Current through Register Vol. 18, September 20, 2024
(1) An applicant must apply for a utility
encroachment permit or utility occupancy agreement (collectively Utility
Permit) through the department's Utility Permitting Administration System
(UPAS), through the department's website at www.mdt.mt.gov or mdtupas.com, for the
installation of any utility facility on right-of-way under the jurisdiction of
the department. The Utility Permit conditions and department's Montana
Right-of-Way Utilities Manual set forth the procedures and conditions for all
utility installations statewide. The department may impose additional
restrictions or requirements for Utility Permits. The following conditions
apply to all Utility Permit applications:
(a)
Permits are only issued in the name of the utility owner;
(b) A utility owner, utility company, or
utility company contractor may not begin any utility work on the right-of-way
until an approved Utility Permit is issued by the department and the utility
owner is authorized to proceed;
(c)
The utility owner must provide the name of any contractor or subcontractor who
will be conducting the installation, including contact information and an
executed construction agreement if required by the department, within 60 days
after the utility owner retains the contractor or subcontractor, or prior to
commencement of work whichever occurs earlier;
(d) If the utility owner expects work to
impact travel lane capacity, the utility owner must contact the appropriate
department district office to discuss traffic control concepts in advance of
submitting a Utility Permit application;
(e) The utility owner's construction forces
and the utility contractor must keep a copy of the completed Utility Permit,
including all attachments, at the work site at all times. All documents and the
utility work are subject to department review at all reasonable times;
and
(f) A pending application
shall, if necessary, be modified by the utility owner to improve safety or
facilitate alteration or maintenance of the right-of-way as determined by the
department.
(2) Each
application must:
(a) be complete and
accompanied by all required supplemental materials. The department reserves the
right to reject ineligible, incomplete, or otherwise improper applications. The
department may request additional information if warranted after initial
application review. Applicants have 30 days to respond to an additional
information request. If no response is received, the application will
automatically be denied;
(b) be in
the name of the utility owner that is responsible for the installation and
maintenance of the utility facility, including name, address, e-mail address,
responsible employee's title, and telephone number;
(c) be authenticated via the applicant's
password;
(d) include
authorization, if any, for the utility owner's contractor to obtain a Utility
Permit on the utility owner's behalf. All terms and conditions set forth in the
Utility Permit apply to the contractor; and
(e) be accompanied by a non-refundable
electronic convenience fee.
(3) Application attachments must include:
(a) an electronic plan set in PDF depicting
the proposed installation. The plans must be in a format acceptable to the
department and must include utility company identification, work location,
utility type and size, type of construction, vertical and horizontal location
of facilities relative to the centerline of road, location of all
appurtenances, trench details, and right-of-way limits;
(b) a traffic control plan which conforms to
the Manual on Uniform Traffic Control Devices (MUTCD).
(4) The American Society of Civil Engineers
(ASCE) standard guideline for recording and exchanging utility infrastructure
data is adopted by reference. The ASCE guideline is available at
www.asce.org. ASCE standard survey-grade
Global Positioning System (GPS) survey, or "as built survey" of the utility
facility location(s), must be submitted electronically to the department within
90 days of completion of the installation or construction, or otherwise as
allowed in (c). The ASCE standard as-built surveys must comply with the
department's Utility Manual and the following:
(a) A Utility owner may:
(i) Submit ASCE standard survey-grade Global
Positioning System (GPS) as-built surveys certified by a licensed professional
engineer (PE) or professional land surveyor (PLS) showing the facility type,
function, size, configuration, material, location, elevation, and any special
features such as encasement, manholes and valves, or as otherwise specified in
the Utility Permit special conditions. The ASCE standard certified survey data
will not be subject to department inspection and audit unless discrepancies are
noted by the department; or
(ii)
Submit ASCE standard survey-grade as-built surveys, certified by a duly
authorized officer or employee of the utility owner instead of a licensed PE or
PLS, showing the facility type, function, size, configuration, material,
location, elevation, and any special features such as encasement, manholes and
valves, or as otherwise specified in the Permit special conditions. The ASCE
standard non-PE or PLS certified survey data may be subject to department audit
and inspection.
(b) ASCE
standard non-PE or PLS certified as-built surveys are subject to department
audit, inspection, and verification of accuracy. If the department notes
discrepancies between submitted as-built surveys and inspections, the
department may hire an independent contractor to locate the utility facility
and obtain accurate as-built survey data. All costs associated with this
activity are the responsibility of the utility owner.
(c) If ASCE standard as-built surveys are not
submitted within 90 days, or another time period as determined by the
department upon utility owner's request, the department may remove the utility
facility, place all other submitted Utility Permit applications from the
delinquent utility owner on hold, or hire a consultant to complete the survey
work and charge all costs to the delinquent utility owner. A utility owner may
request an extension due to weather or other conditions, which may be approved
in writing by the department.
(d)
The department may reimburse a utility owner for PE or PLS certified ASCE
standard as-built surveys if the utility facility is eligible for relocation
reimbursement due to a pending highway project.
(e) Costs incurred at any time by the
department or its contractors due to significant incorrect as-built survey
information supplied by the utility owner, or major deviations in actual
placement from that described in the original permit, are the responsibility of
the utility owner. The department will bill the utility owner for costs
incurred.
(5) Utility
owners performing maintenance of permitted utility facilities occupying
right-of-way under the jurisdiction of the department must apply for a utility
Notification Permit (Notification Permit). A Notification Permit application
must be submitted electronically through UPAS through the department's website
at mdt.mt.gov or mdtupas.com. Notification permits are subject to all
applicable UPAS requirements and the following conditions:
(a) the application must provide an exact
description of the maintenance work, including location, date(s) of maintenance
work, traffic control plan, and any other information requested by the
department;
(b) no fee or as-built
survey data is required for a Notification Permit;
(c) the department will require the utility
owner's construction forces or a utility contractor performing utility
maintenance work in the right-of-way without a Notification Permit to vacate
the right-of-way immediately until a Notification Permit has been issued by the
department, including any required traffic control plan; and
(d) utility work performed in response to an
emergency does not require a prior Notification Permit, but a Notification
Permit application must be submitted as soon as practicable after the work is
completed.
(6) The
department may revoke a Utility Permit or a Notification Permit for failure to
comply with the terms and conditions of the permit. Upon Utility Permit or
Notification Permit revocation, the department may remove the utility facility
and restore the highway and right-of-way at the sole expense of the utility
owner. Prior to any revocation, the department shall notify the utility owner
in writing, setting forth the violations, and providing the utility owner a
time period to correct the violations to the satisfaction of the department.
The utility owner may request an extension due to weather or other conditions
which may be approved in writing by the department. The department may decline
to issue further Utility Permits or Notification Permits to a utility owner who
fails to comply with this rule or permit requirements.
AUTH:
60-4-402, MCA; IMP:
60-4-402,
60-4-403,
MCA
