Current through Register Vol. 28, No. 3, September 1, 2024
1.1 Purpose and
Objectives
1.1.1 The mission of the State of
Delaware's Department of Transportation (DelDOT) is excellence in
transportation every trip, every mode, every dollar, and everyone. DelDOT
supports that mission by developing, constructing, and maintaining the State's
infrastructure in a manner that results in a safe, cost-effective, and
efficient multi-modal transportation network that enhances mobility commerce,
and livability. Proficient management and utility installation design in close
coordination with utility owners are essential to construct and maintain the
transportation network safely and effectively.
1.1.2 The purpose of this regulation is to
prescribe policies and procedures for adjusting, relocating, and accommodating
utility facilities and private lines within the public right-of-way of
DelDOT-maintained highways and streets, including any utility work related to
highway project construction in the right-of-way of DelDOT-maintained streets
and highways. These regulations establish guidelines that affect the
relationship between DelDOT and any entities seeking to place utility
facilities within the rights-of-way of highways and streets maintained by
DelDOT.
1.1.3 This regulation has
been prepared to accomplish the following objectives:
1.1.3.1 Provide standard arrangements to
install permitted utilities along DelDOT maintained highways and relocate or
maintain utilities due to DelDOT projects.
1.1.3.1 Minimize utility work delays and
interference for DelDOT projects, highway contractors, or other
utilities.
1.1.3.3 Prevent service
disruptions, utility facility damage, and hazardous conditions.
1.1.3.4 Ensure standards, specifications, and
environmental considerations are met.
1.1.3.5 Ensure proper performance and
high-quality utility work, along with accurate and timely reimbursement to
utility companies when appropriate.
1.1.3.6 Outline procedures and conditions for
federal reimbursement when utility work is part of a federal-aid
project.
1.1.3.7 Outline procedures
and conditions necessary for state reimbursement of utility work when
circumstances, agreements, and Delaware code govern.
1.1.4 The information in this regulation
applies to all public and private facilities, including but not limited to
electric power, telephone, communications, cable TV, lighting, water, natural
gas, oil, petroleum, steam, chemicals, sewage, drainage, irrigation, and
similar lines located along roadways that are maintained by or otherwise
located within state highway rights-of-way under DelDOT's jurisdiction.
Underground, surface, and overhead facilities - whether singular or in
combination - are also covered by this regulation.
1.2 Statutory Authority
1.2.1 The Delaware Code provides DelDOT with
the authority and responsibility to regulate the use of all utilities within
rights-of-way of highways and streets maintained by DelDOT.
1.2.2 DelDOT has the legal authority to
control the use of rights-of-way of DelDOT-maintained highways and
streets.
1.2.3 The "Delaware State
Highway Department" was established into law on April 2, 1917. Chapter 166 of
the 1935 Code amended the original act that created the Highway Department. The
legislature enacted additional amendments, including Title 17 of the Delaware
Code, on February 11,1953. These were approved by the governor on February 12,
1953, and included all prior amendments as well. This act provides State of
Delaware authorization to participate in acquiring rights-of-way, placing new
utilities, and adjusting existing utilities.
1.2.4 Title 26 of the Delaware Code (1953)
provides state authorization to control new installations of pipes, conduits,
and wires above or beneath public roads.
1.2.5 Section 143, Title 17, of the Delaware
Code established by law on January 16, 1962, made the state responsible for the
entire cost of altering or relocating utilities within public highway
rights-of-way when the utility facilities are owned or operated by a
municipality, government body, or subdivision of the state when the altering or
relocating of utilities is necessitated by highway construction,
reconstruction, relocation, repair, or maintenance undertaken by
DelDOT.
1.2.6 Section 132, Title
17, of the Delaware Code (1966) provides for the state to reimburse the owner
for the expense of relocating public utility facilities for any project where
the state is to be reimbursed at least 90% of the project cost from federal
funds, by the federal government, or from any agency thereof. Such expense
shall be the amount paid by the owner that is properly attributable to the
relocation after deducting any increase in the new facilities' value and any
salvage value derived from the old facilities.
1.2.7 Section 143, Title 17, of the Delaware
Code, amended on June 29, 2004, allows DelDOT to negotiate alteration or
relocation agreements with public utilities to improve efficiency and
fairness.
1.2.8 The State of
Delaware's Court of Chancery's 1963 opinion in
Delaware Power &
Light Co. v. Terry, 194 A.2d 553 (Del. Ch. 1963) forms the basis on
which the state reimburses utility owners for the expense of relocating public
utility facilities on rights-of-way for which they hold title or have
permission or easement for occupancy, as necessitated by any project (Title 2
Transportation, 2400 Division of Transportation Solutions/2401 Utilities Manual
Regulations).
[A copy of the Court of Chancery's 1963 Decision, 194 A.2d
553 is provided in Appendix F, located at
https://deldot.gov/Business/drc/manuals/utilities-manual-2022/appendix-f.pdf.]1.2.9 Adherence to DelDOT's policies,
practices, and procedures, along with the requirements described in the
Regulation, shall be undertaken with full knowledge of and compliance with
Chapter 8, Title 26, of the Delaware Code entitled Underground Utility
Damage Prevention and Safety. DelDOT's commitment to protect public
health and safety is essential and must always be
maintained.
1.3
Construction and Location Requirements. DelDOT shall have the right to review
and approve the detailed location and design of all utility installations,
adjustments, or relocations affecting the highway rights-of-way and will issue
permits for proposed utility work. Subsection 4.1 describes permitting
requirements in further detail.
1.4
Exceptions to Requirements. The utility company shall submit any request for
deviation from or exception to the standards described in this regulation to
DelDOT. The request shall be in writing and must include full justification
surrounding the hardship. The written justification and any other pertinent
information shall be sent for coordination and comment to DelDOT's District
Public Works Office for permit projects and the Utility Engineer for highway
projects. The process for requesting an exception is outlined in subsection
5.8.
1.5 Grandfathering. If utility
projects are bid to contractors, under construction, or there is a prior
publication of a utility regulation update, those facilities are not required
to meet the regulation's updated provisions. However, utilities shall abide by
the most current version of this regulation any time work is performed in
conjunction with existing or proposed facilities within the rights-of-way on
highways and street maintained by DelDOT.
1.6 Transmittal of Information. When the
utility companies are required to submit plans or other documents under this
regulation, they shall submit electronic files directly to DelDOT. When
utilities submit plans or other documents electronically, their systems and GIS
databases must be compatible with DelDOT's system for electronic file
transfer.
1.7 Sea Level Rise
1.7.1 In accordance with Exec. Order No. 41
(Sep. 12, 2013) (Gov. Markell), all state agencies must incorporate measures
for adapting to increased flood heights and sea level rise in the siting and
design of projects for construction of new structures and reconstruction of
substantially damaged structures and infrastructure. Such projects must be
sited to avoid and minimize flood risks that would unnecessarily increase state
liability and decrease public safety.
1.7.2 Utility projects shall also incorporate
measures to improve resiliency to flood heights, erosion, and sea level rise
using natural systems or green infrastructure to improve resiliency wherever
practical and effective, if the utilities are within an area mapped by the
Department Of Natural Resources And Environmental Control (DNREC) as vulnerable
to sea level rise inundation, the projects should be designed and constructed
to account for sea level changes anticipated during the lifespan of the
facility in addition to FEMA flood levels. Utilities should consider and
incorporate the sea level rise scenarios set forth by the DNREC Sea Level Rise
Technical Committee into appropriate long-range plans for infrastructure,
facilities, land management, land use, and capital
spending.
