290 R.I. Code R. 290-RICR-20-00-4.5 - Physical Alteration Permit Process

A. Anyone seeking the permission of the Director as described herein by these Regulations, shall follow the procedure delineated below.

B. No person, firm, corporation, utility company or agency may place or alter curbs, make a connection to, or pump or drain water to, the State Highway drainage system, or in any way make any alteration to the State Highway system without first obtaining a Permit.

C. No access by driveway to a State Highway shall be made without first obtaining a Permit.

D. In order to obtain a Permit, Applicants must review and agree to the provisions of the State of Rhode Island Department of Transportation Standard Specifications for Road and Bridge Construction.

E. An applicant may obtain the Application at a Department of Transportation, Maintenance Division facility, or on-line at www.dot.ri.gov. At the same time, the Applicant should become familiar with the applicable Regulations and Standards to avoid a resubmission fee. These Regulations and Standards will be available on-line at the website listed above.

F. Upon completion of the application, the Applicant shall submit the completed Application with the PAPA Submittal Checklist, all necessary copies of plans and computations, and permit fee(s) required for the type of access as prescribed in these rules. Applications should be submitted to the Maintenance Division Headquarters G. All applications (except single family residential) require a cost estimate of construction operations proposed within the State Highway Right-of-Way and of all proposed construction operations on private property that, if not done or done correctly in accordance with the Permit, would affect the State Highway Right -of-Way. This estimate shall be prepared by a Professional Engineer. A cost estimate may be required for single-family residential applications at the discretion of the Department.

H. When the application is submitted, the Applicant must provide written proof that the Town/City Planning Department or other authorized agent of the affected municipalities has received documentation describing the proposed alteration. Applicants are not required to obtain a building permit before applying for a Physical Alteration Permit.

I. For any applications relating to a commercial alteration, all computations, plans and statements must be approved and stamped by a Rhode Island Registered Professional Engineer. If there is no drainage effect on the State Highway drainage system, the stamp of a Rhode Island Registered Land Surveyor will be an acceptable substitute. When any landscaping is part of the commercial application and it is on state property, the landscape plan must be stamped by a Rhode Island Registered Landscape Architect. Professional stamps may be required for individual, single-family dwellings at the discretion of the Department.

J. Any alteration that affects drainage within the State Highway Right-of-Way shall require the stamp of a Rhode Island Registered Professional Engineer. If there is no effect on the State Highway drainage system, the stamp of a Rhode Island Registered Professional Land Surveyor will be an acceptable substitute.

K. Scenic Roadways - In accordance with State Statute, R.I. Gen Law §24-15-10, certain roadways are designated Scenic Roadways and any alteration within the State Highway right-of-way must receive the approval of the RI Scenic Roadways Board along with the Department's approval through the Physical Alteration Permit process. It is the responsibility of the applicant to check with the local community (or online at www.dot.state.ri.gov) to see if the proposed alteration is on a Designated Scenic Roadway and provide the Department with a written determination.

L. Coordination with the Rhode Island Historical Preservation and Heritage Commission (RIHPHC). The Department will submit a copy of the application to the RIHPHC for comments. The Applicant will be responsible for addressing any comments to the RIHPHC. Permission will not be granted until RIHPHC comments are resolved.

M. Any Commercial Application involving a location on a route serviced by the Rhode Island Public Transit Authority (RIPTA) may be subject to review and comment by RIPTA.

N. During the review process, the Applicant must, at their own expense, provide any additional information or revisions/corrections regarding the proposed alteration to satisfy the Department. As a result of the review, the application will be either issued as a Permit with standard conditions, issued as a Permit with additional conditions, or denied as submitted. The applicant will be notified by mail of the decision.

O. Applicants for major projects are encouraged to coordinate early with the RIDOT. Detailed plans may require staged submissions (10%, 30%, 90% and Final).

P. Change in Property Ownership Issued permits are transferrable. However, it is the responsibility of the original owner/permittee to notify the Department in writing of the sale of the property and to provide the name, address, and telephone number of the new owner. Failure of the original owner/permittee to notify the Department or failure by the new owner to accept transfer of the Permit will result in the original owner/permittee being responsible for all future work done under the Permit. 4.5.1 Appeal An applicant dissatisfied with the decision of the Department may appeal to the Director. The appeal shall be in writing, and submitted to the Director within ten (10) days of the receipt of the decision. The appeal must include a copy of the decision.

Notes

290 R.I. Code R. 290-RICR-20-00-4.5

Amended effective 11/28/2018