(1)
General.
(a) Utility companies within or
desiring to use the right of way under the jurisdiction of UDOT for the
installation or maintenance of any utility facility must be licensed to do so
by entering into a Statewide Utility License Agreement (SULA) with UDOT. This
SULA sets forth the procedures and conditions for the issuance of encroachment
permits for all installations statewide. Utility encroachment permits are not
issued without an executed SULA. UDOT may impose additional restrictions or
requirements for SULAs or utility encroachment permits.
(b) Utility companies desiring to use the
right of way to install Small Wireless Facilities shall also enter into a
Non-Exclusive Installation and Occupancy Agreement with UDOT before the
issuance of a permit.
(c) A
permitted facility shall, if necessary, be modified by the utility company to
improve safety or facilitate alteration or maintenance of the right of way as
determined by UDOT.
(2)
SULA.
(a) Agreements are executed by UDOT and
utility companies to set forth the terms and conditions for the accommodation
and maintenance of utility facilities within the right of way. A SULA is
required for but does not guarantee the approval of encroachment
permits.
(b) Facilities that are
not defined as a utility under Section
54-3-29 or facilities that only
serve a business or individual are required to enter into a SULA with UDOT for
crossings only and may not be installed longitudinally or attached to bridges.
The business or individual with these types of facilities are still required to
comply with the requirements of this rule.
(c) As part of executing a SULA with UDOT,
owners of facilities located in the right of way are required to post a
continuous bond in the amount of $100,000, naming UDOT as the insured, to
guarantee satisfactory performance. The UDOT Statewide Utilities Manager may
approve a lesser amount.
(d)
Political Subdivisions are exempt from the bond requirements described in this
section if the political subdivision:
(i) is
a member of the Utah Local Governments Trust for commercial general liability
insurance; or
(ii) is self-insured
or carries liability insurance with minimum coverage of $1,000,000 per
occurrence and as more specifically described in its SULA. This option requires
prior UDOT approval.
(e)
For small canal companies that cannot obtain the required bond, UDOT may allow
the canal to carry liability insurance with minimum coverage of $1,000,000 per
occurrence and as more specifically described in its SULA. This option requires
prior UDOT approval.
(f) Upon
discovery of utility -caused damage to the highway, a public transit facility,
or to the right of way, UDOT may opt to exercise its bonding rights in
recovering costs incurred to restore the highway, public transit facility, or
right of way. The utility company is liable for all restoration costs incurred
because of damages caused by its utility, and its liability is not limited to
the amount of the bond.
(g) SULA
may be terminated at any time by either party upon 30 days advance written
notice to the other. Permits previously issued and approved under a terminated
agreement are not affected and remain in effect on the same terms and
conditions set forth in the agreement and permits. The obligation to maintain
the $100,000 bond continues until the utility company's facilities are removed
from UDOT's right of way.
(3) Emergency Work.
(a) In all emergency work situations, the
utility company or its representative shall contact UDOT immediately and on the
first business day shall contact UDOT to complete a formal permit. Failure to
contact UDOT for an emergency work situation and obtain an encroachment permit
within the stated time is a violation of the terms and conditions of the
utility company's SULA. At the discretion of the utility company, emergency
work may be performed by a bonded contractor, public agency, or a utility
company. None of the provisions of this rule are waived for emergency work
except for the requirement of a prior permit.
(4) One Call Requirements.
(a) Underground facilities are not permitted
within the right of way unless the utility company subscribes to Blue Stakes of
Utah and other appropriate "call-before-you-dig" systems, or otherwise provides
utility plans as detailed in Subsection
R930-7-11(6)(a)
of this rule.
(5)
Preservation of New Pavement.
(a) Cuts or
open excavations on newly constructed, paved, or overlaid highways are not
allowed for two years. If an emergency cut or excavation occurs, the
responsible utility company shall comply with any special conditions imposed by
UDOT regarding restoration of the roadway.
(6) Encroachment Permits.
(a) Encroachment Permits on State Highways.
Utility companies shall obtain an encroachment permit from
UDOT for the installation and maintenance of utility facilities on the right of
way pursuant to Section
R930-6-4. Encroachment permits
are approved or disapproved by UDOT. Applications for encroachment permits are
submitted to the Region Permits Officers by the utility company or its
contractor. No utility company or utility company contractor shall begin any
utility work on the right of way until an approved encroachment permit is
issued by UDOT and the utility company is authorized to proceed in writing.
Prior to the issuance of encroachment permits, fees are assessed to cover
related costs incurred by UDOT including costs for planning, coordination, and
utility plan review.
If the utility company expects work to significantly impact
travel lane capacity, UDOT recommends the utility company contact the
appropriate Region Permit Office to discuss concepts in advance of submitting
an encroachment permit application.
Utility companies shall electronically submit a detailed plan
of work depicting the proposed installation. The plans shall be sized as
required by UDOT and include utility company identification, work location,
utility type, and size, type of construction, depth of bury, vertical and
horizontal location of facilities relative to the centerline of the road,
location of all appurtenances, trench details, right of way limits, and traffic
control plans. Traffic control plans shall conform to the Utah MUTCD as
outlined in Subsection
R930-7-7(1)(d),
are mandatory for each instance of utility construction or maintenance, and
shall be attached to each permit application.
Utility companies may authorize their contractors to obtain
permits on their behalf. All terms and conditions described in the SULA apply.
The utility company's construction forces or the utility contractor shall
always carry a copy of the approved permit while working on the right of
way.
(b) Bonding and
Liability Insurance Requirements.
(i)
Individual (one-time use) Encroachment Permit Bonding Requirements. As
authorized by Subsection
72-7-102(3)(b)(i)
this rule requires encroachment permit applicants to post a Performance and
Warranty Bond, using UDOT's approved bond form, for three years from the date
of the beginning of utility construction work or two years from the end of
utility construction work, whichever provides the longer period of coverage. A
separate Performance and Warranty Bond is required for each individual
encroachment permit. Political subdivisions of the state are not required to
post a bond unless the political subdivision fails to meet the terms and
conditions of previous permits issued as determined by UDOT. The amount of the
bond is determined by the UDOT Region Permits Officer based on the scope of
work being performed but will not be less than $10,000. The UDOT Region Permits
Officer may approve a lesser amount.
(ii) Statewide (multiple use) Encroachment
Permit Bonding Option. In lieu of posting multiple individual one-time use
bonds, encroachment permit applicants who routinely acquire encroachment
permits may elect to post a statewide performance and warranty bond, using
UDOT's approved bond form. A statewide bond satisfies bonding requirements for
permitted utility construction work in all UDOT Regions. The bond amount is
determined by UDOT but will not be less than $100,000. This statewide
encroachment permit bond is in addition to the continuous bond for the
SULA.
(iii) Inspection Bond. UDOT
may require an additional inspection bond to ensure payment for UDOT field
review and inspection costs before an encroachment permit is granted.
(iv) Proceeds Against the Bond. UDOT may
proceed against the bond to recover all expenses incurred if payment is not
received from the permit applicant within 45 calendar days of receiving an
invoice. Upon discovery of utility -caused damage to the highway, a public
transit facility, or to the right of way, UDOT may opt to exercise its bonding
rights in recovering costs incurred to restore the highway, public transit
facility, or right of way due to utility -caused damages. Failure by the
utility company to maintain a valid bond in the amounts required shall be cause
for denying the issuance of future permits and for the removal of the utility
from the right of way.
(v)
Liability Insurance Requirements. Permit applicants are also required to
provide a certificate of liability insurance in the minimum amounts of
$1,000,000 per occurrence and $3,000,000 in aggregate. Failure to meet this
requirement will result in application denial. Liability insurance coverage is
required throughout the life of the permit and cancellation will result in
permit revocation.
(c) Assignment of Permits. Permits
may not be assigned without the prior written consent of UDOT. All assignees
shall be required to execute a SULA.
(d) Indemnification. Permit holders
performing utility work on the right of way shall always indemnify, defend and
hold harmless UDOT, its employees, and this state from responsibility for any
damage or liability arising from their construction, maintenance, repair, or
any other related operation during the work or as a result of the work. Permit
holders shall also be responsible for the completion, restoration, and
maintenance of any excavation for three years following the completion of any
work unless UDOT requires a longer period of indemnification due to specific or
unique circumstances.
(e)
Cancellation of Permits and Termination of SULA. The following situations will
cause the cancellation of permits, termination of the SULA, or both:
(i) A utility company's failure to maintain a
valid bond in the amount required;
(ii) A utility company's failure to comply
with the terms and conditions of the SULA;
(iii) A utility company's failure to comply
with the requirements of the encroachment permit; and
(iv) A utility company's failure to pay any
sum of money for costs incurred by UDOT in association with plan review
application, installation or construction review, permit fees, inspection,
as-built plan submittals, reconstruction, repair, or maintenance of the utility
facilities, or any other costs associated with the department's approved fee
schedule.
When the permit is canceled, UDOT also may remove the
facilities and restore the highway, public transit facility, and right of way
at the sole expense of the utility company. Before any cancellation, UDOT shall
notify the utility company in writing, setting forth the violations, and will
provide the utility company with a reasonable time to correct the violations to
the satisfaction of UDOT. UDOT may also not issue any further permits to
utility companies that do not comply with this rule, permit requirements, or
the SULA.
Notes
Utah Admin.
Code R930-7-6
Amended by
Utah
State Bulletin Number 2016-6, effective
2/23/2016
Amended by
Utah
State Bulletin Number 2016-22, effective
10/24/2016
Amended by
Utah
State Bulletin Number 2019-16, effective
7/23/2019
Amended by
Utah
State Bulletin Number 2024-24, effective
12/11/2024
