POLE LINES, BURIED CABLES, PIPE LINES, SIGNS, MISCELLANEOUS FACILITIES
AND MISCELLANEOUS OPERATION
This rule shall apply to and govern the location, installation, construction, maintenance and use of pole lines, buried cables, pipe lines, signs, miscellaneous operations upon State Highway right-of-way and properties under the jurisdiction of the Department of Transportation.
Definition of Terms
(1) "AASHTO" means American Association of State Highway and Transportation Officials. Mailing address: AASHTO, Suite 225, 444 North Capitol Street, N.W., Washington D.C., 20001.
(2) "Access Control Line" means the control line that is defined somewhere between the right-of-way line and the edge of the roadway. When there is no defined access control line, access is controlled at the right-of-way lines.
(3) "Aesthetic Quality" means those desirable characteristics in the appearance of the highway and its environment, such as harmony between or blending of natural and manufactured objects in the environment, continuity of visual form without distracting interruptions, and simplicity of designs which are desirably functional in shape but without clutter.
(4) "Applicant" means the corporation, company, firm, business, partnership, individual or individuals named in and signing the permit and to whom the permit is issued.
(5) "Buried Cable" means any and all cables, wires, conduits, pedestals and/or related fixtures authorized in the permit placed beneath the ground.
(6) "Clear Zone Area" means that portion of the roadside, within the highway right-of-way, free of nontraversable hazards and fixed objects. The purpose of such areas is to provide drivers of errant vehicles which leave the traveled portion of the roadway a reasonable opportunity to stop safely or otherwise regain control of the vehicle. The clear zone area may vary with the type of highway, terrain traversed, and road geometric and operating conditions. AASHTO standards will be applied for establishing clear zone areas for various types of highways and operating conditions.
(7) "Commission" means the Oregon Transportation Commission.
(8) "Department" means the Department of Transportation of the State of Oregon.
(9) "D.M." means District Manager or his designated representative. There are 16 Highway Districts throughout the State of Oregon.
(10) "Engineer" means the Chief Engineer or such person as he shall designate in writing.
(11) "Facility" means pole line, buried cable, pipe line, sign or miscellaneous facilities as those terms are defined in this section.
(12) "FHWA" means Federal Highway Administration.
(13) "Freeway" means a divided arterial highway for through traffic with access allowed only at interchanges.
(14) "Hardship Case" means an extraordinary case or emergency situation that environmentally and economically prohibits a utility from being located on private property.
(15) "Highway" means the public way for vehicular related facilities which are under the jurisdiction and control of the Oregon Department of Transportation.
(16) "Miscellaneous Operations" means the performance of miscellaneous operations as described in the permit.
(17) "Miscellaneous Facility" means the facility authorized by the permit, other than pole line, buried cable, pipe line or sign.
(18) "M.U.T.C.D." means Manual on Uniform Traffic Control Devices for Streets and Highways.
(19) "Permit" means a fully executed form entitled, State of Oregon, Department of Transportation, application or permit to construct pole line, buried cable, pipe line, signs, and miscellaneous operations, miscellaneous facilities, all special permit provisions included in the permit as deemed necessary by the District Manager and all attached exhibits.
(20) "Pipe Line" means any and all pipe lines, hydrants, valve boxes, manholes, conduit and/or related fixtures authorized in the permit.
(21) "Pole Line" means any and all poles, wires, guys, anchors, and/or related fixtures authorized in the permit.
(22) "Right-of-Way" means the entire width between the exterior right-of-way lines including the paved surface, shoulder, ditches and other drainage facilities in the border area between the ditches or curves and the right-of-way line.
(23) "Roadway" means the portion of a highway, including shoulders, for vehicular use.
(24) "Signs" means non-commercial signs and related fixtures authorized in the permit.
(25) "Special Provisions" means those provisions shown under the heading "Special Provisions" in the permit. In all cases of conflict between the Special Provisions and General Provisions, the Special Provisions shall govern.
(26) "Utility Facility" means 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 substantially owned or controlled subsidiary. For the purposes of these rules, the term includes those utility-type facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use. The term utility includes those facilities used solely by the utility which are a part of its operating plant.
Permit Application Procedure
(1) Application for a permit shall be made on the form described in OAR 734-055-0010(19) which may be obtained from the DM office. Applicant shall complete the application and furnish five copies of all necessary attachments. All permit attachments shall be 8 1/2 x 11 inches when possible.
(2) Each permit application will be reviewed by the DM and a site review may be required by the DM.
(3) To facilitate site review (if required by the DM), applicant shall place markers such as lath stakes, or other markings as required at the locations where the applicant proposes to work.
(4) In reviewing permit applications, the DM may consider the following objectives:
(a) Accommodation of utility facilities with no adverse affect on traffic safety, operation, maintenance and aesthetic quality of the highway system;
(b) Incorporation of the appropriate industry code standards and AASHTO publications;
(c) Placement of utility installations in locations where they shall be reasonable to construct and maintain;
(d) Safe and unimpaired use of the highway;
(e) Alternate routes of the utility facilities outside of highway right-of-way should be evaluated for the environmental and economic impact of any loss or impairment of productive agricultural land.
(5) No permit is valid until a copy, approved by the Engineer, has been furnished applicant. No work on highway right-of-way or other Department property is to be started until applicant obtains a valid permit. However, a permit may provide that for a facility, customer service drops or laterals may be placed after notice has been provided to the DM.
(6) An applicant to whom a permit has been issued may undertake emergency repairs upon verbal permission from the DM.
(7) The permit may be presented by an agent, employee or contractor of applicant but it must be signed by applicant.
(8) Applications that deviate from the prescribed rules and regulations must be accompanied by a Permit Variance Request.
Utility Facility Permit Fees
(1) Utility Facility permit fees will be assessed when a permit or permit amendment for a Utility Facility is issued. Utility Facility permit fees are based on the nature, size and extent of the Utility Facility and the Department's costs of reviewing plans and administering the construction of such facilities. Utility Facility Permit Fee Schedule 'A' and Utility Facility Permit Fee Schedule 'B', hereby adopted and made a part of this rule, establish the criteria for determining the permit class and project category upon which permit fees are based.
(a) The following fees apply to a Utility Facility permit or permit amendment that is not related to construction which is initiated by the Department, based on the criteria established in Utility Facility Permit Fee Schedule 'A':
Class -- Fee
(A) 1 -- $150
(B) 2 -- $400
(C) 3 -- $1,000
(D) 4 -- $3,000
(b) The following fees apply to a Utility Facility permit or permit amendment which is required because of actions under OAR 734-055-0045, based on the criteria established in Utility Facility Permit Fee Schedule 'B':
Class -- Project Category: 1 -- 2 -- 3 -- 4
(A) A -- $250 -- $500 -- $750 -- $1,000
(B) B -- $500 -- $1,000 -- $1,500 -- $2,000
(C) C -- $1,000 -- $2,000 -- $4,000 -- $6,000
(D) D -- $4,000 -- $7,000 -- $10,000 -- $15,000
(2) Maintenance of, including replacement in kind, and service connections that can be made without crossing the road from existing permitted installations require 48 hour prior notification to the District Office but are exempt from a permit fee.
(3) The department may, as a condition of the permit, require independent inspection or testing that is in addition to the Utility Facility permit fee.
(4) Activities allowed under existing permits where only notification of the ODOT District Office is required can be performed without an additional Utility Facility permit or permit amendment and without cost. Additionally, District Managers may waive fees for any permit where less than a minimal amount of staff time is required for all ODOT time related to issuance and administration of the permit.
[ED. NOTE: Schedules referenced are available from the agency.]
Stat. Auth.: ORS 184.616, ORS 184.619, ORS 374.305, Sec. 2, Ch. 664, OL 2001 & Sec. 1 and 2, Ch. 820, OL 2001
Stats. Implemented: ORS 758.010, Sec. 2, Ch. 664, OL 2001, Sec. 1 & 2, Ch. 820, OL 2001
Hist.: TO 1-2002(Temp), f. & cert. ef. 1-9-02 thru 7-7-02; TO 6-2002, f. & cert. ef. 6-24-02
Allocation of Cost
(1) The entire cost of locating, constructing, installing, maintaining, repairing, operating or using the facility; or performing miscellaneous operations and of any other expense whatsoever incident to the facilities or operations authorized by the permit shall be paid by applicant.
(2) Applicant shall, in addition to section (1) of this rule reimburse the Department for any reasonable and necessary expenses that the Department may incur in connection with and related solely to the installation of the facility or conducting the operation authorized by the permit. Payment shall be made within 30 days after receipt of billing from the Department. When required by the permit, an advance deposit shall be filed with the DM before the permit work begins.
(3) Applicant shall pay the current market value for any existing forest products on any state land which are damaged or destroyed as a result of operations authorized by the permit. Payment shall be made within 30 days after receipt of billing from the Department.
Liability and Control
(1) Applicant shall be responsible and liable for all damage or injury to any person or property resulting from the physical location, installation, construction, maintenance, operation or use of the facility or operation for which applicant has been granted a permit. Applicant shall indemnify and hold harmless the State of Oregon, the Commission, the Department against any and all damages, claims, demands, actions, causes of action, costs and expenses of whatsoever nature which they or any of them may sustain by reasons of the acts, conduct, or operation of applicant, its agents or employees in connection with the physical location, installation, construction, maintenance, repair, operation or use of said facility or in conducting an operation.
(2) Applicant shall be responsible for relocating or adjusting any other facilities located on highway right-of-way as required to accommodate the facility or operation applied for. Construction of the facility or conducting of an operation by applicant, its agent or contractor, will be permitted only after applicant has furnished the DM evidence that satisfactory arrangements for said relocation or adjustment have been made with the owner of the affected other facility.
(3) The Department, the Engineer, or employees shall not be responsible or liable for injury or damage that may occur to the facility covered by the permit by reason of Department maintenance and construction operations or resulting from motorist or road user operations, or Department contractor or permittee operations, except as to injury or damage caused by the negligence of the Engineer or employees of the Department.
(4) Applicant shall employ any and all methods in performing the operations authorized by the permit which the Engineer may require in order to properly protect the public from injury and the highway from damage.
(5) If the highway surface or highway facilities are damaged by applicant, applicant shall replace or restore the highway or highway facilities to a condition satisfactory to the DM, whether discovered at the time of installation or at a later date. The DM at his option may have applicant replace or restore the highway or highway facilities to a condition satisfactory to him or the DM may replace or restore the highway or highway facilities by contractor or state forces and the costs incurred to be paid by applicant under the terms outlined in OAR 734-055-0020(2).
(6) The work area during any construction or maintenance performed under the permit provisions shall be protected in accordance with the current "Manual on Uniform Traffic Control Devices for Streets and Highways" as amended or supplemented by the Commission. Necessary signs shall be furnished by applicant unless otherwise specified in the permit. Applicant's traffic control plan shall be reviewed and approved by the DM before work begins.
(7) The stopping or parking of vehicles upon the state highway right-of-way for the servicing of such vehicles or the conducting of any business transaction or commercial activity upon state highway right-of-way is strictly prohibited.
(8) Applicant shall be solely responsible for providing correct and complete information as may be required by the permit or the DM. If the DM should determine that any fact required of applicant which is material to the assessment of the facility or operation's impact upon traffic safety, convenience and/or the legal or property rights of any person (including the State of Oregon) is false, incorrect or omitted, the DM may deny or revoke the permit and may require applicant to remove the facility or terminate the operation and restore the facility area to a condition acceptable to the DM at applicant's expense. In such cases the DM, in his judgment, may also require applicant to provide, at applicant's expense, any additional safeguards and/or facilities required to protect the safety, convenience and rights of the traveling public and persons (including the state), if such additional requirements are adequate to achieve those purposes, as a condition of the continued validity of the permit.
(9) To ensure compliance with the terms and conditions of the permit, the Department reserves the right to inspect the work during such periods as the DM deems necessary, to check compliance with the terms of the permit by applicant and to require applicant to correct all deviations from those terms and conditions. The cost of such inspection shall be paid by applicant under the terms outlined in OAR 734-055-0020(2).
(10) Any supervision and/or control exercised by the Department personnel shall in no way relieve applicant of any duty or responsibility to the general public nor shall such supervision and/or control relieve applicant from any liability for loss, damage or injury to persons or property as provided in section (1) of this rule.
(11) Facilities shall be located where they do not create undue interference or hazard to the free movement of normal highway or pedestrian traffic. Locations on sharp curves, steep grades, areas of restricted sight distance or at points which interfere with the placement and proper functioning of traffic control signs, signals, lighting or other devices that affect traffic operation will not be permitted. Any revisions to the facility location shall be approved by the DM prior to construction. Applicant shall furnish the DM two sets of "as constructed" drawings that show the facility location revisions.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Insurance and Bond
(1) When requested in writing by the DM, applicant or its contractor shall obtain and carry, for the period that the facility is being located, installed or constructed or any operation conducted, in order to assume responsibility under OAR 734-055-0025(1) including the repair and restoration of the highway facilities, and also during such future period of time when activities are performed involving the repair, relocation or removal of said facilities or operations conducted which have been authorized by the permit, a certificate of self-insurance or liability and property damage insurance policy or policies providing the coverage against any claim, demand, suit or action for property damage, personal injury, or death resulting from any activities of applicant, its officers, employees, agents or contractors in connection with the location, installation, construction, repair, removal or use of the said facilities or operations being conducted as authorized by the permit and the repair and restoration of the highway facilities, and the said certificate of self-insurance or policy or policies, in addition, shall include as named insureds the State of Oregon, the Commission, the Department, and members thereof, its officers, agents and employees, except as to claims against applicant, for personal injury to any members of the Commission, the Department, or its officers, agents, and employees, or damage to any of its or their property. The said self-insurance certificate or policy shall provide proof of coverage of a combined single unit of $500,000. The said insurance policy or policies shall be in an insurance company duly authorized and licensed to do business in the State of Oregon. A copy of the certificate of self-insurance or policy or policies, or a certificate evidencing the same, shall be submitted to the Access and Utility Permit Unit, 800 Airport Road, Salem, OR 97310 and approved by this office before any work is commenced under the permit.
(2) When requested in writing by the DM, applicant or its contractor shall furnish for the period of time necessary to construct or install a facility or conduct an operation authorized by the permit, including the repair and restoration of the highway facilities, or the conducting of any operations and also during such future periods of time when activities are performed involving the repair, relocation or removal of said facilities authorized by the permit, a bond or cash deposit in the amount specified in the Special Provisions of the permit. If a bond is furnished, it must be written by a surety company duly qualified and licensed to do business in the State of Oregon and in a form satisfactory to the Engineer. No work shall be commenced under the permit until the said bond has been submitted to and approved by, or the said cash deposit has been received by the Access and Utility Permit Unit, 800 Airport Road, Salem, OR 97310.
Construction and Location Details
(1) Applicant or its contractor shall advise the DM's office at least 48 hours in advance of commencing construction of a facility for which a permit has been issued.
(2) Applicant shall submit with the permit application prints of adequate drawings or sketches showing in detail the location of the proposed facility or operation as described in the permit application with respect to existing and/or planned highway improvement, the roadway, the right-of-way lines, and, where applicable, the access control lines and approved access points:
(a) When attachment to a highway structure is involved, details of the attachment method including type of support, spacing, size of pipe and location of the facility shall be included. The attachment method shall be designed by a professional engineer;
(b) When the proposed facility involves pressure pipe lines the following additional data is required:
(A) Design pressure of pipe;
(B) Normal operating pressure;
(C) Maximum operating pressure.
(3) Applicant's completed facility shall be in substantial conformance with the drawings or sketches referred to in section (2) of this rule unless special permission is obtained from the DM to vary from same during installation. When such permission is obtained, applicant shall furnish the DM two sets of "as constructed" drawings or sketches detailing any such variances.
Removal, Relocation or Repair
(1) The permit is issued pursuant to the law of the State of Oregon which authorizes the Commission to subsequently require applicant to remove, relocate or repair the facility covered by the permit at the sole cost of applicant.
(2) Upon receiving written notice from the Engineer to remove, relocate or repair the said facility, applicant shall within 30 days or within the time frame contained in the notice, provide to the Engineer its time estimated requirements for accomplishing the directed action.
(3) The Engineer, after applicant has provided its estimated time requirement for removal, relocation or repair of said facility, may schedule a preconstruction meeting with all applicants and affected contractors to coordinate the requested activity.
(4) The Engineer in a second notice shall direct applicant, within a specified time frame and consistent with a coordination plan, to complete the removal, relocation or repair of said facility. The time frame outlined in the notice shall take into consideration the applicant's estimated time requirements to accomplish the directed action. Such removal, relocation, or repair shall be at applicant's sole cost in accordance with said second notice and instructions received from the Engineer. Before commencing said removal, relocation or repair, applicant shall furnish such insurance and post such bond as the Engineer may consider necessary at that time in the manner provided for in OAR 734-055-0035(1) and (2).
(5) Should applicant fail to remove, relocate or repair the facility as provided in section (4) of this rule, the DM may remove, relocate or repair same and submit a statement of total costs for this work to applicant. Applicant upon receiving said statement will immediately, or within a period of time agreed upon between applicant and Engineer, pay to the Department the full amount of said removal, relocation or repair costs.
(6) If the section of highway in which applicant is required by the Engineer to remove, relocate or repair a facility is or will be under construction or reconstruction or improvement under a contract entered into between the Department and an independent contractor and applicant's failure to remove, relocate or repair said pole line, buried cable, pipe line, sign or miscellaneous facility within the time specified in section (4) of this rule, or such other time as may be specified by the Engineer, results in payment by Department to its contractor of any claim for extra compensation for any work under said contract, applicant shall be liable to the Department for payment of the amount paid to Department's contractor as a direct result of applicants failure to comply with the time requirements of the Engineer.
Maintenance and Operation
(1) Applicant shall at all times keep facilities authorized by the permit in a good state of repair both structurally and, in the case of signs, a clean and neat appearance.
(2) In the event applicant plans to raise the operating pressure for existing pressure pipe lines covered by permit above the "maximum operating pressure" shown in said permit, application for a new permit or an amendment to the existing permit is required.
(3) In the event applicant plans to install additional conductors, or replacement conductors of a higher capacity, on an existing aerial pole line covered by permit, application for a new permit or an amendment to the existing permit is required.
(4) Prior to performing any maintenance work on the facility, applicant shall obtain prior approval from the DM.
(5) All abandoned facilities belonging to the applicant shall be removed from the right-of-way by the applicant, unless the DM allows the facilities to remain by permit.
(1) Nothing in this permit is intended to grant rights or imply approval in areas not falling within the authority and jurisdiction of the Oregon Department of Transportation. It is the responsibility of applicant to determine the need for and to obtain such licenses, permits or other form of approval which may be required by other state agencies, federal agencies, cities and/or counties of Oregon, utility companies or railroads.
(2) If the section of highway covered by the permit is located within a National Forest, because the Department does not generally have any further rights across National Forest land other than an easement for highway purposes, the permit extends only to such rights as the Department has acquired and may therefore properly give. For National Forest lands where the facility constitutes a servitude on the property of the United States, in addition to the rights of the Department, a permit from the Forest Service must be obtained before a highway occupancy permit will be issued. Unless applicant has evidence satisfactory to the Engineer that the rights of the United States in any National Forest land crossed by the highway right-of-way will not be impaired by the facility covered by this permit, application for a permit should be made to the supervisor of the National Forest in which the facility is to be located.
Effective Period of Permit
(1) Unless otherwise provided in the Special Provision, the permit shall be in effect for an indefinite period of time from and after the date issued, unless sooner revoked by mutual consent, or by the Commission or Engineer for failure of the applicant to abide by the terms and conditions of the permit, or by operation of the law, or at the time the applicant to which the permit is issued ceases operation.
(2) Failure of applicant to comply with any of the terms and conditions of the permit shall be sufficient cause for cancellation of the permit.
(3) The permit and the privileges granted and the obligations of applicant created thereby shall be binding upon the successors and assigns of applicant. Applicant shall give the Engineer written notice of any such assignment or transfer within a reasonable time thereafter.
(4) If the applicant fails to commence installation of the facility covered by the permit within the period specified in the permit, the permit shall be deemed null and void and all privileges thereunder forfeited, unless a written extension of time is obtained from the DM.
(5) The construction, maintenance, operation and use of the facility is subject to the paramount control of the Legislature over the state highway system and no right or privilege granted by this rule or the permit issued in accordance with this rule shall be deemed or construed to be beyond the power or authority of the Legislature to control the state highway system. Applicant accepting the permit acknowledges that the rights and privileges granted thereby may at any time be changed or abrogated by Legislative action.
Conformance with Regulations and Industry Codes
(1) All work in connection with the facility or operation authorized by the permit shall be done in a neat and workmanlike manner to the satisfaction of the DM, and the details of construction of the same shall conform to the established rules and regulations now in effect or which may hereafter be put in effect by the Public Utility Commissioner of the State of Oregon, the Oregon State Board of Health or other govern-mental agencies having regulatory authority over said facility. In the event the above agencies do not prescribe standards, then the appropriate industry codes shall apply.
(2) The DM may specify requirements in addition to those listed in these rules when it is deemed necessary to adequately protect the public.
(1) All permit applications that request the use of freeway rights-of-way shall reasonably comply with the current AASHTO policy on the Accommodation of Utilities Within the Freeway Right-of-Way. Installations that may be allowed on freeways are generally limited to crossings only, with all of the installation work and maintenance activities performed outside of the access control line. All permit applications must include detailed drawings that show the location of the proposed facility and the freeway access control lines and/or right-of-way lines.
(2) Consideration will be given for new longitudinal installations that can be located between the freeway access control line and the freeway right-of-way line.
(3) Only extreme hardship cases will be considered for new longitudinal installations that are inside the freeway access control lines. Applications of this nature must satisfy the AASHTO Policy requirements regarding the impact on the freeway traffic safety, operations and maintenance; the future freeway design and construction; and applicant must demonstrate that alternate locations are not available. Applicant shall address each of the above subjects on the form provided by the DM, titled Permit Variance Request. The Department will evaluate the Permit Variance Request by applying sound engineering principles and judgment to determine the approval or denial of the permit application.
(4) Ground-mounted facilities shall be located to comply with the current clear zone criteria established by AASHTO.
(5) The following activities and installations are prohibited on Interstate Freeway right-of-way:
(a) Open cutting of the roadway surface;
(b) Service connections.
(6) Generally, applicant shall not have or gain direct access, either ingress or egress, to any of the facilities authorized by the permit from the main traveled way of said freeway or its on or off ramps. Upon notice to the DM that an emergency exists
and repairs are needed for the immediate protection of property and prevention of personal injury, applicant may request direct access to said authorized facility except that no vehicular traffic movement will be permitted which would cross traffic or affect the normal traffic movement. A permit will only be granted during the actual time of the emergency when applicant can assure the safety of the freeway users.
Specific Construction Details
(1) Corrugated metal pipe and concrete pipe used as a conduit or casing pipe or a gravity flow carrier pipe shall as a minimum conform to requirement of the Department's current issue of "Standard Specifications for Highway Construction". Smooth iron or steel pipe used as a conduit or casing pipe shall be the standard type used for pressure pipe.
(2) No trench shall be excavated with a top width in excess of 18 inches more than the outside diameter of the pipe, conduit, or cable to be installed unless permission is first obtained from the DM.
(3) All underground installations shall be buried a minimum of 30 inches unless permission is first obtained from the DM.
(4) Aerial utilities crossing the roadway of the highway shall have a minimum vertical clearance of 18 feet.
(5) The backfilling of all trenches and tunnels must be accomplished immediately after the facility authorized by the permit has been placed therein and must be fully compacted to produce a density in place of not less than 95 percent of relative maximum density.
(6) All debris, refuse and waste of all kinds, which may have accumulated upon the highway right-of-way by reason of the activity of applicant shall be removed immediately upon completion of the said activity, and the said highway right-of-way must be restored to at least as good a condition as it was prior to such activity.
(7) Unless special permission is first obtained from the DM, direct burial of cable placed by the plowing method shall be limited to areas outside the roadway of the highway.
(8) Standard warning signs for buried power or communications cable and for pipe lines carrying gas or flammable liquids shall be placed at each crossing under the highway and at intervals along longitudinal installations as required by current Public Utility Commissioner's Order or as specified by the DM:
(a) Signs shall be placed as near the right-of-way line as practical;
(b) No signs shall be placed between the guardrail and the highway roadway.
(9) Pedestals installed as part of a buried cable installation are to be located one foot from the right-of-way line unless special permission is obtained from the DM to locate elsewhere. In no case shall the pedestals be located within the highway maintenance operating area, including mowing operations, or nearer the pavement edge than any official, highway sign in the same general location.
(10) The buried cable or pipe depth shown on the permit form represents the distance from the top of the surface or ground line to the top of the cable or pipe.
(11) Applicant shall not spray with selective herbicides, cut or trim trees or shrubs growing on the highway right-of-way unless and until written permission and instructions to do so have first been obtained from the DM.
(12) All material installed within highway right-of-way shall be durable and designed for long service life expectancy and shall be relatively free of routine servicing and maintenance requirements.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.]
Permit Allowing Open Cut of Road Surface
(1) Unless special permission is first obtained from the DM to install by open cut, a pipe line or conduit which crosses under the roadway of the highway, including road or street connections, or road approaches or driveways shall either be tunneled, jacked or driven, or placed in a hole bored under the surface for that purpose in accordance with the following provisions:
(a) Trenching in connection with any of these methods shall be no nearer the toe of the fill slope in fill sections or the point where the outer edges of the surfacing meets the subgrade in other sections than specified in the Special Provisions;
(b) If the tunneling method is used it shall be by an approved method which supports the surrounding materials so as to prevent caving or settlement. Areas around the installed pipe or conduit shall be backfilled with moist sand, granular material or cement grout filling all voids and packed in place with mechanical tampers or other approved devices. Lagging, bulkheading and timbering shall be removed as the backfilling progresses;
(c) When the jacking, driving, or boring method is used it shall be by approved means which will hold disturbances of surrounding material to a minimum. Sluicing and jetting is not permitted. Voids or displacement around the outside perimeter of the pipe, conduit or cable shall be filled with sand or cement grout packed in place.
(2) When special permission is granted to open cut the surfaced portion of the highway the following provisions shall be adhered to:
(a) The trench edges in paved areas shall be sawed or cut to neat lines by methods satisfactory to the DM to a depth sufficient to permit removal of pavement without damage to pavement to be left in place. Pavement within the cutting limits together with all other excavated material shall be removed and disposed of outside the highway right-of-way;
(b) In trenching across the highway, no more than 1/2 of the traveled way is to be opened at one time. The opened half shall be completely backfilled before opening the other half;
(c) Closure of intersecting streets, road approaches or other access points will not be permitted. Upon trenching across such facilities, steel running plates, planks or other satisfactory methods shall be used to provide for traffic to enter or leave the highway of adjacent property.
(d) Unless approved by the DM, no more than 300 feet of trench longitudinally along the highway shall be open at one time and no trench shall be left in an open condition overnight;
(e) Immediately after the facility authorized by the permit has been placed in the trench, the trench shall be backfilled to the standard specified by the DM, producing a density in place of not less than 95 percent of relative maximum density. Granular backfill material shall be placed to an elevation which will allow placing the following foundation material and wearing surface:
(A) Where original surface was asphalt concrete or bituminous treatment of mix:
(i) Wearing surface -- Asphalt concrete placed to a compacted thickness of 4" or the thickness of the removed pavement, whichever is greater;
(ii) Foundation material -- Either l" - O" or 3/4" - 0" aggregate placed to a compacted thickness of 12" or the thickness of the removed stone base, whichever is greater.
(B) Where original surface was Portland cement concrete:
(i) Wearing surface -- Portland cement concrete placed to a thickness of 6" or the thickness of the removed pavement, whichever is greater;
(ii) Foundation material -- same as for asphalt concrete.
(C) Where original surface was crushed rock or gravel: Wearing surface and foundation material -- Either l" - O" or 3/4" - O" aggregate placed to a total compacted thickness of 4" or the thickness of the removed stone base and wearing surface, whichever is greater;
(D) Placement of all materials in subsections (a) through (e) of this section shall conform to the requirements of the current Oregon Department of Transportation Standard Specifications for Highway Construction.
(d) For a period of two years following the patching paved surface, applicant shall be responsible for the condition of said pavement patches, and during that time shall, upon request from the DM, repair to the DM's satisfaction any of the said patches which become settled, cracked, broken or otherwise faulty.
Special "X" Permits
Utility facilities that originally occupied a portion of the right-of-way in which the owner had a compensable interest or a prior right to occupy said right-of-way, will be issued a permit titled "X" Permit. Applicant will be responsible for furnishing the DM with the documentation of the prior rights. The special provisions of this permit will identify the obligations and responsibilities of applicant and the Department.