Louisiana Administrative Code
Title 70 - TRANSPORTATION AND DEVELOPMENT
Part II - Utilities
Chapter 7 - Utility Operator Fees
Section II-703 - Procedure
Universal Citation: LA Admin Code II-703
Current through Register Vol. 50, No. 3, March 20, 2024
A. Following is the procedure for the processing of utility operator permit fees.
1. This fee only covers use of highway
right-of-way for utility facilities and driveways; it does not cover
attachments to structures, leasing excess property or joint use
agreements.
2. The fee shall cover
all utility facilities owned by the utility operator, regardless of how many
different types of facilities are owned by the operator.
3. If, as the result of a highway relocation
or other activity performed for the benefit of Department of Transportation and
Development, a utility operator that previously had no facilities within
highway right-of-way has facilities within highway right-of-way, this operator
shall maintain his prior rights, and shall not be liable for this fee, until
such time as he places additional facilities within the right-of-way.
4. Class 1 and Class 2 operators who own
facilities that cross highways perpendicularly, and that have no facilities
located longitudinally within highway right-of-way shall be exempt from this
fee.
5. Each operator shall include
in his application updated information which may affect the amount of his
invoice.
6. Each December the
Department of Transportation and Development shall invoice all known utility
operators with facilities located within state highway right-of-way.
7. Each operator shall pay the invoice in
full by January 31 of the following year.
8. One fee shall be paid by each owner,
regardless of how many divisions or types of facilities he owns.
9. Separate companies owned by the same
parent company shall each pay separate fees.
10. Issuance of permits to operators failing
to submit full payment by February 1 of each year shall be suspended. The
operator shall be notified of this deficiency, and shall have 60 days from the
date of this notification to submit payment in full. Facilities owned by
operators who fail to submit full payment within the 60-day notification period
shall be removed from highway right-of-way.
11. All payments shall be in a lump sum form,
and shall be paid by cashier's check, money order, or approved
alternative.
12. Upon receipt of
all monies, the Department of Transportation and Development shall deposit same
in the Right-of-Way Permit Processing Fund. All monies existing in this fund at
the end of each fiscal year shall be retained in the Right-of-Way Permit
Processing Fund and shall not be deposited in the General Fund
AUTHORITY NOTE: Promulgated in accordance with R.S. 48:381(E).
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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