La. Admin. Code tit. 70, § II-1503 - General Conditions and Standards
A. Any facilities placed within the highway
right-of-way shall be placed in accordance with existing federal, state, or
local laws and the standards of the department. Environmental clearances may
also be necessary and are the responsibility of the permit applicant.
B. All facilities, after having been erected,
shall at all times be subject to inspection and the department may require such
changes, additions, repairs, relocations and removal as may at anytime be
considered necessary to permit the relocation, reconstruction, widening and
maintaining of the highway and to provide proper and safe protection to life
and property on or adjacent to the highway, or in the interest of safety to
traffic on the highway. The cost of making such changes, additions, repairs and
relocations shall be borne by the permit applicant, and all cost of the work to
be accomplished under this permit shall be borne by the permit
applicant.
C. The proposed
facilities, their operation or maintenance shall not unreasonably interfere
with the facilities or the operation or maintenance of the facilities of other
persons, firms or corporations previously issued permits for use and occupancy
of the highway right-of-way, and the proposed facilities shall not be dangerous
to persons or property using or occupying the highway or using facilities
constructed under previously granted permits of use and occupancy.
D. It is the duty of the applicant to
determine the existence and location of all facilities within the highway
right-of-way by reviewing departmental records for previous permits in the
applicable area.
E. Installations
within the highway right-of-way shall be in accordance with applicable
provisions contained in the following: AASHTO Guide for Accommodating Utilities
within Highway Right-of-Way, Code of Federal Regulations 23 (CFR 23), National
Electrical Safety Code C2, 1996 Federal Telecommunications Act. Those
facilities not included in the above mentioned documents shall be in accordance
with accepted practice. Where standards of the department exceed those of the
above cited codes, the standards of the department shall apply. The department
reserves the right to modify its policies as may be required if conditions
warrant.
F. Data relative to the
proposed location, relocation and design of fixtures or appurtenances as may be
required by the department shall be furnished to the department by the
applicant free of cost. The permit applicant shall make any and all changes or
additions necessary to make the proposed facilities satisfactory to the
department.
G. Cutting and trimming
of trees, shrubs, etc., shall be in accordance with the department's EDSM
IV.2.1.6 and vegetation manual, as revised.
H. The applicant agrees to defend, indemnify,
and hold harmless the department and its duly appointed agents and employees
from and against any and all claims, suits, liabilities, losses, damages, costs
or expenses, including attorneys' fees sustained by reason of the exercise of
their permit, whether or not the same may have been caused by the negligence of
the department, its agents or employees, provided, however, that the provisions
of this last clause (whether or not the same may have been caused by the
negligence of the department, its agents or employees) shall not apply to any
personal injury or property damage caused by the sole negligence of the
department, its agents or employees, unless such sole negligence shall consist
or shall have consisted entirely and only of negligence in the granting of a
permit.
I. The permit applicant
agrees to provide proof of liability insurance sufficient to indemnify the
department from claims resulting from accidents associated with the use of the
applicable permit. The applicant and its insurer shall notify the department in
writing at least 30 days prior to cancellation of the insurance or prior to any
other changes affecting the insurance coverage.
J. The applicant is the owner of the facility
for which a permit is requested and is responsible for maintenance of the
facility. Any permit granted by the department is granted only insofar as the
department possesses the power and right to grant the same.
K. Any permit granted by the department is
subject to revocation at any time.
L. Signing for warning and protection of
traffic in instances where workmen, equipment or materials are in close
proximity to the roadway surfacing, shall be in accordance with requirements
contained in the department's manual on uniform traffic control devices. No
vehicles, equipment and/or materials shall operate from, or be parked, stored
or stock-piled on any highway, median, or in an area extending from the outer
edge of the shoulder of the highway on one side to the outer edge of the
shoulder of the highway on the opposite side.
M. All provisions and standards contained
herein relative to the installation of utilities shall apply to future
operation, service and maintenance of utilities.
N. Drainage in highway side and cross ditches
must be maintained at all times. The entire highway right-of-way affected by
work under a permit must be restored to its preexisting condition, and shall be
approved by the department's right-of-way permits engineer.
O. Any non-metallic or non-conductive
underground facility must be installed with a non-corrosive metallic wire or
tape placed directly over and on the center of the facility for its entire
length within highway right-of-way. Wire or tape must be connected to all
facilities.
P. Prior to performing
any excavations, the applicant is required to call Louisiana One-Call. If
installing any underground facilities, such as cable or conduits, the applicant
must be a member of Louisiana One-Call.
Q. A copy of the permit applicant's FCC
license and registration number shall be submitted with the permit application.
For towers in excess of 200 feet in height, a copy of FAA approval shall also
be submitted to DOTD. All registration numbers shall be posted on the
tower.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.