TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.10 PURPOSE
Section 530.10 Purpose
a) The purpose of this Part is to establish policies and
procedures for accommodating utilities on right-of-way of the Illinois State
Highway System, which will provide public benefit consistent with the
preservation of the integrity, safe usage, and visual qualities of the State
Highway System.
b) A decision regarding the accommodation of a utility at a
particular location should be made consistent with sound engineering practices.
c) The Department's determination would include an evaluation of
the direct and indirect environmental and economic effects of any loss of
productive agricultural land which would result from the disapproval of the use
of the right-of-way of a highway for the accommodation of such utility. Thus,
while this Part provides standards for accommodating utilities on right-of-way
of the Illinois State Highway System, under the jurisdiction of the Department,
this Part is not a substitute for sound engineering judgment (See Section
530.30, "Sound Engineering Judgment").
d) Because it is impossible to anticipate all future highway
needs or proposals, the Department reserves the right to deny an application or
to deviate from the standards of this Part if sound engineering reasons dictate
such action.
e) This Part applies to all utility facilities on public highway
right-of-way in which the Department has an interest, whether those facilities
are permitted or not and whether those facilities were in place before or after
the promulgation of this Part.
f) This Part supersedes the Department's Policy on the
Accommodation of Utilities on Right-of-way of the Illinois State Highway System
issued May, 1979 and all prior issues.
 | TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.20 INCORPORATION BY REFERENCE
Section 530.20 Incorporation
by Reference
a) This Part incorporates references which are the basis and
guidelines for the development of the Department's policy for accommodation of
utilities on right-of-way of the Illinois State Highway System. Where specific
reference is made, and that reference incorporates material by reference, the
material incorporated is a part of this Part and shall be that which is
effective as indicated, not including any later amendments or editions. Copies
of the appropriate materials are available from the Department's Central Bureau
of Maintenance, Division of Highways, 2300 South Dirksen Parkway, Springfield,
Illinois 62764 and all nine highway District offices (see Section
530.Illustration A).
1) American Association of State Highway and Transportation
Officials (AASHTO) – A Guide for Accommodating Utilities Within Highway
Right-of-Way (Copyright 1981).
2) AASHTO – A Policy on the Accommodation of Utilities Within
Freeway Right-of-Way (Copyright 1989).
3) U.S. Department of Transportation, Federal Highway Administration
(FHWA) – Federal-Aid Highway Program Manual Transmittal 426 (HNG-12) dated
November 11, 1988 (Volume 6, Chapter 6, Section 3, Subsection 2).
4) U.S. Department of Transportation, Federal Highway
Administration – Federal-Aid Highway Program Manual Transmittal 74 (HRW-O)
dated October 4, 1974 (Volume 7, Chapter 4, Section 3).
5) Institute of Electrical and Electronics Engineers, Inc. –
American National Standards, National Electrical Safety Code (ANSI C2-1990).
6) The American Society of Mechanical Engineers – American
National Standards, Gas Transmission and Distribution Piping Systems (ANSI/ASME
B31.8), 1989 edition.
7) The American Society of Mechanical Engineers – American
National Standards, Liquid Petroleum Transportation Piping Systems (ANSI/ASME
B31.4), 1989 edition.
8) The Associated General Contractors of Illinois – Standard
Specifications for Water and Sewer Main Construction in Illinois, 4th edition,
May 1986 publication.
9) International Society of Arboriculture – Valuation of Landscape
Trees, Shrubs and Other Plants (Copyright 1988).
10) Office of Pipeline Safety Operations, U.S. Department of
Transportation (49 CFR Parts 191 and 192) – Transportation of Natural and Other
Gas by Pipeline: Minimum Federal Safety Standards, revised as of October 1,
1988.
11) AASHTO – Roadside Design Guide (Copyright 1989).
12) Office of Federal Register National Archives and Record
Administration – National Bridge Inspection Standards (23 CFR 25), revised as
of April 1, 1984.
b) NOTE: The references listed above are also available through
the following sources:
1) Items 1, 2 and 11:
AASHTO
444 North Capitol, N.W.
Suite 225
Washington, D.C. 20001
2) Items 3, 4, 10 and 12:
United States Department of Transportation
Federal Highway Administration
400 Seventh Street, S.W.
Washington, D.C. 20590
3) Item 5:
American National Standards Institute
1430 Broadway
New York, New York 10018
4) Items 6 and 7:
The American Society of Mechanical Engineers
345 East 47th Street
New York, New York 10017
5) Item 8:
The Associated General Contractors of Illinois
3219 Executive Park Drive, P.O. Box 2579
Springfield, Illinois 62708
6) Item 9:
International Society of Arboriculture
P.O. Box 908
Urbana, Illinois 61801
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.30 DEFINITIONS
Section 530.30 Definitions
As used in this Part, the words
and terms listed shall have the meanings ascribed to them as follows:
"ANSI" – American National Standards Institute.
"Applicant" – A person applying for a permit under
this Part.
"ASTM" – American Society for Testing and
Materials.
"Backfill" – The methods or materials for replacing
excavated material in a trench or pit.
"Bore" or "Boring" – To excavate an
underground cylindrical cavity for the insertion of a pipe or electrical
conductor.
"Carrier Pipe" – The pipe enclosing the liquid, gas
or slurry to be transported.
"Casing" – A structural protective enclosure for
transmittal devices such as: carrier pipes, electrical conductors, and fiber
optic devices.
"Clear Zone" – The total roadside border area,
starting at the edge of the pavement, available for safe use by errant
vehicles. This area may consist of a shoulder, a recoverable slope, a
non-recoverable slope, and a clear run-out area. The desired width is
dependent upon the traffic volumes and speeds, and on the roadside geometry.
Distances are specified in the AASHTO Roadside Design Guide, incorporated by
reference in Section 530.20.
"Coating" – Protective wrapping or mastic cover
applied to buried pipe for protection against external corrosion.
"Code" – The Illinois Highway Code (Ill. Rev. Stat.
1989, ch. 121, pars. 1-101 et seq.).
"Conductor" – Wire carrying electrical current.
"Conduit" – A casing or encasement usually for an
electrical conductor.
"Control of Access" – To designate, establish and
regulate existing or proposed State highways as freeways, including the
acquisition of all existing, future or potential easements or rights of access,
crossing, light, air or view, to, from or over such freeway right-of-way, from
or to any real property abutting such freeway right-of-way.
"Conventional Highway" – State highway with minimum
access-control.
"Cover" – The depth of earth or backfill over
buried utility pipe or conductor.
"Department" – The Illinois Department of
Transportation.
"Department Approved" – The approval of the
Department requires compliance with this Part. The Department's approval shall
be consistent with commonly recognized and accepted traffic control and
construction principles, including material selection, and with sound
engineering judgment.
Unless otherwise provided in the permit or in this Part, the
following Departmental publications shall serve, inclusively and not
exclusively, as examples of such principles and standards:
Standard Specifications for Road and Bridge Construction
Supplemental Specifications and Recurring Special Provisions
Highway Design Manual
Highway Standards Manual
Standard Specifications for Traffic Control Items
Illinois Manual on Uniform Traffic Control Devices
Flagger's Handbook
Work Site Protection Manual for Daylight Maintenance
Operations
If the Department finds a discrepancy between differing
principles, it shall determine which principles apply. If requested, the
Department shall state what standard will apply to the construction,
maintenance, or operation of a facility in the future.
The Department's determination will not be changed unless it
finds that the determination was incorrect or that a new standard is clearly
superior to the earlier standard. If the Department makes such a finding, it
shall notify in writing all parties to whom it had given its earlier
determination.
Requests for determinations and publications may be addressed
to:
Illinois Department of Transportation
Division of Highways
Chief of the Bureau of Maintenance
2300 South Dirksen Parkway
Springfield, Illinois 62764
"Disrupt the right-of-way" – Anything that causes
the right-of-way to be in a condition other than that appropriate for its
intended use as a highway right-of-way. Such changes to the condition may
include, but are not limited to, the following:
excavating or other cutting;
placement (whether temporary or permanent) of materials, equipment,
devices, or structures;
damage to vegetation; and
compaction or loosening of the soil.
"District" – Any one of the nine administrative
subdivisions of the Department's Division of Highways (see Section
530.Illustration A).
"District Engineer" – The Chief Executive Officer
of a District.
"Encasement" – Provision of a protective casing.
"Expanding Areas" – Areas where plans for
commercial or residential development are being contemplated.
"Extra Heavy Pipe" – Pipe meeting ASTM standards
for this pipe designation.
"Facility" – All structures, devices, objects, and
materials (including track and rails, wires, ducts, fibre optic cable, poles,
conduits, grates, covers, pipes, cables, and appurtenances thereto) owned or
operated by permittees on State highway rights-of-way under this Part. This
term also refers to those things for which a permittee may be responsible
notwithstanding a claim of abandonment.
"Frontage Road" – Roadway, usually parallel,
providing access to land adjacent to the highway where it is precluded by
control of access on highway.
"Fully Access-controlled Highways" – State highways
which have been designated, established and are regulated as freeways to which
access is never permitted, excepting only by way of grade separated
intersections with selected roads and streets. Federal Aid Interstate and
Defense Highways, Chicago Area Expressways, Supplemental Freeways and those
primary highways constructed to freeway standards are included in the category
of Fully Access-controlled Highways.
"Highways" – Rural or urban roads or streets,
right-of-way, bridges, drainage structures, signs, guardrails, protective
structures and appurtenances necessary or convenient for vehicle traffic under
the jurisdiction of the Department. This term includes all of the
right-of-way, including structures, ditches and embankments.
"ILCC" – Illinois Commerce Commission.
"Immediate" or "Immediately" – That which
is done within a period of time specified by the Department. If no time period
is specified, the time period shall be two hours.
"Jacking" – Pushing a pipe horizontally under a
roadway by mechanical means with or without boring.
"Jetting" – Pushing a pipe through the earth using
water under pressure to create a cavity ahead of the pipe.
"Joint Use" – The use of pole lines, trenches or
other facilities by two or more utilities.
"Occupancy" – The presence of utility facilities
on, over or under highway right-of-way.
"Overlook" – A roadside turnout for motorists to
safely enjoy a scenic panorama.
"Owner Corporation" – The company or corporate
entity that owns or operates a utility.
"Pavement Cut" – The removal of an area of highway
pavement for access to an underground utility installation.
"Permit" – Formal authorization by the Department
to construct and maintain utility facilities on State highway right-of-way.
"Permittee" – That entity which has a permit issued
pursuant to Section 9-113 of the Code.
"Pressure" – The internal force acting radially
against the walls of a carrier pipe expressed in pounds per square inch gauge
(psig).
"Prompt" – See "Timely."
"Public Entity" – A legal entity that constitutes
or is part of the government, whether at local, state or federal level.
"Rest Area" – A roadside area or park for motorists
to rest and relax in the interest of highway safety.
"Restoration" – The repair of an area or highway
facility disrupted by the construction, maintenance or repair of a utility.
"Right-of-Way" – Land owned as an easement or in
fee devoted to highway purposes. Although a utility may have its own
right-of-way, this term is used in this Part to designate the real estate on
which a highway is located.
"Roadway Structure" – That part of the highway that
includes the pavement and shoulders.
"Scenic Easement" – A right or inferred right in
land abutting a State highway which has been acquired to preserve roadside
environment having aesthetic or historical features.
"Shoulder" – A width of roadway, adjacent to the
pavement, providing lateral support to the pavement edge and providing an area
for emergency vehicular stops and storage of snow removed from the pavement.
"Sound Engineering Judgment" – A decision(s) based
on expertise and knowledge of engineering principles, practices and experience.
"Spur Track" – When track and rails on one of a
State highway are connected to a customer on the other side of that highway,
the connecting track shall be known, for the purposes of this Part, as
"spur track."
"Timely" – That which is done within a period of
time specified by the Department. If no time period is specified, the period
shall be 30 days.
"Travel Lane" – A portion of the paved area of the
roadway having a definite width allowing for the movement of a legal width
vehicle.
"Trench" – A relatively narrow open excavation for
the installation of an underground utility element.
"Utility" – A privately, publicly or cooperatively
owned line, facility or system for producing, transmitting or distributing
communications, cable television, power, electricity, light, heat, gas, oil,
crude products, water, steam, waste, storm water not connected with highway
drainage or any other similar commodity, including any fire or police signal
system or street lighting system, which directly or indirectly serves the
public. The term utility shall also mean the utility company inclusive of any
wholly owned or controlled subsidiary. The term utility includes those
facilities used solely by the utility which are a part of its operating plant.
"Vent" – A pipe to allow the dissipation into the
atmosphere of gases or vapors from an underground casing.
"Wet Boring" – Boring using water under pressure at
the cutting auger to soften the earth and to provide a sluice for the excavated
material.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.40 LEGAL OBLIGATIONS
Section 530.40 Legal
Obligations
a) Only a permit issued by the Department under this Part will
satisfy the "written consent" requirement of Section 9-113 of the
Illinois Highway Code (the Code).
b) A permit from the Department grants a license only to
undertake certain activities in accordance with this Part on a State
right-of-way, and does not create a property right or grant authority to the
permittee to impinge on the rights of others who may have an interest in the
right-of-way. Such others might include an owner of an underlying fee simple
interest if the right-of-way is owned as an easement, an owner of an easement,
or another permittee.
c) It shall be the responsibility of the permittee to ascertain
the presence and location of existing above-ground or underground facilities on
the highway right-of-way to be occupied by their proposed facilities. The
Department will make its permit records available to a permittee for the
purpose of identifying possible facilities. When notified of an excavation or
when requested by the Department, a permittee shall locate, physically mark,
and indicate the depth of its underground facilities within 48 hours, excluding
weekends and holidays.
d) The permittee shall avoid conflicts with any existing
underground or above-ground facilities on or near the highway right-of-way.
e) The permittee shall comply with all other applicable laws
relating to the placement of utility lines.
f) The issuance of a utility permit by the Department does not
excuse the permittee from complying with other requirements of the Department
(e.g., oversize and overweight vehicles) or the requirements of other State
agencies including, but not limited to, the following:
Illinois Commerce Commission
Illinois Department of Agriculture
Illinois Department of Conservation
Illinois Department of Mines and Minerals
Illinois Environmental Protection Agency
Illinois Historic Preservation Agency
g) Rights of abutting and underlying property owners are
protected by common law and Sections 9-113 and 9-127 of the Code. The
Department will not be a party in any negotiations between the utility and
abutting property owners.
h) In no case shall the permit give or be construed to give an
entity any easement, leasehold or other property interest of any kind in, upon,
under, above or along the State highway right-of-way.
i) Each person responsible for a utility, in place on the
effective date of this Part, on a State highway right-of-way shall notify the
Department in writing, if that facility does not comply with this Part. The
Department shall treat such a notice as a request for a variance under Section
530.130. Until informed that a variance will not be granted, a person
responsible for a pre-existing utility will not be in violation of this Part.
The failure to provide such notice constitutes a violation of this Part and of
the utility accommodation permit (if any) and would justify the imposition of
the sanctions set forth in Section 530.810.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.50 INDEMNIFICATION AND INSURANCE
Section 530.50
Indemnification and Insurance
a) The permittee shall release, defend, indemnify, and hold the
State, its employees, and its contractors harmless from all claims for injuries
and damages to persons or property (including that of the permittee) relating
to the installation, maintenance, relocation, presence, use or removal of the
facility.
b) Each District shall determine whether a permittee must provide
liability insurance. When making its determination, the District shall
consider all relevant factors including, but not limited to, the following:
1) The potential for harm to highway users or other parties that
might make a claim against the Department.
2) The ability of the permittee, without insurance, to satisfy a
claim against the Department.
c) Any insurance policy (or amendment or rider thereto) required
by this Section shall contain the following provisions:
1) The Department, its employees, and its agents must be included
as named insureds.
2) The Department will be notified at least 30 days prior to the
termination or modification of the coverage.
3) The amount of coverage must be sufficient to protect the
Department (including its employees and agents) from estimated projected
claims.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.60 UTILITY PERMITS TO PUBLIC ENTITIES
Section 530.60 Utility
Permits to Public Entities
a) General
A Utility Permit issued to a public entity shall be executed
by an officer authorized to do so by the elected governing body. The executed
Permit shall have an attached certification that the signature and commitments
were authorized by "Resolution" of the elected governing body.
b) Municipalities, Counties, Townships and other local units of
government
Occupation or crossing of State Highway right-of-way by
utility installations owned by a local unit of government are subject to all of
the requirements of this Part except the surety bonding requirement.
c) Sanitary Districts, Water Districts, Levee Districts and other
public Entities
Occupation or crossing of State Highway right-of-way by
utility installations of a sanitary district, a water district, levee district
or any public entity are subject to all of the requirements of this Part.
d) Other State Agencies
Occupation or crossing of State Highway right-of-way by State
agency-owned utility installations are subject to all of the requirements of
this Part except the surety bonding requirement.
SUBPART B: PERMIT APPLICATION REQUIREMENTS
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.100 PERMIT APPLICATION
Section 530.100 Permit
Application
a) The permit application shall be in a form prescribed by the
Department. Upon request, forms will be supplied by the Department. The
application shall require the applicant to provide specific information
necessary for the Department to determine whether a permit should be issued.
As a minimum, the following information shall be provided:
1) Name of applicant.
2) Legal status of applicant, such as an individual, joint
venture, partnership, incorporation, or governmental unit.
3) Address, zip code, and telephone number of the applicant.
4) Proposed use of highway (describe what applicant wants to do),
including location, physical description, and type of materials to be used.
Scale drawings are preferred.
5) Time schedule for initiation and completion of various steps
of the work proposed.
b) If required (see Section 530.270 "Requirement for a
Surety Bond"), the permit application will be accompanied by a surety bond
(photocopy of continuing bond is acceptable) that includes the Department as an
additional named insured guaranteeing that the proposed work will comply with
the terms of the permit, that the applicant will reimburse any injured party
for damages relating to the permitted work, and that the applicant will remove
or modify the permitted facility in a timely manner if required to do so by the
Department or its successor.
c) The applicant shall show either:
1) compliance with other State agencies, or
2) that the regulations of no other State agencies are relevant
to what has been proposed by the applicant.
d) Applications for gas pipeline permits shall state the proposed
pipe size, design, construction class and operating pressures.
e) Applications should be submitted to the Department at the
Highway District Office responsible for the area of the permit. Applications
involving more than one District should be submitted to:
Illinois Department of Transportation
Bureau of Maintenance, Services Section
2300 South Dirksen Parkway
Springfield, Illinois 62764
(217) 782-7228
A map showing
the areas covered by the nine Highway District Offices and the addresses of
those offices is included at Section 530.Illustration A.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.110 EMERGENCY CONTINGENCY PLANS
Section 530.110 Emergency
Contingency Plans
a) Each applicant, who can anticipate emergency situations that
may require an immediate response, shall include an emergency contingency plan
with the permit application. This emergency contingency plan shall specify the
nature of potential emergencies and the intended response by the applicant.
The intended response shall include notification of the Department and
protection of the safety and convenience of the highway users.
b) Compliance with ILCC regulations for emergency contingency
plans constitutes compliance with this Section unless the Department finds that
additional information or assurances are needed.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.120 FEES OR ASSESSMENTS
Section 530.120 Fees or
Assessments
a) The Department charges no fees for the administration of the
utility occupancy policy for conventional highways.
b) Compensation, based upon an appraisal by the Department of the
fair market value of an easement or leasehold for such use of the highway right-of-way,
will be charged for longitudinal utility accommodations located upon, under, or
along fully access-controlled highways. Such compensation may include in-kind
compensation. All fees may be reviewed once every five years and may be
adjusted by the Department based on changes in the fair market value for the
use of the highway right-of-way. The Department will charge reimbursement fees
for engineering, legal, and other expenses incurred in evaluating applications
and in establishing such compensation.
c) Charges will also be assessed for the attachment of utility
facilities to bridge structures.
1) Assessment charges for utility attachments to highway
structures are not intended to produce revenue. The charges are assessed to
cover the cost of the engineering analysis required and as compensation for the
addition of weight that reduces the available live-load capacity of existing
bridges and enters into the cost of proposed new bridges.
2) The assessment charge for utility attachment is based on the
ratio of the weight of the proposed utility elements to the live-load for which
the structure was or will be designed. The factor arrived at from the
foregoing ratio is applied against the cost of the load-bearing elements of the
structure, including piers or abutments.
3) The minimum charge for any utility attachment to a highway
structure will be $300.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.130 VARIANCES
Section 530.130 Variances
a) Request for Variance
Requests for utility occupancies that would not conform to
this Part will be considered individually. Variance from this Part may be
granted where terrain features or other conditions such as an irregular
right-of-way line make compliance impractical or unreasonable. A variance will
not be granted when such action may tend to diminish the value of the highway
to the traveling public or to disadvantage unduly other (including future)
utility use.
b) Existing installations that met standards in force at the time
of installation will be granted variances.
c) Review of Variances by Federal Highway Administration
This Part has the approval of the Regional Administrator of
the Federal Highway Administration insofar as federally-aided highways are
concerned. However, any proposed utility installation on federally-aided
highways that is not in compliance with the general provisions of this Part and
permits involving longitudinal installations of private lines, are subject to
review by the Federal Highway Administration.
d) Other variances. A variance from any other provision of this
Part shall be granted if it is proved that no harm, cost, or inconvenience will
result to the Deptartment, any highways under its jurisdiction, or the users of
those highways.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.140 ACCESS OF FREEWAY RIGHT-OF-WAY
Section 530.140 Access of
Freeway Right-of-Way
Access from the through travel
lanes or ramps on fully access-controlled highways will not be permitted for
installing or servicing of utility facilities except as provided in the AASHTO
publication titled "A Policy on the Accommodation of Utilities within
Freeway Right-of-Way" incorporated by reference at Section 530.20.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.150 SUITABILITY OF MATERIALS
Section 530.150 Suitability
of Materials
Only Department approved, as
defined in Section 530.30, materials shall be used in utility installations in
the right-of-way of the State Highway System.
SUBPART C: GENERAL PERMIT CONDITIONS
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.200 OBLIGATION TO COMPLY
Section 530.200 Obligation
to Comply
Every permittee shall comply
with the terms and conditions of the permit unless authorized, in writing by
the Department, to do otherwise. The terms and conditions shall include those
requirements set forth in this Part. Specific conditions are listed in Subpart
D.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.210 APPLICATION PROVISION
Section 530.210 Application
Provision
Statements and schematics in the
application are material conditions of the permit.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.220 DEPARTMENTAL STANDARDS
Section 530.220 Departmental
Standards
a) The permittee shall operate in a Department approved, as
defined in Section 530.30, manner for traffic control, for use of the
right-of-way, and for cleanup and restoration in a timely manner in accordance
with Sections 530.240 and 530.250.
b) The Department's standards may be communicated in either
written or spoken directives. A spoken directive shall be followed by a
consistent written confirmation within 15 calendar days.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.225 RELEASE AND INDEMNIFICATION
Section 530.225 Release and
Indemnification
In consideration of the granting
of the license, represented by the permit, to use State property, the
Permittee, by use and as a condition of the permit, agrees to release and
forever discharge the State of Illinois, its officers, agents and employees, from
any and all actions, courses of action, claims and demands for, upon or by
reason of any damage, loss or injury to its facilities and equipment placed or
brought onto State property pursuant to or on account of the permit. Further,
the Permittee agrees to indemnify, defend, and hold the Department harmless
from all claims by persons adversely affected by the Department's removal,
relocation, or modification of the permitted facility pursuant to Section
530.310 and by damage to facilities which have not been placed in the area
specified by the permit.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.230 LOCATION OF FACILITIES
Section 530.230 Location of
Facilities
a) All utility installations shall be located as follows:
1) Longitudinal utilities shall be located as near the
right-of-way line as practicable and not more than eight feet from and parallel
to the right-of-way line.
2) No new above-ground utility facilities shall be located in the
area established as clear zone for that particular section of highway.
3) No new longitudinal utility installations will be permitted
under paved longitudinal portions of streets or highways under Department
jurisdiction; however, new cables will be allowed in existing ducts if they can
be installed without disrupting the pavement.
4) Utility crossing facilities installed between the ditch lines
or curb lines of State highways shall be designed and constructed and shall
incorporate materials and protective appurtenances so as to virtually preclude
future disruption in these areas. Protection may include encasement,
additional cover, or other measures that might not be required outside the
areas.
5) Utilities will not be permitted to cross under State highways,
in cattle passes, culverts or other drainage facilities.
6) Manholes will not be permitted in the traffic lanes or
shoulders of State highways. Existing manholes may be permitted to remain.
7) Bridges or tunnels to carry utilities other than railroads or
public utilities, over or under State highways, shall be considered as a use of
"air rights" and shall be processed on federally aided highways as
prescribed in Federal-Aid Highway Program Manual Volume 7, Chapter 4, Section
3. The same provisions shall apply to non-federallly aided State highways
except the approval of FHWA will not be a requirement.
8) Utility crossings shall be at or as near as practicable to a
90 degree angle with the highway centerline.
9) No utility appurtenances such as pumping stations and transformers
serving a longitudinal facility will be allowed in interchanges.
10) The inability to locate a longitudinal facility within the
prescribed distance from the right-of-way line may be grounds for denial.
b) Installations not conforming with subsection (a) will require
the granting of a variance by the Department.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.240 TRAFFIC CONTROL
Section 530.240 Traffic
Control
a) The permittee is responsible for providing and installing
warning signs, protective devices and flaggers as specified in the permit to
provide protection of the traveling public and the utility's workers when on
the right-of-way.
b) In the event that the traffic protection requirements are not
contained in the permit, the permittee shall provide proper traffic control and
protection in a safe and convenient manner which shall be Department approved
as defined in Section 530.30.
c) Flaggers shall control traffic in a safe and convenient manner
that is Department approved as defined in Section 530.30.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.250 CLEANUP AND RESTORATION
Section 530.250 Cleanup and
Restoration
The right-of-way shall be
returned to a condition which is at least as good as it was before the
permitted work took place, in a timely manner. This includes restoration of
entrances and side roads. Restoration of roadway surfaces will be made using
Department approved materials and methods (see Section 530.30 "Department
Approved").
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.260 SCENIC RESTRICTIONS
Section 530.260 Scenic
Restrictions
a) Special restrictions on utility occupancy may be imposed where
visual quality is an important consideration; for example, scenic easements,
rest areas, public parks, overlooks, and recreation areas.
b) New underground or aerial installations may be permitted only
when they do not require extensive removal or alteration of trees or terrain
features visible to the highway user or impair the aesthetic quality of the
lands being traversed.
c) Aerial installations may be permitted only when:
1) other locations are not available or are unusually difficult
and costly, or are less desirable from the standpoint of aesthetic quality;
2) placement underground is not technically feasible or is
unreasonably costly; and
3) the proposed installation will be made at a location, and will
employ suitable design and materials, which give the greatest weight to the
aesthetic qualities of the area being traversed without adversely affecting
safety. Suitable designs include, but are not limited to, self-supporting armless,
single-pole construction with vertical configuration of conductors and cable.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.270 REQUIREMENT FOR A SURETY BOND
Section 530.270 Requirement
for a Surety Bond
Surety bonds in the amount
prescribed in Section 530.280 will be required for:
a) Individual utilities whose assets are less than $500,000. A
copy of the utility's latest annual report indicating assets of at least
$500,000 may be submitted in lieu of a bond.
b) Individual utilities with previously poor performance record.
Types of poor performance include a history of using inferior methods and
materials, poor maintenance of utility appurtenances and failing to comply with
Department directives (which have not been nullified by a court of competent
jurisdiction) or conditions of other utility permits.
c) Individual utility contractors with previously poor
performance record. (See subsection (b).)
d) Variances to this Part. (See Section 530.130,
"Variances".)
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.275 SURETY BOND
Section 530.275 Surety Bond
a) If required, the permittee shall furnish a surety bond on a
form approved, and in an amount specified, by the Department.
b) General
1) The surety bonds required for utility work and occupancy on
State highway right-of-way are intended primarily to assure the prompt and
satisfactory replacement, repair, and completion of work (at no cost to the
State or its contractors) on State highway facilities that may be damaged or
disrupted by the utility company's operations or occupancy. These bonds are
not to be considered as personal injury and property damage insurance.
2) A surety bond remains in effect until released by the
Department.
3) The monetary value of the surety shall be based on the
potential for highway facility damages which may be related to the type and
volume of transmittent, the physical dimensions of the utility facilities, and
the permittee's history of noncompliance.
4) The Department will accept bonds from only those sureties that
meet the Department's standards for acceptability as set forth in 44 Ill. Adm.
Code 675.240.
5) The bonding company shall commit itself to notify the
Department of its intention to terminate the bond at least 30 days before
termination. The permittee shall provide a substitute surety bond acceptable
to the Department within 15 days after its surety gives a termination notice or
shall remove its facility from, and restore, the right-of-way within that
period of time.
c) Utility Permit Continuing Bond
Surety shall be provided as a continuing bond to remain in
full force and effect for all utility companies issued a general utility permit
providing for long-term or permanent occupancy of State highway right-of-way.
d) Individual Utility Permit Bond
Surety shall be provided by a contractor who constructs or
maintains utility facilities, under permit, for a municipality or other public
body which is not required to maintain a continuing bond. Individual utility
permit bonds are to remain in full force and effect until the specific project
is completed and the highway right-of-way is restored in accordance with
Section 530.250. As a minimum, Individual Utility Permit Bonds remain in full
force and effect for five years from date of permit approval by the Department.
e) Continuing Bond for Utility Contractors
A contractor who has occasion to frequently request permits
for utility work may provide, at its option, a continuing bond. This
arrangement eliminates the need for the contractor to secure an individual
utility permit bond for each project.
f) If the surety bond expires, the permit can be revoked.
AGENCY NOTE: Forms mentioned in
this Part are available from District offices as shown in Section
530.Illustration A or the Department of Transportation, Bureau of Maintenance,
2300 South Dirksen Parkway, Springfield, Illinois, 62764.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.280 SURETY BOND COVERAGE
Section 530.280 Surety Bond
Coverage
a) The amount of Surety Bond required for utility work and
occupancy will be based on:
1) the potential for damage to the highway;
2) the number of work crews that could potentially be active at a
given time;
3) local conditions; and
4) the work record of the utility company or contractor.
b) Each bond shall be for an amount which will guarantee full
compliance with the permit, including the following:
1) proper installation;
2) proper maintenance; and
3) relocation, modification, and removal upon demand of the
Department.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.290 MAINTENANCE
Section 530.290 Maintenance
a) The Department shall be notified in writing and must give its
permission before a permittee undertakes repairs of its facility in the
right-of-way.
b) Utility facilities on State highway right-of-way are to be
maintained, by or for the owner corporation, at the owner corporation's
expense.
c) Emergency Maintenance Procedures
Emergencies that require immediate attention or repair of a
utility installation may preclude following normal procedures for securing a
working permit, but the permittee must file in writing with the Department a
description of the repairs undertaken in the right-of-way within 48 hours after
the emergency repair.
1) Emergency maintenance in relation to utility installations on
the interstate and conventional highway system will be considered as any
immediate maintenance required to the utility installation for the safety of
the traveling public or immediate maintenance required for the health and
safety of the general public served by the utility.
2) If an emergency creates a hazard on the traveled portion of
the roadway, immediate steps shall be taken by the utility company to provide
all necessary protection for traffic on the highway including the use of signs,
lights, barricades or flaggers. If a hazard does not exist on the traveled
way, but the nature of the emergency is such as to require the parking on the
shoulder of equipment required in repair operations, signs and lights shall be
provided. Parking on the interstate shoulder in an emergency will only be
permitted when no other means of access to the utility installation is
available.
3) In an emergency, the utility company shall immediately notify
the appropriate District Engineer or authorized agent of the emergency,
informing the District Engineer as to what steps have been taken for protection
of the traveling public and what will be required to make the necessary
repairs. If the nature of the emergency is such as to interfere with the free
movement of traffic, the State Police, as well as the District Engineer, shall
be notified immediately.
4) In an emergency, the utility company shall complete repairs as
soon as possible and with the least inconvenience to the traveling public.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.300 AS-BUILT PLANS
Section 530.300 As-Built
Plans
If the permitted facility is not
placed as shown in the application, the permittee shall submit a set of
as-built plans to the Department's District Office within 90 days after the
completion of the permitted work. If as-built plans deviate from the permit,
such deviation shall be identified and shall be treated as a request for
variance in accordance with Section 530.130. If the Department does not reject
the as-built plans within 90 days after their receipt, they will be considered
approved. If the Department disapproves the as-built plans, then the permittee
shall either remove the facility from the right-of-way or modify the facility
so that it conforms to the permit.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.310 OBLIGATION TO REMOVE, RELOCATE, OR MODIFY
Section 530.310 Obligation
to Remove, Relocate, or Modify
a) The permittee shall remove, relocate, or otherwise modify its
facility, including the removal of bridge attachments, as specified by Section
9-113 of the Code, when required to do so in accordance with Sections 530.810,
530.820 and 530.830. Section 9-113 of the Code gives sole authority to the
Department, and no other administrative agency or commission may review or
overrule a permit-related decision or direction of the Department. The failure
of a permittee to comply with the directions of the Department may cause the
sanctions, set forth in Subpart H, to be imposed on it.
b) The Department may also give written notice that the permittee
shall remove, relocate, or otherwise modify its facility.
1) If, within 60 days after receipt of such written notice,
satisfactory arrangements are not made, the Department may undertake the
requested actions itself and may bill the permittee for the total cost thereof.
2) Notice shall be considered to have been received if:
A) Either the Department receives from the U.S. Postal Service a
signed return receipt or a notice that the permittee has refused to accept a
notice by mail, or
B) The Department obtains such other reliable evidence of receipt
as it may find to be appropriate. For example, the receipt of a hand-delivered
notice might be evidenced by a statement by the messenger that the notice was
delivered. A receipt from an express message service would also suffice.
3) If notice of receipt is not received within 10 days or the
Department receives a notice of undeliverability, the notice shall be posted as
a sign in a conspicuous place in the area of the permit. If, within 60 days
after posting of such written notice as a sign, satisfactory arrangements are
not made, the Department may undertake the requested actions itself and may
bill the permittee for the total cost thereof.
c) The Permittee, by use of its permit, agrees to the following:
1) To pay the Department's costs incurred under this Section,
2) If the full amount of the bill is not paid by the date
specified on the billing statement, to pay all costs of collection, including
attorneys' fees, litigation expenses, and fees (including contingency and
percentage fees) paid to collection agencies, and
3) That any attorney at law is authorized, on behalf of
permittee, to do the following:
A) Appear before any court of competent jurisdiction in Illinois,
upon complaint made by the Department, and enter permittee's appearance;
B) waive process and service;
C) confess judgment for the full amount billed under this Section,
for all attorneys' fees and costs incurred by the State of Illinois associated
with attempt(s) to collect the amount billed under this Section;
D) accept the release and indemnification provisions stated in
Section 530.225 of this Part;
E) waive all errors and all right of appeal from said judgment(s);
and
F) provide such other consents or cooperation as may be helpful
to complete the collection process so that the Department may be fully paid.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.320 APPORTIONMENT OF COSTS
Section 530.320
Apportionment of Costs
There may be times when the
Department will incur delay or other costs, including third party claims,
because the permittee will not or cannot perform its duties under its permit
and this Part. Unless the permittee shows that another allocation of the cost
of undertaking the requested action is appropriate, the permittee shall bear
the Department's costs of damages and its costs of installing, maintaining,
modifying, relocating, or removing the facility which is the subject of the
permit. No other administrative agency or commission may review or overrule a
permit related cost apportionment of the Department. The sanctions set forth
in Subpart H may be imposed on a permittee who does not pay the costs
apportioned to it.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.330 DESIGN OF FACILITIES
Section 530.330 Design of
Facilities
Capacity for foreseeable future
expansion needs shall be provided in initial installations.
SUBPART D: SPECIFIC PERMIT CONDITIONS
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.400 UNDERGROUND FACILITIES POWER AND COMMUNICATION LINES
Section 530.400 Underground
Facilities – Power and Communication Lines
a) General
1) Longitudinal lines shall be located as near the right-of-way
line as practicable and no more than eight feet from and parallel to the
right-of-way line.
2) Installation shall have a minimum cover of 30 inches except
communication lines installed by the plowed method shall have a minimum cover
of 24 inches.
3) Underground power cables must be grounded in accordance with
the National Electrical Safety Code (ANSI C2-1990).
b) Fully Access Controlled Highways
1) Longitudinal Lines
A) New underground power and communications lines longitudinal to
the centerline will not be permitted within the access-control lines of fully
access-controlled highways under the following conditions:
i) When the installation of the utility would require pavement
cuts.
ii) When non-emergency repairs of the utility would require the
use of any part of the highway.
iii) When the installation of the utility would endanger or impair
other utility facilities already in place.
iv) When the installation of the utility would be above-ground
after installation.
v) When the utility would interfere with or impair the present
use or future expansion of the highway.
B) When new underground power and communications lines are to be
permitted longitudinally to the centerline of fully access-controlled State
highways, the following conditions will apply:
i) No above-ground appurtenances will be allowed on State
highway right-of-way.
ii) No utility facilities will be allowed between the edge of
pavement and the back of abutment of the intersecting roadway at grade
separation structures.
iii) Bridge attachments may be allowed as specified in Subpart G.
2) Underground Crossings
Underground power and communication lines will be permitted
to cross fully access-controlled highways under the following conditions:
A) The crossing provides a transmission or distribution service to
a general area or an expanding area. No individual service crossings will be
permitted to cross a fully access-controlled highway except in cases involving
isolated locations such as landlocked areas.
B) The design, materials and construction methods shall be those
that can be expected to provide maximum maintenance-free service life.
C) Encasement shall be provided between jacking or bore pits, if
the crossing is installed by boring or jacking.
D) Encasement may be eliminated under the following conditions:
i) The crossing is installed by the use of "moles",
"whip augers" or other approved methods which compress the earth to
make the opening for cable installation.
ii) The installation is by the open trench method. This method
is only permitted prior to roadway construction.
E) Above-ground mounted appurtenances to electric power or
communication lines within the access-control lines of fully access-controlled
highways will normally not be permitted except in cases of extreme need. Where
installations are approved, they shall be located within one foot of the
right-of-way line or as near as practicable.
c) Conventional Highways
1) Longitudinal Lines
Underground power and communication lines may be permitted
longitudinal to the centerline of conventional State highways under the
following conditions:
A) Cable may be installed by trenching or plowing with
consideration given to boring to minimizing the damages when crossing improved
entrances and side roads.
B) Above-ground appurtenances constructed as component parts of
underground communication or electric power lines shall be located within one
foot of the right-of-way line or as near as practicable.
2) Underground Crossings
Underground power and communication lines will be permitted
to cross conventional highways under the following conditions:
A) The design materials and construction methods shall be those
that can be expected to provide maximum maintenance-free service life.
B) Encasement shall be provided between jacking or bore pits, if
the crossing is installed by boring or jacking.
C) Encasement may be eliminated under the following conditions:
i) The crossing is installed by the use of "moles,"
"whip augers" or other approved methods which compress the earth to
make the opening for cable installation.
ii) The installation is by the open trench method. This method
is only permitted prior to roadway construction.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.410 UNDERGROUND FACILITIES GAS TRANSMISSION LINES
Section 530.410 Underground
Facilities – Gas Transmission Lines
a) General
1) Gas pipelines shall be constructed, maintained, and operated
in a Department approved, as defined in Section 530.30, manner and in
conformance with "Transportation of Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards" incorporated by reference at Section
530.20.
2) Crossing installations by open trench will be permitted only
prior to roadway construction with vented encasement provided between ultimate
ditch lines or toes of slopes of the highway as a minimum or as directed by the
engineer. No above-ground vent pipes shall be located in the area established
as clear zone for that particular section of highway.
3) Gas pipeline crossings shall have a minimum cover of 30 inches
at all locations on right-of-way, including below design ditch elevation even
if the ditch is higher than design elevation.
b) Fully Access-controlled Highways
1) Longitudinal Gas Pipelines:
New longitudinal gas pipelines will not be permitted within
the access-control lines of fully access-controlled highways. Existing
longitudinal gas pipelines may be permitted to remain if they can be serviced
without access from the through-travel lanes, shoulders, or ramps of the fully
access-controlled highway.
2) Gas Pipeline Crossings:
Gas transmission and distribution lines may be permitted to
cross fully access-controlled highways under the following conditions:
A) The crossing provides a transmission or distribution service to
a general area or an expanding area. No individual service lines will be
permitted to cross a fully access-controlled highway except in cases of extreme
hardship involving critical needs and isolated locations.
B) The design, materials and construction methods shall be those
that can be expected to provide maximum maintenance-free service life.
C) Crossings under completed highway projects shall be installed
by jacking or boring with vented encasement provided between the ditch lines or
toes of slopes of the highway as a minimum or as directed by the engineer. No
above-ground vent pipes shall be located in the area established as clear zone
for that particular section of highway. The crossing may be installed using
tunneling with vented encasement but only when the installation is not possible
by other means. When tunneling, the venting of the encasement shall extend to
within one foot of the right-of-way line. Crossings may also be installed by
the use of "moles," "whip augers" or other approved methods
which compress the earth to make the opening for pipe.
D) Encasement may be eliminated under the following conditions:
i) extra heavy pipe is used; and
ii) cathodic protection of the pipe is provided.
E) If encasement is eliminated, maintenance of damaged or decayed
pipe may not disrupt the right-of-way. (See Section 530.30 "Disrupt the
right-of-way")
F) Locations shall be avoided where rock excavation or deep cuts
would make crossings with proper cover impractical.
G) The locations of the crossing pipe shall be marked at the
right-of-way line with markers that identify the utility and provide emergency
telephone numbers.
c) Conventional Highways
1) Longitudinal Gas Pipelines:
A) Gas pipelines for transmission, distribution, and service may
be permitted longitudinal to the centerline of conventional State highways if
the materials, construction methods, and other elements are in conformance with
the provisions of this Part.
B) Longitudinal gas transmission lines shall be located as near
the right-of-way line as practicable and not more than eight feet from and
parallel to the right-of-way line.
2) Gas Pipeline Crossings:
Gas pipelines for transmission, distribution, and service may
be permitted to cross conventional State highways under the following
conditions:
A) Crossings of over 60 psig shall be installed by jacking or
boring with vented encasement provided between the ditch lines or toes of
slopes of the highway as a minimum or as directed by the engineer. No
above-ground vent pipes shall be located in the area established as clear zone
for that particular section of highway. The crossing may be installed using
tunneling with vented encasement, but only when the installation is not
possible by other means. When tunneling, the venting of the encasement shall
extend within one foot of the right-of-way line. Crossings may also be
installed by the use of "moles," "whip augers" or other
approved methods which compress the earth to make the opening for the pipe.
B) Encasement will not be required for crossings of 60 psig or
less.
C) Encasement may be eliminated under the following conditions:
i) extra heavy pipe is used; and
ii) cathodic protection of the pipe is provided.
D) If encasement is eliminated, maintenance of damaged or decayed
pipe may not disrupt the right-of-way. (See Section 530.30 "Disrupt the
Right-of-Way")
E) The locations of the crossing pipe for transmission and
distribution lines shall be marked at the right-of-way line with markers that
identify the utility and provide emergency telephone numbers. In urban areas,
the markers for transmission and distribution lines may be eliminated as
provided in current Federal regulations. (See 49 CFR 192.707 (1989))
F) In built-up or expanding areas, frequent service crossings are
discouraged in favor of establishing distribution on both sides of the
highway. The Department reserves the right to reject permits involving
frequent service crossings.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.420 UNDERGROUND FACILITIES PETROLEUM PRODUCTS PIPELINES
Section 530.420 Underground
Facilities – Petroleum Products Pipelines
a) General
1) Petroleum products pipelines are those carrying crude or
refined liquid petroleum products including, but not limited to, gasoline,
distillates, propane, butane, or coal-slurry. Petroleum products pipelines
are, with few exceptions, transmission lines delivering products to processing
or distribution facilities. Petroleum products pipelines installed on State
highway right-of-way shall conform to the applicable sections of ANSI Standard
Code for Pressure Piping which is incorporated by reference in Section 530.20.
(Liquid Petroleum Transportation Piping Systems ANSI-B 31.4)
2) Crossing installation by open trench will be permitted only
prior to roadway construction with vented encasement provided between ultimate
ditch lines or toes of slopes of the highway as a minimum or as directed by the
engineer. No above-ground vent pipes shall be located in the area established
as clear zone for that particular section of highway.
3) Encasement may be eliminated under the following conditions:
A) extra heavy pipe is used; and
B) cathodic protection of the pipe is provided.
4) If encasement is eliminated, maintenance of damaged or decayed
pipe may not disrupt the right-of-way. (See Section 530.30 "Disrupt the
Right-of-Way")
5) The location of petroleum products pipeline crossings shall be
marked at the right-of-way lines with markers that identify the utility and
provide emergency telephone numbers in accordance with current Federal
regulations. (See 49 CFR 192.707 (1989))
b) Fully Access-controlled Highways
1) Longitudinal Petroleum Products Pipelines
New longitudinal petroleum products pipelines will not be
permitted within the access-control lines of fully access-controlled State
highways. Existing longitudinal installations shall be relocated if they
cannot be serviced except from through travel lanes, shoulders, or ramps of the
highway. Longitudinal petroleum products pipelines may be permitted outside
the access-control lines where frontage roads or other corridors provide access
for servicing the facilities.
2) Petroleum Products Pipeline Crossings
Petroleum products pipelines may be permitted to cross fully
access-controlled highways under the following conditions:
A) The design, construction methods and materials shall be those
that can be expected to provide maximum maintenance-free service life.
B) Crossing of completed highway projects shall be installed by
jacking or boring with vented encasement provided between the ditch lines or
toes of slopes of the highway as a minimum or as directed by the engineer. No
above-ground vent pipes shall be located in the area established as clear zone
for that particular section of highway. The crossing may be installed using
tunneling with vented encasement, but only when the installation is not
possible by other means. When tunneling, the venting of the encasement shall
extend to within one foot of the right-of-way line.
C) Locations shall be avoided where rock excavation or deep cuts
would make crossings with proper cover impractical.
c) Conventional Highways
1) Longitudinal Petroleum Products Pipelines
A) Longitudinal petroleum products pipelines may be permitted on
conventional State highways if the materials, construction methods and other
elements are in conformance with the provisions of this Part.
B) Longitudinal petroleum products pipelines shall be located as
near the right-of-way lines as practicable and not more than eight feet from
and parallel to the right-of-way line.
2) Petroleum Products Pipeline Crossings
Petroleum products pipeline crossings may be permitted to
cross conventional highways under the following conditions:
A) The materials, construction methods and other elements are in
conformance with this Part.
B) Crossings shall be installed by jacking or boring under
completed highway projects with vented encasement provided between ditch lines
or toes of slopes of the highway as a minimum or as directed by the engineer.
No above-ground vent pipes shall be located in the area established as clear
zone for that particular section of highway. The crossing may be installed
using tunneling with vented encasement, but only when the installation is not
possible by other means. When tunneling, the venting of the encasement shall
be within one foot of the right-of-way line.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.430 UNDERGROUND FACILITIES WATERLINES
Section 530.430 Underground
Facilities – Waterlines
a) General
1) Waterlines generally are those pipelines carrying potable
water. Permit applications for waterlines shall indicate that all requirements
of the Illinois Environmental Protection Agency, Division of Public Water
Supplies, have been satisfied. Waterlines shall be installed to meet or exceed
the recommendations of the current "Standard Specifications for Water and
Sewer Main Construction in Illinois" which is incorporated by reference in
Section 530.20.
2) Water main cover shall be sufficient to provide freeze
protection and shall be maintained at a minimum of three feet.
3) Encasement may be omitted if pipe is installed prior to
highway construction and continuous or restrained joint carrier pipe is used.
Bell and spigot type shall be encased regardless of installation method.
4) Longitudinal lines shall be located as near the right-of-way
line as practicable and no more than eight feet from and parallel to the
right-of-way line.
5) Ground-mounted appurtenances to waterlines shall be located
within one foot of the right-of-way line or as near as practicable.
b) Fully Access-controlled Highways
1) Longitudinal Water Mains
New longitudinal water mains will not be permitted between
the access-control lines of fully access-controlled highways. Existing
longitudinal installations shall be relocated if they cannot be serviced except
from through-travel lanes, shoulders, or ramps of the highway. Longitudinal
water mains may be permitted outside the access-control lines of fully
access-controlled highways if frontage roads or other corridors provide access
for servicing the lines.
2) Water Main Crossings
Water main crossings of fully access-controlled highways may
be permitted under the following conditions.
A) The design, construction methods and materials shall be those
that can be expected to provide maximum maintenance-free service.
B) Crossing of completed highway projects shall be installed by
jacking or boring with encasement provided between jacking or bore pits.
C) Crossing shall provide water service to a general or expanding
area.
D) Individual service crossing under fully access-controlled
highways will not be permitted except involving isolated locations such as
landlocked areas.
c) Conventional Highways
1) Longitudinal Water Mains
Longitudinal water mains may be permitted on the right-of-way
of conventional highways if they conform to the general provisions of this
Section.
2) Water Main and Service Crossings
Water main and service crossings of conventional State
highways may be permitted under the following conditions:
A) The crossings shall be installed by jacking or boring under
completed highway projects.
B) Encasement shall be furnished between bore pits unless
continuous pipe or Department approved jointed pipe is used under the roadway
structure (see Section 530.30, "Department Approved").
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.440 UNDERGROUND FACILITIES SEWER LINES AND DRAINAGE LINES
Section 530.440 Underground
Facilities – Sewer Lines and Drainage Lines
a) General
1) Sanitary sewers and storm sewers other than those installed
only for highway drainage shall be regulated by this Part. Drainage piping
owned and operated by an organized drainage district, sanitary district,
municipality, or individual is regulated by this Part.
2) Permit applications for sewerline installations shall indicate
that the land and water pollution requirements of the Illinois Environmental
Protection Agency, Division of Water Pollution Control, have been satisfied.
Sewer lines shall be installed to meet or exceed the recommendations of the
current "Standard Specifications for Water and Sewer Main Construction in
Illinois," which is incorporated by reference in Section 530.20.
3) Sewer and drain lines shall have minimum cover of 30 inches with
cover sufficient for freeze protection.
4) Longitudinal lines shall be located as near the right-of-way
line as practicable and no more than eight feet from and parallel to the
right-of-way line.
5) Storm sewers, sanitary sewers, or drainage lines may be
permitted to cross highways under the following conditions:
A) The design, construction methods and materials shall be those
that can be expected to provide maximum maintenance-free service life.
B) Casing may be omitted for crossings installed by open trench
method prior to highway construction if the sewer system is unpressurized or if
Department approved continuous pipe or Department approved jointed pipe is used
(See Section 530.30 "Department Approved"). Such uncased installation
shall preclude future repair or maintenance under the roadway structure.
C) Crossings of completed highway projects shall be installed by
jacking or boring with encasement provided between bore or jacking pits.
b) Fully Access-controlled Highways
New longitudinal storm sewers, sanitary sewers, or drainage
lines that are not a part of the highway facilities will not be permitted
between the access-control lines of fully access-controlled highways. Existing
longitudinal sewage or drainage systems may be permitted to remain if they can
be serviced without access from the through-travel lanes, shoulders, or ramps
of the highway.
c) Conventional Highways
Longitudinal sewer and drain lines may be permitted on conventional
State highways if they conform to the general provisions of this Section.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.450 ABOVE-GROUND FACILITIES POWER AND COMMUNICATION LINES
Section 530.450 Above-Ground
Facilities – Power and Communication Lines
a) General
An application for a permit for a new power or communication
installation system shall include evidence, if required, that a
"Certificate of Public Convenience and Necessity" has been issued by
the Illinois Commerce Commission. Electric power or communications
installations on State highway right-of-way shall be constructed, operated, and
maintained in conformity with the provisions of the National Electrical Safety
Code and Illinois Commerce Commission's rules entitled, "Construction of
Electric Power and Communication Lines" (83 Ill. Adm. Code 305) except for
certain vertical clearance requirements as hereinafter noted.
1) Ground Mounted Appurtenances
Ground mounted appurtenances shall be provided with a
vegetation-free area extending one foot beyond the appurtenance in all
directions. The vegetation-free area may be provided by an extension of the
mounting pad, or by heavy duty plastic or similar material. With the approval
of the District Engineer, shrubbery surrounding the appurtenance may be used in
place of vegetation-free area. The housing for ground mounted appurtenances
shall be painted an inconspicuous color.
2) Guy Wires and Brace Posts
A) Guys and braces will not be allowed on the right-of-way.
B) When a variance is allowed, in accordance with Section 530.130,
guy wires shall be equipped with guy guards for maximum visibility.
b) Fully Access-controlled Highways
1) Longitudinal Lines
A) Longitudinal pole lines will not be permitted within the
access-control lines of fully access-controlled highways except existing
installations that can be serviced without access from the through traffic
roadway or ramps.
B) Longitudinal pole lines may be permitted outside the
access-control lines of fully access-controlled highways where frontage roads
or other corridors provide access for servicing the installation and
overhanging of the access-control line is minimal.
2) Overhead Crossings
A) Overhead crossings of power and communication lines over fully
access-controlled highways shall provide a minimal vertical clearance over the
roadway of 20 feet with additional clearances as required by Illinois Commerce
Commission's rules entitled, "Construction of Electric Power and
Communication Lines" (83 Ill. Adm. Code 305) for higher voltage lines.
Where practicable, the crossing shall span the entire right-of-way with no
poles, guys, or appurtenances within the access-control lines.
B) Supporting poles shall be in compliance with the latest AASHTO
"A Policy on the Accommodation of Utilities Within Freeway
Right-of-Way," incorporated by reference in Section 530.20, and the
minimum offset allowable to the tower or pole shall be in accordance with the
clear zone as provided in the latest AASHTO Roadside Design Guide, incorporated
by reference in Section 530.20.
C) Overhead crossings of interchanges that would require poles,
towers, guy wires or brace posts within the interchange will normally not be
permitted except in cases of extreme need. The installation shall be in
compliance with the latest AASHTO "A Policy on the Accommodation of
Utilities Within Freeway Right-of-Way," incorporated by reference in
Section 530.20, and the minimum offset allowable to the tower or pole shall be
in accordance with the clear zone as provided in the latest AASHTO Roadside
Design Guide, incorporated by reference in Section 530.20.
D) Overhead crossings shall be transmission or distribution lines
serving a general area or to serve a developing area. No individual service
crossings will be permitted to cross a fully access-controlled highway except
involving isolated locations such as landlocked areas.
c) Conventional Highways
1) Longitudinal Lines
A) Overhead power and communication lines longitudinal to the
centerline of conventional State highways shall be of single pole construction
located as near as practicable to the right-of-way line and as nearly parallel
to the right-of-way line as reasonable pole alignment will permit.
i) In urban areas, where pavement is curbed, poles are to be as
remote as practicable from the curb with a minimum distance of 1.5 feet behind
the face of the curb.
ii) In urban areas, where pavement is uncurbed, poles shall be as
remote from the pavement as practicable with a minimum distance of four feet
outside the outer shoulder line of the roadway and not within the clear zone.
B) Joint use of poles will be required where practical.
C) No utility poles will be permitted in the ditch line of any
State highway.
D) Ground-mounted appurtenances to electric power or communication
lines shall be located within one foot of the right-of-way line or as near as
practicable.
2) Overhead Crossings
A) Overhead power and communication lines crossing conventional
highways shall have a minimum vertical line clearance over the roadway of 18
feet with additional clearances as required by Illinois Commerce Commission's
rules entitled, "Construction of Electric Power and Communication
Lines" (83 Ill. Adm. Code 305) for higher voltage lines.
B) Poles shall be located within one foot of the right-of-way of
the highway and outside of the clear zone.
C) Overhead crossings at major interchanges will be discouraged.
D) In expanding areas, frequent service crossings will be
discouraged in favor of requiring distribution systems on both sides of the
highway.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.460 ABOVE-GROUND FACILITIES LIGHT POLES AND LIGHTING POWER LINES
Section 530.460 Above-Ground
Facilities – Light Poles and Lighting Power Lines
a) General
1) This Section applies to poles used solely for lighting. Poles
used for both lighting and transmission/distribution shall meet the
requirements of Section 530.450.
2) Ground mounted appurtenances shall be provided with a
vegetation-free area extending one foot beyond the appurtenance in all
directions. The vegetation-free area may be provided by an extension of the
mounting pad, or by heavy duty plastic or similar material. With the approval
of the District Engineer, shrubbery surrounding the appurtenance may be used in
place of vegetation-free area. The housing for ground mounted appurtenances
shall be painted an inconspicuous color.
3) Guy Wires and Brace Posts
A) Guys and braces will not be allowed in the clear zone on the
right-of-way.
B) When guy wires are allowed, guy wires shall be equipped with
guy guards for maximum visibility.
4) Joint Use of Poles
A) Poles supporting both lights and lighting power lines shall
meet the criteria for light poles except joint use of poles will not be permitted
in the clear zone.
B) Joint use of poles will be required where practical.
b) Light Poles
1) Light poles shall be of single pole construction located as
near as practicable to the right-of-way line and, where possible, in protected
areas.
A) In urban areas where pavement is curbed, light poles are to be
as remote as practicable from the curb with a minimum distance of 1.5 feet
behind the face of the curb.
B) In urban areas, where pavement is uncurbed, light poles shall
be as remote from the pavement as practicable with a minimum distance of four
feet outside the outer shoulder line of the roadway.
2) No light poles will be permitted in the ditch line of any
State highway.
3) A light pole located in the clear zone will be breakaway
unless:
A) It cannot be struck by errant vehicles because it is behind or
on a barrier, or is protected by crash cushions which are necessary for other
roadway design reasons; or
B) The amount of pedestrian traffic on nearby pedestrian
facilities is such that a breakaway support would present a greater potential
hazard to the pedestrian traffic than a non-breakaway support would present to
the vehicular traffic. Examples of such locations include sports stadiums and
associated parking areas, tourist attractions, school zones, central business
districts, and local residential neighborhoods where the speed limit is 30
miles per hour or less.
4) Light poles located outside the clear zone of roadways, where
no pedestrian facilities exist, shall be breakaway where there is a possibility
of being struck by errant vehicles.
c) Lighting Power Lines
Power lines serving only to provide power to lights must meet
the same criteria as power and communication lines. (See Section 530.450)
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.470 ABOVE-GROUND FACILITIES OTHER UTILITIES
Section 530.470 Above-Ground
Facilities – Other Utilities
Only light poles, power lines
and communication lines facilities and appurtenances to underground facilities
such as regulator vault gauge boxes, highway crossing casing vents, service and
system pressure regulator installations and pipeline markers will be allowed
above-ground on State highways.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.480 TRACK AND RAIL FACILITIES
Section 530.480 Track and
Rail Facilities
An applicant may be granted a
permit for the placement of track and rails on a State highway right-of-way
based upon the following classifications: a) An applicant which is a
registered rail carrier in accordance with the rules and procedure of the
Illinois Commerce Commission shall, in addition to the permission required by
this Part, have the permission of the ILCC to place track and rail across a highway
at grade.
b) An applicant which is a registered rail carrier shall secure
the permission required by this Part to place track and rail in any manner on
highway right-of-way except as provided in Section 530.480(a).
c) An applicant which is not a registered rail carrier shall
secure the permission required by this Part to place track and rail on highway
right-of-way in any manner.
d) A registered rail carrier which has track and rail facilities
located at grade or otherwise on highway right-of-way pursuant to permit issued
by the Department, agreement with the Department or order of the ILCC issued
prior to the adoption of this Part need not comply with the provisions of
Section 530.40(i).
SUBPART E: CONSTRUCTION METHODS AND MAINTENANCE WORK ON UTILITIES
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.500 CONSTRUCTION METHODS FOR UTILITY INSTALLATIONS
Section 530.500 Construction
Methods for Utility Installations
a) Utility facilities shall be installed in a Department approved
manner, as defined in Section 530.30. Compliance with this Section does not
necessarily constitute compliance with relevant rules of other State agencies
such as the ILCC rules entitled "Construction of Electric Power and
Communication Lines" (83 Ill. Adm. Code 305) and applicable Environmental
Protection Agency regulations.
b) Boring or Jacking
1) Boring or jacking under State highways shall be accomplished
from pits located a minimum of 30 feet from the edge of pavement on fully
access-controlled highways and at a distance of ten feet plus the depth of the
pit without shoring on conventional highways. If shoring is used, the pits
shall be located a minimum of ten feet from the edge of pavement on
conventional highways. The shoring shall be designed, erected, supported,
braced, and maintained so that it will safely support all vertical and lateral
loads that may be imposed upon it during the boring or jacking operation.
2) Wet boring or jetting will not be permitted under the roadway
structure of State highways.
3) Borings over six inches in diameter shall be accomplished with
an auger and following pipe, and the diameter of the auger shall not exceed the
outside diameter of the following pipe by more than one inch. Borings six
inches and under may be accomplished by either jacking, guided whip auger, or
auger with following pipe method. Pits for boring or jacking shall be
excavated no more than 48 hours in advance of boring or jacking operations and
backfilled within 48 hours after boring or jacking operations are completed.
While pits are open, they shall be clearly marked and protected by barricades.
c) Trenching
1) The length of open trench shall be kept to the practicable
minimum consistent with requirements for pipeline testing.
2) Open trench and windrowed excavated material shall be
protected as required by Section 530.240. Where practicable, the excavated
material shall be deposited between the roadway and the trench as added
protection.
3) Excavated material will not be allowed to remain on the paved
portion of the roadway. Where right-of-way width does not allow for windrowing
excavated material off the paved portion of the roadway, excavated material
shall be hauled to an off-road location.
4) Any utility located within the drip line of any tree
designated by the Department to be spared shall be bored under the root system.
d) Backfilling
1) All trenches and excavations under pavements shall be
backfilled with a Department approved granular material and compacted in a
Department approved manner as defined in Section 530.30.
2) All other excavations shall be refilled with Department
approved materials and construction methods, including compaction as defined in
Section 530.30. When excavated material is hauled away or is unsuitable for
backfill, suitable granular backfill shall be used.
e) Pavement Cuts
Pavement cuts for utility installation or repair will not be
permitted on any State highway open for traffic. If a variance is permitted in
accordance with Section 530.130, the following requirements shall apply:
1) All saw cuts will be full depth.
2) Restoration of pavement shall be completed as quickly as
feasible and shall be done in accordance with Section 530.250.
3) Unless otherwise directed, temporary repair with bituminous
mixture shall be allowed.
4) Any failure of either the temporary repair or the restored
pavement shall be immediately corrected.
f) Material Storage on Right-of-Way
All pipe, conduit, wire, poles, cross arms or other materials
distributed along the highway prior to installation shall be placed as remotely
as practicable from the edge of pavement in a manner to minimize its being a
hazard to errant vehicles or an obstacle to highway maintenance and not in the
clear zone. If material is to be stored on highway right-of-way for more than
two weeks prior to installation, approval must be obtained from the Department
as defined in Section 530.30.
g) Operational Restrictions
1) Utility construction or maintenance operations on State
highway right-of-way may be required to be discontinued during periods of
inclement weather when such operations would create extraordinary hazards to
highway traffic (e.g. the use of steel plates may be restricted in winter).
2) Such operations may also be required to be discontinued or
restricted when soil conditions are such that the utility work would result in
extensive damage to the highway right-of-way.
3) These restrictions will be waived when emergency work is
required to restore vital utility services.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.510 ENCASEMENT
Section 530.510 Encasement
a) Encasement of underground utility crossings where required is
intended to serve one or more of the following purposes:
1) To allow replacement of utility without future disruption of
roadway structure.
2) To allow installation of additional facilities without future
disruption of roadway structure.
3) To vent or drain leaks of volatile gases or liquids that might
occur under the roadway structure.
4) To serve as bridge or carrier through unstable soil structure.
5) To prevent cavitation under pavement structure from leaks of
pressurized liquids.
6) To allow ease of insertion and coating protection of utility
conductor or carrier.
7) To provide protection of utility conductor or carrier from
superimposed loads or "dig-in" damage.
b) Casing pipe shall be designed to withstand the load of the
highway and any other superimposed loads. The casing shall be continuous
either by one-piece fabrication or by welding or jointed installation approved
by the Department as defined in Section 530.30.
c) Underground utility crossings without encasement will
generally preclude future maintenance or repair in the area between ditch lines
or toes of slopes.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.520 POST INSTALLATION LOCATION
Section 530.520 Post
Installation Location
All non-metallic underground
utilities will have a Department approved metallic locator installed above the
facility.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.530 TRACK AND RAIL INSPECTION AND MAINTENANCE
Section 530.530 Track and
Rail Inspection and Maintenance
a) A permittee, other than a registered rail carrier classified
in accordance with Section 530.480(a), shall in addition to special permit
conditions undertake the following inspection and maintenance obligations.
1) Inspect its facilities at least once a year, unless otherwise
specified by its permit.
2) Maintain its track and rail facilities to meet the following
standards:
A) The rails on at-grade crossings shall be flush with the highway
surface. Crossing materials shall not be loose or unstable. The highway
surface shall not be rough (i.e., deviations in surface plane shall not exceed 3/4"
in any one yard square area).
B) Warning and protection devices shall be fully functional.
C) Each overpass must be able to support the loads for which it is
designed and used. Furthermore, portions of an overpass structure or other
materials shall not be allowed to fall onto the highway below.
D) Underpasses must be able to support the highway and its users
above.
3) Submit condition/inspection reports.
A) Said reports shall have a format which meets the information
requirements of the Department and the National Bridge Inspection Standards,
incorporated by reference in Section 530.20.
B) The reports shall be submitted to the appropriate Department's
District Office issuing the permit within 25 days after the inspection of the
facility.
C) If an imminently dangerous condition is found at a track and
rail facility, that condition shall be immediately reported to the Department.
4) Take all necessary steps to keep the highway open and safe for
motorists.
b) A permittee classified in accordance with Section 530.480(a)
shall undertake the inspection and maintenance obligations required by the
statutes governing, regulations adopted and orders issued by, the ILCC.
c) The Department may make verification inspections of track and
rail facilities to ascertain whether they are being properly maintained and
whether condition reports of those facilities are accurate. Deficiencies shall
be corrected within 30 days unless otherwise specified.
d) The inspection and maintenance required by this Part shall not
apply to registered rail carriers which have track and rail facilities located
at grade or otherwise on highway right-of-way pursuant to permit issued by the
Department, agreement with the Department or order of the ILCC prior to the
adoption of this Part.
SUBPART F: VEGETATION CONTROL
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.600 TREE TRIMMING
Section 530.600 Tree
Trimming
a) The Department's policies for the preservation and
conservation of roadside trees, shrubs, and turf are based on the inherent
value of these environmental features to the public well-being and enjoyment.
b) Tree trimming for line clearance shall not be considered a
normal maintenance operation and each tree trimming project shall require the
application for and the issuance of a separate working permit.
c) Applications for tree trimming permits shall include assurance
that the work will be accomplished by competent workmen with supervision who
are experienced in accepted tree pruning practices.
d) Poor pruning practices resulting in damaged or misshapened
trees will not be tolerated and shall be grounds for cancellation of the tree
trimming permit and for assessment of damages.
e) The Department will require compensation for trees extensively
damaged and for trees removed without authorization. The formula developed by
the International Society of Arboriculture, incorporated by reference in
Section 530.20, will be used as a basis for determining the compensation for
damaged trees or unauthorized removal of trees.
f) The Department may require the removal of trees if trimming or
radical pruning would leave them in an unacceptable condition.
g) The Department may require that special measures be taken to
preserve specimen trees or trees of special significance. The required
measures may consist of higher poles, side arm extensions, covered wire or
other means.
h) Tree trimming permits shall designate an expiration date in
the interest of assuring that the work will be expeditiously accomplished.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.610 CHEMICAL VEGETATION CONTROL
Section 530.610 Chemical
Vegetation Control
a) Spraying of live foliage with any type of brush-killing
chemicals in lieu of cutting will not be permitted on State highway
right-of-way.
b) Each permit application for chemical use for growth retardant
or prevention of reestablishment of brush will be considered individually.
Approval or disapproval will be based on the location and the proposed methods
and materials.
c) Permit applications for chemical control of vegetation shall
require certification that the work will be accomplished by personnel licensed
by the Department of Agriculture as Herbicide Applicators.
SUBPART G: UTILITY ATTACHMENTS TO BRIDGES OR TRAFFIC STRUCTURES
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.700 GENERAL
Section 530.700 General
a) It shall be the general policy of the Department to grant
approval for accommodation of utilities on bridges only when engineering and
economic study substantiates that all other means of accommodating the utility
are not practical. Other means shall include, but not be limited to,
underground, under stream, independent poles, cable supports and tower
supports, all of which are completely separated from the bridge. The utility
company shall include supporting data in their request that indicates the impracticality
of alternate routing.
b) This Section covers the requirements, limitations, procedures,
and assessment of charges for the permitted attachment of utility facilities to
bridges or traffic structures on or over State highways that are under the jurisdiction
of the Department of Transportation.
c) The provisions of this Section are applicable to both existing
and proposed bridges for the attachment of a new utility, the expanding of an
existing utility attachment, or the voiding of an attachment permit.
d) Utility facilities attached to highway structures constitute
varying degrees of hazards to the highway user and to the structure itself.
Utility facilities transmitting commodities that are volatile, flammable,
corrosive, or energized, especially those under significant pressure or
potential, present the higher degrees of risk and such installations will
normally not be permitted. Approval or disapproval of an application for
utility attachment to a highway structure will be based on the following
considerations:
1) The type, volume, pressure or voltage of the commodity to be
transmitted and an evaluation of the resulting risk to the highway user.
2) The type, length, value, and relative importance of the
highway structure in the transportation system.
3) The alternative routings available to the utility and their
comparative practicality.
4) The proposed method of attachment.
5) The degree of interference with bridge maintenance and
painting.
6) The effect on the visual quality of the structure.
7) The public benefit expected from the utility service as
compared to the risk involved.
e) When the Department requires the removal or adjustment of any
existing utility attachment due to the renovation or removal of an existing
bridge, the existing permit will be automatically voided, and if a new permit
is applied for and approved, the utility owner will be assessed in accordance
with this Part.
f) The issuance of a Bridge Attachment Permit will acknowledge
receipt of the assessment charge and will give the necessary permission to
attach, operate, and maintain the facility. In the case of a new structure,
the permit will serve as an agreement during the period of construction and as
a permit to attach, operate, and maintain the facility upon completion of the
construction.
g) The utility owner shall provide approved cut-off facilities at
each end of the highway structure in order that service through the facilities
attached to the structure can be cut off in case of accident or other
occurrence requiring such interruption.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.710 METHODS OF ATTACHMENT
Section 530.710 Methods of
Attachment
a) Prohibited Attachment
No utility attachment to a bridge or traffic structure will
be considered that proposes any of the following practices:
1) Burying conduits or cables in bridge slabs or sidewalks.
2) Drilling holes outside the middle third of the web of load
carrying steel structural elements.
3) Welding on structural steel elements of the structure.
4) Drilling into prestressed or post-tensioned concrete
supporting beams.
5) Casting inserts into the bottom of prestressed concrete
members.
6) Attaching in a manner that will reduce critical clearances.
7) Attaching outside the fascia of the bridge or structure.
8) Gas pipelines over four inches in diameter or having internal
pressure in excess of 75 psig.
9) More than one gas pipeline for each structure.
10) Pipelines carrying liquids or gases of an extraordinarily
hazardous nature shall not be attached to highway structures.
b) Acceptable Attachment Practices
When and where the attachment of a utility to a highway
bridge or structure is given favorable consideration, the following general
practices shall be followed:
1) The attachment shall be located below the floor of the
structure between beams or girders and above the lowest structural member on
existing structures. Conduits may be designed into a new structure for approved
attachments.
2) Supports and hangers shall be designed to clamp or bolt to
steel structural elements.
3) Supports and hangers shall be designed to clamp or bolt to
prestressed or post-tensioned concrete structural elements without drilling.
4) Utility facilities may be hung from inserts drilled on
existing bridges or cast on new construction into non-critical concrete areas
such as the floor slab. Inserts on new construction will be furnished and
installed by the Department and shown in detail on construction plans.
5) The petitioner shall submit plans and specifications showing
the size, weight per foot, and proposed method of attachment of the utility
elements and stating the type of commodity to be transmitted, the proposed
pressure or voltage, and giving the proposed location of cutoffs adjacent to
the structure.
6) A permit for bridge attachment will provide conduit or pipe
capacity for any anticipated expansion. In the interest of simplification, the
assessment charge shall be calculated assuming that all conduits of the
proposed system are filled.
7) All work of attachment and maintenance of the utility
facilities shall be accomplished by the utility. In the case of a new bridge
or traffic structure, the contract special provisions will require the State's
contractor to cooperate with the utility company with the understanding that
the utility company will furnish and install the necessary conduits or pipes
and appurtenances.
SUBPART H: APPLICATION DENIAL, REVOCATION AND SANCTIONS
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.800 DENIAL OF APPLICATIONS
Section 530.800 Denial of
Applications
a) A permit shall be granted unless the Department makes any of
the following findings:
1) that an applicant has a history of not responding to
Department requests;
2) there is no public need for the placement of the requested
facility on the highway right-of-way;
3) the placement of the requested facility on the highway
right-of-way will unduly threaten the safety and convenience of highway users;
4) that the proposed facility, its installation, or its
maintenance will interfere with the ability of the Department to construct,
maintain, operate or improve the highway, including appurtenant facilities;
5) the proposed installation is not in compliance with this Part;
or
6) that the applicant does not have liability insurance
sufficient to satisfy Section 530.50 Indemnification and Insurance.
b) If an application for a permit is denied, the Department will
submit a letter to the utility company explaining the reason for denial. The
application may be resubmitted for consideration if the application can be
modified to meet the Department's objections as specified in the letter of
denial.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.810 SANCTIONS AND OTHER REMEDIES
Section 530.810 Sanctions
and Other Remedies
a) Failure of the permittee to do any of the following
constitutes grounds to revoke a permit issued under this Part:
1) comply fully with the terms of the permit, including the
provisions set forth in this Part;
2) remove, relocate, or otherwise modify its facility, in a
timely manner, when required to do so by the Department; and
3) pay, within 90 days, the costs apportioned to it pursuant to
Section 530.320 and provisions of this Part.
b) Noncompliance of a continuing, pervasive, or serious nature may
result in the revocation or modification of all of the permittee's permits
throughout the State.
c) Upon revocation of its permit, or if notified that no valid
permit exists and that a permit is required, the responsible party shall remove
its facility in a timely manner (See Section 530.30 "Timely") at no
expense to the Department.
d) If the Department finds mitigating circumstances (such as
unavailability of funds or that the failure to comply had not caused major
problems), the Department may impose sanctions and conditions on a permittee
which may include, but not be limited to, the following:
1) The permit may be revoked in part.
2) A surety bond may be required, even for facilities already in
place.
3) Existing and future facilities may be required to be buried
and encasement may also be required.
e) Failure of a permittee (or former permittee) to comply with
the Department's notice of revocation or amendment constitutes a violation of
this Part and Section 9-113 of the Code.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.820 INCOMPATIBILITY WITH HIGHWAY USE
Section 530.820
Incompatibility With Highway Use
If the continued use and
occupancy of the right-of-way is incompatible with highway needs, the
Department may require the permittee to modify or remove its facility and may
amend or revoke the permit.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.830 NON-USE
Section 530.830 Non-Use
a) The permittee shall notify the Department within 15 days of
the termination of its use of a facility. If requested to do so by the
Department, the permittee shall remove its facilities and restore the
right-of-way in accordance with Section 530.250. Such removals are not
expected to be normal requirements, and will be requested only when the
abandoned or non-used utility facilities will interfere with anticipated
construction or other anticipated use of the right-of-way in the area, or when
existence of the abandoned or non-used utility facilities could be detrimental
to the highway. The Department may require the permittee to convey ownership,
control, and responsibility of the abandoned facility to the State of Illinois
in exchange for being allowed to leave the facility in or on the right-of-way.
b) If the permittee terminates its use of facilities attached to
a bridge or traffic structure, the Department may require all utility
appurtenances be removed at the permittee's expense. The removal shall include
all clamps or other appurtenances. The bridge or traffic structure where
appurtenances were located shall be painted and restored to its original
condition as part of the removal.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.840 CHANGE OF OWNERSHIP OR OWNER'S IDENTITY OR LEGAL STATUS
Section 530.840 Change of
Ownership or Owner's Identity or Legal Status
a) The permittee shall notify the Department's District Office
that issued the permit within ten days prior to the transfer of a permitted
facility to another party.
b) The new owner shall request that the permit be amended to show
current ownership. If the new owner fails to have a new or amended permit
issued in its name, the new owner shall be presumed to have accepted, and
agreed to be bound by, the terms and conditions of the permit if the new owner
uses the facility or allows it to remain on the State's right-of-way.
c) If a permittee is sold (e.g., a corporation is sold), no
change in the permit is required. The new owner of the permittee shall have
all the obligations and privileges enjoyed by the former owner.
d) If the legal status of the permittee changes (e.g., corporate
merger or the incorporation of a partnership), the permittee is still bound by
the permit, but must notify the Department of the change in the legal status.
SUBPART I: ADMINISTRATIVE REMEDIES
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.900 ADMINISTRATIVE REVIEW
Section 530.900
Administrative Review
a) If the applicant and the District cannot agree either on
whether the permit should be issued or on what conditions would be appropriate,
the applicant may, within 15 days after the issuance of written notice of the
District's position, appeal the District's determination to the Chief of the
Department's Central Bureau of Maintenance.
b) This appeal shall be in writing, shall clearly State the areas
of disagreement and the basis for the applicant's position, and shall be
directed to:
Illinois Department of Transportation
Division of Highways
Chief of the Bureau of Maintenance
2300 South Dirksen Parkway
Springfield, Illinois 62764
c) If requested in the appeal, the Chief of the Department's
Bureau of Maintenance or designee shall provide an opportunity to be heard
within ten days after the request. In availing itself of this opportunity, the
applicant may present evidence and arguments which may tend to rebut the
District's determination which is being appealed.
d) The Bureau Chief should either reaffirm or revise, in writing,
the initial determination within 15 calendar days after having heard the
applicant's appeal. If no reaffirmation or modification of the Department's
determination is made within 15 calendar days, that determination shall remain
in effect as if expressly affirmed.
| TITLE 92: TRANSPORTATION
CHAPTER I: DEPARTMENT OF TRANSPORTATION
SUBCHAPTER f: HIGHWAYS
PART 530
ACCOMMODATION OF UTILITIES ON RIGHT-OF-WAY
SECTION 530.ILLUSTRATION A DISTRICT BOUNDARY MAP
Section 530.ILLUSTRATION A District
Boundary Map
 
AUTHORITY: Implementing Section 9-113 and authorized by Section 4-201.1 of the Illinois Highway Code (Ill. Rev. Stat. 1989, ch. 121, pars. 4-201.1 and 9-113).
SOURCE: Adopted at 3 Ill. Reg. 19, p. 45, effective May 7, 1979; codified at 7 Ill. Reg. 3202; Part repealed, new Part adopted at 16 Ill. Reg. 2193, effective January 27, 1992.
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