37 Miss. Code. R. § 1-7501-03001-401

SECTION 2. PERMITS FOR SECTIONS OF HIGHWAYS ON ACTIVE PROJECTS

This section shall apply to all permits not otherwise covered under Section 1 above and Section 3 below.

1. GENERAL

a. Before a Federal Aid Project can be authorized for construction, all public utilities as located upon the right of way on the proposed project must be covered by a proper permit and/or agreement in accordance with Federal Highway Administration (FHWA) rules and regulations. These requirements will also apply to State Projects.

b. Utility and all other applications as received in the District Office, if located on an active project, will have placed thereon the notation, "Active Project No. _______________________ ", and all other information considered essential. If a project is dropped from the program without a contract having been awarded, the section of highway thereon reverts to its original status and the procedure under SECTION 400 would be applicable.

c. The District Office will alert all personnel in charge of surveys to check the District Maintenance and Construction files for all approved utility encroachment permit applications and agreements. Where there are not approved applications and agreements on file for a utility, the District Engineer should request the Utility Company to complete a standard permit application and process the application through normal channels. If the utility may require adjustment, the permit application may be delayed until right of way plans are approved in order to show its proposed or final adjusted location as hereinafter set out. If the application is in accordance with regulations, it may be approved as set out in SECTION 400.1 above. If the application does not meet the regulations, it should be handled as set out in SECTION 400.3 above.

d. Applications for new utility installations which occur during the active program period must be properly authorized on the appropriate MND Form and approved by the District Engineer or his/her authorized designee except those outlined in the next paragraph. All permit applications on the Interstate highway system and other fully controlled access highways shall be processed through the Maintenance Division as in SECTION 400.2 above. It is noted that situations may arise that require special attention from other divisions of the Department. If so, the Maintenance Division will serve as the liaison between the District and Central Office.

e. For utilities that are in conflict with the construction of a proposed or active highway project and will require adjustments, or are to remain within the highway right of way, a proper permit application or agreement is required. Proper agreement forms will be furnished the utility company at the appropriate programmed stage. All permit applications are to be signed by the District Engineer or his/her authorized designee except in those instances previously designated.

Notes

37 Miss. Code. R. § 1-7501-03001-401