

  Agreement has to be

  drafted), Land Use

  Permits (CE-6B)

c. Building Movements     $50 each

d. Private Entrances     $40

  (when permit surety
  coverage is required)

Statutory Authority

§33.1-12 of the Code of Virginia.

Historical Notes

Derived from VR385-01-16 §1.0681; eff. November 15, 1983.

24VAC30-150-310. List of additive permit charges.

Type of Structure       Minimum Unit Charges

a. Additive above       $5 per structure

  ground structure

  (including poles,

  pedestals, fire

  hydrants, towers,

  etc.)

b. Additive pole       $5 per attachment

  attachment

  charge

c. Minor overhead         $5 per crossing

  guy charge

d. Additive guy        $5 per guy and anchor

  and anchor

  charge

e. Additive under-     $5 per 100 lin. ft.

  ground charge

f. Additive overhead      $5 per crossing

  or underground

  crossing charge
g. Additive excava-        $5 per opening

  tion charge

  (includes test

  borings & emergency

  openings)

h. Additive bridge        $2 per lin. ft.

  attachments charge

i. Additive entrance       $5 per opening or

  charge (includes         crossover

  private, commercial,

  street or road tie-

  ins, medium cross-

  overs, subdivision);

  and logging entrances

  (when not in conjunc-

  tion with blanket

  Permit)

j. Additive telephone      $5 per booth

  booth charge

k. Additive surveying      $5 per route, per

  charge                county

l. Additive connection     $5 per connection

  charge (when not in

  conjunction with

  blanket permit)

m. Additive road          $5 per 100 lin. ft.
  construction

  or reconstruc-

  tion charge

n. Additive side-       $5 per 100 lin. ft.

  walk, curb and

  gutter

Statutory Authority

§33.1-12 of the Code of Virginia.

Historical Notes

Derived from VR385-01-16 §1.0682; eff. November 15, 1983.

24VAC30-150-320. No-fee permits.

The following is a list of permits in which no permit fee is charged, provided the
permittee is a federal, state or local governmental agency:

Crest stage gauge installations, shelters - school bus, share-the-ride, etc., water level
recorders, access to public fishing waters, fencing, public boat landings, service roads
(constructed by Virginia Department of Transportation), trash containers, National Park
Service signs, national military park signs, school warning beacons, fire warning signals,
railroad active warning devices, historical markers, banners, tree planting, decorations.
NOTE: Private entrances (where bond is NOT required) do not require permit fee.

Statutory Authority

§33.1-12 of the Code of Virginia.

Historical Notes

Derived from VR385-01-16 §1.0683; eff. November 15, 1983.

Cross References

Permit charges upon state or federal government, 24VAC30-150-220.

24VAC30-150-330. Guarantee fee, performance and continuous bond fees;
irrevocable letters of credit.

The following is a list of guarantee fee (G.F.), performance bond fees (P.B.F.) and
continuous bond fees (C.B.F.) and irrevocable letter of credit (I.L.C.):

A. All publicly or privately owned utility companies, T.V. cable companies, service
authorities, municipalities, counties, etc., installing, operating and maintaining facilities
within the highway rights of way, shall secure and maintain a continuous bond,
resolution or ordinance in the case of governmental bodies in the minimum amount of
$10,000 per county in which they operate.

  Type of Structure          Recommended Minimum Coverage

B. Entrances

  1. Private Entrance        $500 per opening G.F.

     (where surety         or P.B.F.

     coverage is

     required)

  2. Commercial             $2,500 per opening,

                      G.F., P.B.F. or I.L.C.

  3. Logging Roads            $1,000 per opening,

                      G.F., P.B.F. or I.L.C.

  4. Logging Roads            $10,000 C.B.F.

     (Blanket)

  5. Subdivision           $2,500 per opening,

     Streets             G.F., P.B.F. or I.L.C.

C. Miscellaneous Permits

  1. Construction or         As determined by the

     reconstruction        resident engineer,

     of roads, bridges      G.F., P.B.F., C.B.F. or

     and drainage           I.L.C.

     structures

  2. Farm Ponds              As determined by the

                      resident engineer, G.F.,

                      P.B.F. or I.L.C.

  3. Median Cross-           $2,500 each G.F.,
  over               P.B.F. or I.L.C.

4. Railroad Grade            $1,000 C.B.F.

  Crossings

5. Chutes (coal             $5,000 C.B.F.

  mines, gravel

  pits, etc.)

6. Pedestrian Under-          As determined by the

  pass               resident engineers,

                   C.B.F.

7. Surveying on             $1,000 per route, per

  right of way         county, C.F., P.B.F. or

                   I.L.C.

8. Steps, side-         $2,500 G.F., P.B.F. or

  walks, curb and           I.L.C.

  gutters, etc.

9. Tree Trimming             $2,500 C.F., P.B.F. or

  (when not issued           I.L.C.

  in conjunction

  with regular

  permit)

10. Landscaping, tree         As determined by

  planting, etc.       the resident engineer,

                   G.F., P.B.F., or

                   I.L.C.

11. Service roads            $10,000 G.F., P.B.F.

  (constructed by           or I.L.C.
   permittee)

12. Special Use Per-           As determined by the

   mits (any permit          resident engineer,

   in which a special        C.B.F., G.F., P.B.F.

   agreement has to           or I.L.C.

   be drafted)

13. Land Use Permits            As determined by the

                    resident engineer,

                    G.F., P.B.F.,C.B.F. or

                    I.L.C.

14. Fencing                $1,000 per 100 lin.

                    ft., C.B.F.

15. Trash Container            $1,000 per site,

                    C.B.F.

16. Railroad Active           $1,000 each cross-

  Warning                 ing, C.B.F.

17. Banners and Decora-           $250 G.F.

   tions

18. Test borings (when          $1,000 each opening,

   not associated with        G.F., P.B.F. or

   publicly or privately I.L.C.

   owned utility, etc.)

19. Waterlines, sewer          $1,000 per cross-

   lines, irrigation,     ing, P.B.F., G.F.

   pipe, etc., (See        or I.L.C.

   24VAC30-150-260
     (A) paragraph 4)

Statutory Authority

§33.1-12 of the Code of Virginia.

Historical Notes

Derived from VR385-01-16 §1.0684; eff. November 15, 1983.

24VAC30-150-340. Assignment of an inspector.

When deemed necessary by the Department of Transportation due to the nature or
extent of the work involved, traffic volumes, local conditions, etc., may assign an
inspector to the work in which case a fee of $40 shall accompany the permit application,
and permittee shall pay full salary and expenses of an assigned inspector or inspectors
when warranted.

If additional information is needed, please let me know

Thanks

Mutaz Alkhadra

Asset Management

Mutaz.alkhadra@vdot.virginia.gov

PH:(804)662-9403

FAX:(804)662-9426


                                      DELAWARE

Delaware does not charge fees for utility premits.

Thanks,

Francis J. (Fran)Hahn, PE, AICP, Utilities Engineer

Delaware Department of Transportation

302-760-2269


                                         IDAHO

Response from the Idaho Transportation Department

1. Is there a permit processing fee for work within the right-of-way? Yes
2. If yes, what does it cost? $50 per permit



Additional Information from the Idaho Transportation Department:

The Idaho Transportation Department is divided into 6 Districts, each district issues
permits within the District. If an utility owner wants to install a facility between 2 Districts,
then 2 separate permits are required and 2 separate permit fees. Permits are required
whenever an utility owner wants to access the right-of-way of the Idaho Highway
System. The Idaho Transportation Department issues "maintenance" permits for
existing utility facilities at no cost to utility owners. If an existing utility facility is relocated
because of a road improvement project, the Idaho Transportation Department issues a
no-cost permit to each affected utility owner. When a utility owner makes betterments
to or relocates existing facilities or installs new facilities a permit & fee is required.

Permits are issued for each road of the Idaho Highway System, regardless of the length
of utility facility being installed; therefore an utility owner may install a facility along a
road from edge to edge of one District under 1 permit.

The Idaho Transportation Department used to require separate payment for each permit
be included with each permit application. The Idaho Transportation Department has the
past several years allowed an "account" to be established for individual utility owners for
payment of permits on a monthly basis (one payment a month). This program has been
successful in reducing costs for utility owners and the Idaho Transportation Department
because a majority of permits are issued to a handful of utility owners (major utility
owners who operate basically statewide).

The Idaho Transportation Department has determined its costs are more than $50 to
issue a permit. The Idaho Transportation Department has been trying to raise the permit
fee to a minimum of $100 with additional costs based upon length of utility facility being
permitted, but this requires approval from the Idaho State Legislature (which has not
been supportive to date). Also permit fees collected by the Idaho Transportation
Department go into the "general fund" of Idaho and are not returned to the Idaho
Transportation Department; another issue the Idaho Transportation Department has not
found Idaho State Legislature support in changing.

Robert Linkhart

Idaho Transportation Department

(208)334-8492


                                           TENNESSEE

TnDOT
TDOT by statute can recover administrative costs for the issuance of utility permits. This
issue has been reviewed many times, and the additional time and the establishment of
accounting procedures does not appear to warrant an effort to collect an administrative
fee. TDOT issues approximately 4,000 permits statewide with 5 permit coordinators,
and 12 assigned utility inspectors. Promulgated rules do allow TDOT to recover
inspection cost. Generally inspection costs are not recovered.

Given circumstances where a utility installation is complex, and or there is a history of
"problems" with the permitee, TDOT has recovered staff costs for inspections. The
TDOT accounting office bills the utility for the burdened staff costs. We are still
considering contract consultant inspections, and recovering the fee for the consultant
costs.

Joe Shaw

TDOT Utilities Office

Suite 600 JK Polk Bldg.

Nashville, TN 37243-0337

E-mail: joe.shaw@state.tn.us

Phone: 615.741.2891

Fax: 615.532.1548

CELL: 615.202.7268


                                       KENTUCKY

 Kentucky: As note below we do not charge a fee. In some cases which involve
application for adding new access point of access controlled facilities we charge for in-
house division review and for appraisals. These divisional review charges are for time
and expenses.

No encroachment permit fee. Only a charge for administrative services (changes made
by specific Divisional reviews, etc.and these only apply to certain types of
applications...breaking access control, appraisals .....any process that requires an
account to be set up)


                                      CALIFORNIA

Yes, according to Code, the Department may set it's own fee schedule but recover no
more than the actual cost of issuing permits. Currently, we ONLY charge private entities
(cities and counties are not charged).

Currently, we are set at $82/hour for review or inspection of permits.
Permits that are denied are not charged.

Lorrie L. Wilson

Office of Organizational Development and Utility Relocations Division of Right of Way
and Land Surveys

916/653-2132

ATSS 8-453-2132


                                     WISCONSIN

No permit fee for non-access-controlled highways in Wisconsin.

Ernest J Peterson

Utility/Access Management Engineer

Wisconsin Department of Transportation

P O Box 7916 Room 651

Madison WI 53707-7916

608-266-3589


                                       ALASKA

Encroachment Permits – Application fee $100 / Annual fee - if AK State owns underlying
fee then charge Market Rent – if AK State only has a surface easement then $100
annual administrative fee

TODS – Application fee $100 / Permit fee $400 / Renewal fee $300



RICA – Application fee $100 / Permit fee $400 / Renewal fee $300



LOGO – Application fee $100 / Permit fee $4,500 / Renewal fee $1,000



Memorial Signs - – Application fee $0 / Permit fee $0 / Renewal fee $0



Kiosks – Application fee $100 / Permit fee $400 / Renewal fee $300
Driveway and Approach Road Permit – Application fee $100 / Performance Deposit
$500 (refundable)



Utility Permits – Major $400

Utility Permits – Minor $50

Utility Permits – Footage - $0.25/foot with a $2,500 cap



We are beginning a regulations project and propose that Utility Permit fees be changed
to:

Utility Permits – Major $600

Utility Permits – Minor $100

Utility Permits – Footage - $1.00/foot with no cap



Best regards,



Rick Kauzlarich

Alaska DOT&PF State Right of Way Chief

3132 Channel Drive

Juneau AK 99801-7814

907 465 6962 / 800 467 6955 / Fax 907 465 5240


                                      MINNESOTA

In Minnesota, permits are required in order to work in the right of way but no permit
processing fees are charged. We do require continuing surety bonds and/or cashier's
checks for most permits in order to cover any damages or restoration required on the
right of way after utility installation.

Marilyn Remer

Utilities Engineer
Mn/DOT, Office of Technical Support

395 John Ireland Blvd., Mailstop 678

St. Paul, MN 55155-1899

Phone (651) 296-7018, Fax (651) 296-9868 marilyn.remer@dot.state.mn.us


                                        VIRGINIA

Virginia Department of Transportation

We charge a nominal fee - $40 for a permit to use or cross VDOT right of ways.

Greg Wroniewicz, PE

State Utility Engineer

804-786-2931


                                  NORTH CAROLINA

NC does not charge permit fees.

Robert Memory


                                        MONTANA

Montana does not charge for utility permits



Walt Scott

Supervisor - Utility Section


                                       OKLAHOMA

Oklahoma charges $5.00 to issue a utility permit. We have considered increasing the
fee, but have not done so as of yet. We have determined that it costs approx. $300.00
to $400.00 to actually process a permit.

Kurt A. Harms

Chief, Right-of-Way & Utilities

Okla. Dept. of Trans.
200 N.E. 21st Street

Okla. City, OK 73105

(405)521-2661 Office

(405)522-1858 Fax


                                        HAWAII

Hawaii DOT Highways does not charge fees for permit plans. We do ask for
reimbursement for costs for certain appraisal work for access rights.

Jeff


                                      MISSISSIPPI

1. Is there a permit processing fee for work within the right-of-way? Mississippi DOT
Charges for vegetation cuts in front of permitted Outdoor Advertising Signs.

2. If yes, what does it cost? The cost is $ 50.00 per site



FYI – Mississippi also charges for the Outdoor Advertising Permit itself; however
the permits are for signs located Off Right if Way. The charge is $85.00 permit
application fee plus a $ 20.00 per year renewal fee.



Kenneth E. Hauser, EIT

Maintenance Division

Mississippi Department of Transportation

phone (601)359-7117 / fax 7126

								
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