Permits and Right-of-Way

Purpose

Get written permission from every agency and landowner before anyone digs, bores or sets up in a right-of-way (ROW). The permit tells you where you may work, when, how deep, and how you must put the ground back. A crew that works without it can be shut down on the spot, fined, and made to dig up and redo finished work.

When to Do It

• Trigger: route design is far enough along to show the path, methods and enclosure locations.
• Timing: start before crews are scheduled. Permit lead times vary widely by agency, so start early. Railroad crossings usually take the longest.
• Prerequisites: a design that shows the route on plan and profile drawings, and a chosen placement method for each segment.
• Previous step: this is the first underground step. It follows the Permit stage of the project lifecycle.
• Next step: UG-02 Pre-Construction Survey, Staking and White-Lining.

Roles

• Permitting coordinator or project manager: owns the permit list, submits packages, tracks comments and expiration dates.
• Design engineer: adjusts the design to each agency’s accommodation rules and answers technical comments.
• Traffic control designer: prepares the traffic control plan for each work zone.
• Foreman: keeps the permits and the conditions sheet on site, makes the required inspector calls, and stops work that falls outside the permit.

Equipment and Materials

• Plan and profile drawings for every segment.
• Traffic control plan drawn to MUTCD Part 6.
• Method statement for each placement method: directional boring, plowing or trenching.
• Restoration details for every surface type on the route.
• Schedule, insurance certificates, bonds and fees.
• A permit conditions sheet (built in this step) and a binder or tablet to keep permits on site.

Safety

Procedure

Hold Points

Records to Keep

• Permit numbers and approved permit drawings.
• The permit conditions sheet, current version.
• Inspector names, phone numbers and every inspection call made (date, time, who you spoke to).
• Property owner and resident notification dates.
• Comment and resubmittal log.

Common Mistakes

• Starting before approval. A “should be approved any day” permit is not a permit.
• Missing a jurisdiction boundary. A road can change from city to county to state in one block.
• Underestimating railroad lead time and flagging cost. Railroad crossings often drive the schedule; apply for them first.
• Bidding without reading the restoration specs. Concrete panel replacement and asphalt specs can cost more than the bore.
• Letting permits expire mid-job. Track expiration dates and request extensions early.

Standards and References

• MUTCD Part 6: temporary traffic control in work zones.
• Local right-of-way ordinances.
• 23 CFR 645 Subpart B: the federal rule behind state DOT utility accommodation policies. Read your state DOT’s own policy.
• State one-call law: the locate ticket required before excavation; what counts as excavation varies by state.
• The Permit Directory: each state’s one-call center, DOT utility permit pages and utility commission, where listed.
• Railroad crossing specifications for each railroad on the route.
• Owner construction standards.

On the Map

• Road Crossing: where the route crosses a road, which usually means a separate permit or permit condition.
• Directional Bore Path: the path the permit drawings show and the agency approves.

Related Tools

Not applicable: no FAHMY tool covers permitting.