Utility and Railroad Services Contacts - PERMIT-BY-RULE REGULATIONS FOR ABOVE GROUND
UTILITY FACILITIES
STATE OF MAINE
DEPARTMENT OF TRANSPORTATION
PERMIT-BY-RULE REGULATIONS FOR ABOVE GROUND
UTILITY FACILITIES
CHAPTER 205
GENERAL PERMIT-BY-RULE REGULATIONS FOR THE INSTALLATION
OF
POLES, GUYS, CABLES, WIRES AND RELATED ABOVE GROUND EQUIPMENT
EFFECTIVE: JULY 1995
17-229 DEPARTMENT OF TRANSPORTATION
Chapter 25 - PERMIT-BY-RULE REGULATIONS FOR ABOVE GROUND
UTILITY FACILITIES
SUMMARY: This chapter sets forth standards and streamlined
procedures for permitting above ground utility facilities by
utilizing a permit by rule process. This process allows utilities
to design and install proposed utility poles and accessory anchors
and guys according to the technical standards set forth herein,
and further allows for automatic approval of permit applications
unless objections are raised by the Maine Department of Transportation.
TABLE OF CONTENTS
PAGE
§1 - FINDINGS, PURPOSE & RATIONALE . . . . . . . . . . .
. . . . . . . . . . 1
§2 - APPLICABILITY . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 1
§3 - DEFINITIONS . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . 2
§4 - OPTIONS, RESPONSIBILITIES AND LIABILITY OF UTILITIES .
. . . . . 5
§5 - MDOT POWERS . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . 6
§6 - GENERAL SUBMISSION REQUIREMENTS . . . . . . . . . . . .
. . . . . 6
§7 - SPECIAL SUBMISSION REQUIREMENTS . . . . . . . . . . . .
. . . . . 9
§8 - PROCEDURAL REQUIREMENTS . . . . . . . . . . . . . . . .
. . . . . . . 9
§9 - TECHNICAL STANDARDS . . . . . . . . . . . . . . . . . .
. . . . . . . . . 11
APPENDIX A - POLE SETBACKS . . . . . . . . . . . . . . . . .
. . . . . . . . . 15
§1 - FINDINGS, PURPOSE & RATIONALE
The current Statutory Application Procedure for siting utility
facilities is too slow and is not required for most simple
utility pole installations. The purpose of these rules is to
streamline this permitting process by allowing Utilities to
design and install proposed installations in accordance with
the rules set forth herein, including the Technical Standards,
and to allow for automatic approval of permits unless objections
are raised by MDOT. This is a so-called "Permit-By-Rule" process.
In exchange for a quicker permitting period, this process places
a much greater burden on Utilities to determine on their own
whether its proposed installations are in compliance with these
rules.
§2 - APPLICABILITY
Except as specifically set forth below, these rules shall
apply to the installation of facilities on or over the surface
of public ways for which the MDOT is the licensing authority
pursuant to 35-A M.R.S.A. §2502(1)(A).
Within one year of the effective date of these rules, the
Utility Engineer shall have distributed to the Utilities updated
maps clearly identifying prohibited highways. Facilities installed
in areas other than prohibited highways as shown on said maps
shall be legal structures and shall not be affected by changes
or updates to the maps which are received by the Utilities
after the proper filing of a conforming PBR Documents for such
facilities.
For the one year period immediately following the effective
date of these rules or until such time as MDOT has distributed
to Utilities the Prohibited Highway maps referred to in the
preceding paragraph (whichever occurs first), facilities installed
pursuant to these rules in prohibited highways shall not be
legal structures unless (a) the Utility has contacted the Utility
Engineer before submitting the Notification Form to determine
whether the proposed installation is located on a prohibited
highway or (b) MDOT reasonably recognized that the location
of the proposed installation was in a prohibited highway.
Pursuant to 35-A M.R.S.A. §2503 (8), these rules also shall
not apply to the relocation of facilities when the relocation
is because of the construction, reconstruction or relocation
of the roadway.
§3 - DEFINITIONS
AASHTO - American Association of State Highway
and Transportation Officials.
Anchor - A device wholly or partially impeded
in the ground used to provide increased support to a utility
pole.
Anchor Guy - A cable running from a utility pole
to an anchor used to provide support to said pole.
Bridge - Any structure used to convey vehicular
traffic over roadways, water, railroads, etc., that has a span
of ten (10) or more feet and/or an open area of 80 or more square
feet.
Bridge Deck - The surface span of a bridge over
which pedestrian or vehicular traffic travels.
Curb - A raised strip of bituminous, concrete
or granite that is located at the edge of the shoulder.
Day(s) - Each day shown on the calendar, including
Saturdays, Sundays, and Holidays.
Department - Maine Department of Transportation.
Designated Scenic Highway - A highway designated
by the Department as a scenic highway pursuant to 23 M.R.S.A. §4206
(G) and any related authority.
Drainage Ditch - A ditch or swale where water
will collect and flow.
Edge of the Shoulder - The outside edge of the
shoulder not adjacent to the travel lane.
Edge of Travel Lane - The outside edge of the
travel lane adjacent to the shoulder of the road.
Facilities - Poles, guys, cables, wires and related
above ground equipment.
Flow Area - The strip of land four (4) feet in
width and located two (2) feet on either side of the line marking
the bottom of the drainage ditch.
Fully Controlled Access Highway - A highway where
preference is given to through traffic by providing highway access
connections with selected public roads only and by prohibiting
crossings at grade or direct private driveway connections.
General Location - The location along the public
way to be occupied or crossed by the proposed installation established
by reference to some point easily identifiable on reference maps
and on the ground. Acceptable points of reference include town
lines, readily identifiable intersections, major stream crossings,
railroad crossings, or bridge numbers. The distance from the
center of the point of reference to the beginning or end of the
proposed installation shall be given. Further, the general location
must include reference to the municipality and county of the
proposed installation and the relevant highway name and/or route
number.
Highway, Street, or Road - A general term in denoting
a public way for the transportation of people, materials, goods,
and services, but primarily for vehicular travel, including the
entire area within the right-of-way and all appurtenant easements.
Interstate Highway - Interstate highway or interstate
system means any state highway which is or does become part of
the national system or interstate or defense highways as described
in the United States Code, Title 23, Section 103 (e) and amendments
thereto or replacements thereof. The rights of access of owners
or occupants abutting such highways are fully or partially controlled
by public authority.
MDOT - Maine Department of Transportation.
MPH - Miles per hour.
Minimum Roadway Vertical Clearance - The minimum
distance between the roadway and the wire or cable crossing said
roadway.
National Electrical Safety Code (NESC) - A set
of national industry accepted standards that are designated to
safeguard persons from hazards arising from the installation,
operation, or maintenance of : 1) Conductors and equipment in
electric supply stations, and 2) Overhead and underground electric
supply and communication lines. It also includes work rules for
the construction, maintenance, and operation of the electric
supply and communication lines and equipment.
NESC - See National Electrical Safety Code.
Notification Form - A form approved by the Utility
Engineer for use in connection with these Permit-By-Rule provisions
as more fully described in §6A below.
Partially Controlled Access Highway - A highway
where preference is given to through traffic through access connections
with selected public roads, but with some crossings at grade
and some private driveway connections.
PBR Documents - The documents that must be submitted
by the Utility pursuant to these rules. Such documents shall
include the Notification Form, the General Location Map, the
Specific Location Plan, Supporting Data and any special submission
requirements.
Permit - Authorization that a facility is a legal
structure lawfully installed or existing pursuant to these rules
or the Statutory Application Procedure.
Pole Offsets - The distance from a stated
reference point to the face of a pole nearest to the reference
point.
Poles - Vertical structures used to support wires,
cables, and lighting owned by the Utilities, Municipalities,
or the State of Maine.
Prohibited Highways - All interstate highways,
all other partially or fully controlled access highways, or all
designated scenic highways.
Proposed Installation - The facilities to be constructed
within the general location including reasonably anticipated
future replacements or additions. A description of the proposed
installation shall include, as appropriate, the number and kind
of poles, voltage and the number of phases of electrical line,
number of cables or strands, anchors and anchor guys.
Right-of-Way - A general term denoting land, property,
or any interest therein, usually in the shape of a strip, acquired
for or devoted to transportation purposes.
Roadway - The portion of the highway; including
shoulders, used for vehicular purposes.
Shoulder - The portion of the roadway outside
the travel lanes.
Statutory Application Procedure - The 60-day (or
less) permitting process set forth in 35-A M.R.S.A §2501, et.
seq., whereby Utilities must submit a written application to
MDOT and receive from MDOT a written location permit before they
can legally install a facility.
Traffic Island or Center Island - Typically a
raised portion within the roadway that serves to direct traffic.
Travel Lane - The portion of the roadway for the
movement of through traffic.
Utility - All persons or entities engaged in the
business of the transmission of communications, electricity,
or television signals by wire.
Utility Engineer - The Utility & Railroad
Services Manager of the Maine department of Transportation. Current
mailing address: Maine Department of Transportation, Right-of-Way
Division, Attn: Utility Engineer, 16 State House Station, Augusta,
ME 04333.
§4 - OPTIONS, RESPONSIBILITIES AND LIABILITY OR UTILITIES
In cases where a Utility is required by statute to obtain
a written location permit to install facilities, a Utility,
at its option, may utilize these Permit-By-Rule rules, rather
than the Statutory Application Procedure, in order to permit
installation of facilities to which these rules apply. Facilities
properly installed pursuant to these rules are legal structures
within the meaning of 35-A M.R.S.A. §2303(16).
To qualify for permit by rule, the Utilities must submit sufficient
documentation to demonstrate compliance with all of these rules,
including the Technical Standards set forth below. If such
sufficient documentation is not submitted in the form and manner
required by these rules, then the automatic approval procedure
set forth in §8(C) below will not apply.
The Utility shall be fully responsible for the design, construction,
maintenance and operation of its facilities and, to the extent
provided by 35-A M.R.S.A. §2503(6), for any damages resulting
from the Utility's negligence in the installation or maintenance
of said facilities and its appurtenances.
The Utility shall be fully responsible for all costs associated
with moving a facility if it is installed in violation of these
rules.
§5 - MDOT POWERS
Before the date of automatic approval as set forth in §8(C)
below, the Department may require that such a facility meet
additional and/or more stringent design standards than those
contained in these rules, including greater pole offsets, when
the Department reasonably determines that such standards are
in the best interests of public safety due to the specific
characteristics of the proposed installation, specific location,
general location, or highway.
If, through accident reports or public complaints, an individual
pole or facility is identified as an impediment to the free
and safe flow of traffic, the Utility Engineer will consult
the owner(s) of the facility and consider possible means of
reducing the impediment. Alteration of the utility facility
at Utility expense may be required pursuant to Title 35-A,
M.R.S.A. Section 2503.
§6 - GENERAL SUBMISSION REQUIREMENTS
In order to install a facility pursuant to these rules, a Utility
must submit one original and two copies of the PBR documents
to the MDOT as follows: The original and one copy to the Utility
Engineer and one copy to the Maine Department of Transportation
Division Office responsible for the General Location in which
the proposed installation is located.
The Utility shall submit a Permit-By-Rule Notification Form
on a form approved by the Utility Engineer. As is described
below, this form will require a narrative description of the
proposed installation and the appropriate permit number.
The Utility must describe, in narrative format, the proposed
installation including:
a. Description of the general location.
b. Description of the Proposed Installation including, as
appropriate, (i) the
number of poles, (ii) for electric facilities, the voltage
and the number of phases, (iii) for cable and telephone facilities,
the number of cables, wires, or strands, and (iv) any anchor
guys that cross a drainage ditch or are to be located closer
to the roadway than the pole.
c. The proposed Minimum Roadway Vertical Clearance if the
facility is to cross a roadway.
Each Notification Form shall include a permit number which
will be used by both the Utility and MDOT as a unique identifying
number. This number shall contain four components and shall
be in the following format:
Where: A = The last two digits of
the year in which the Notification Form was submitted to MDOT.
B
= A two digit Utility code used by MDOT to identify the Utility filing the permit.
Note:
This will be constant for all permits from a given Utility.
C
= A five digit code used by the State Planning Office to identify the municipality
or
unorganized territory in which the facilities are proposed.
D
= A three digit sequential number starting at 001 for each municipality to be
assessed
by each Utility each year.
This number shall be prominently included in all correspondence
or communication regarding the permit.
For each proposed installation, the Utility must submit an
accurate area map (examples - MDOT highway plan or U.S.G.S.
quadrangle) or a sketch traced from such a map identifying
the general location of the proposed installations.
A Specific Location Plan shall be submitted for each proposed
installation. This plan shall show the relative location of
the roadway and each of the proposed facilities. Longitudinal
distances between control points, poles, etc., shall be given.
Offset distances from the highway centerline, edge of pavement,
curb or other well defined applicable reference shall be given.
The edges of the traveled way or assumed or apparent right-of-way
lines, and other pertinent highway features shall be indicated.
1. a statement, by the checking of the appropriate box on
the Notification Form, that a copy of the Notification Form
has been sent to the appropriate municipal or county officials;
2. a statement, by the checking of the appropriate box on
the Notification form, as to whether the Utility has or intends
to publish notice of the proposed installation in an appropriate
newspaper and, if so, the text of the notice to be published;
3. a statement, by the checking of the appropriate box on
the Notification Form, as to whether joint use or ownership
of the facility is reasonably anticipated at the time for submission
of the permit and a brief description of such anticipated joint
use or ownership;
4. any existing facility owned by the Utility at the General
Location of the Proposed Installation; and
5. the name, address, and telephone number of a Utility contract
person available to review proposed locations at the site.
§7 - SPECIAL SUBMISSION REQUIREMENTS
If a Proposed Installation is to be made over or within 25
feet, as measured horizontally, of the outermost edge of a
bridge deck, the PBR Documents must also include plans showing
the location of the proposed installation relative to the bridge deck,
the method of support, the method of construction, clearances
and other data pertinent to the safety and use of the bridge.
When a Utility is required by statute to obtain a permit to
occupy an existing pole of another Utility, the submission
requirements for the PBR Documents shall be identical to those
for any permit under these rules, with the following exceptions
and additions.
b. the description used by the Utility that owns the poles
with reference to the work order number, plans number, or
application number relating to said poles along with the
date;
c. reference to the MDOT Permit Number assigned to the Utility
that owns the poles, if any.
3. That PBR Documents shall be signed by the Utility that
owns the poles to demonstrate its approval.
§8 - PROCEDURAL REQUIREMENTS
The Utility may give public notice of the proposed installation
by publishing a brief, but accurate description of the General
Location and Proposed Installation once in a newspaper circulated
in the municipality, municipalities, or unorganized territories
encompassing the limits of the General Location. The applicant
must publish such a notice if the proposed installation will
carry 50,000 volts or more.
If publication is made, the notice shall also include a statement
equivalent to the following: "Any person, firm, or corporation
owning property which abuts the public way described above
and claiming to be adversely affected by this proposed installation,
may file a written objection with the Department of Transportation,
R/W Division, Utility Section, Attn: Utility Engineer, 16 State
House Station, Augusta, Maine 04333 within 14 days after the
publication of this notice. The objection filed must state
the reason for such objection.
If the Utility elects to not publish any public notice, the
Utility is advised that, pursuant to 35-A M.R.S.A. §2503(3)
(B), objections may be filed in certain cases up to 90 days
after installation that may require the Utility to move the
facility at its expense.
An on-site inspection of the proposed facility installation
is not required by these rules. However, the MDOT may require
an on-site inspection if it determines it is in the best interest
of public safety to do so. The Utility may also request
an on-site inspection, and is encouraged to do so, if it has
any specific questions or concerns regarding a particular highway
or proposed installation.
If the Utility is not notified of any objections of the MDOT
within 14 days from the date of receipt of properly filed and
conforming PBR Documents, then the proposed facility location
is automatically deemed approved without any further notification
from the MDOT.
If the Utility is not notified of any objections of the MDOT
within 30 days from the date of receipt of properly filed and
conforming PBR Documents, then the proposed facility location
is automatically deemed approved without any further notification
from the Department.
Utilities shall not divide projects having one primary engineering
purpose and more than ten (10) poles into multiple projects
involving ten (10) or fewer poles for the purpose of availing
themselves of the 14 day automatic approval process provided
above.
Permits automatically granted pursuant to these rules shall
expire if substantial construction of the Proposed Installation
is not commenced within 12 months after the date the permit
is automatically granted.
Utilities are advised that, pursuant to 35-A M.R.S.A. §2503(3),
objections that may require a Utility to move a facility at
its expense can be filed in certain cases up to 90 days after
installation.
§9 - TECHNICAL STANDARDS
In order to install a facility pursuant to these rules, the
facility must comply with the following technical standards.
No exceptions to these Technical Standards will be considered
under the Permit-By-Rule process. If an exception is needed
to allow installation, the Utility must use the Statutory Application
Procedure.
In addition, and except as otherwise expressly provided in these
rules, the Maine Department of Transportation subscribes to AASHTO's "A
Guide for Accommodating Utilities within Highway Right-of-Way".
This guide, to the extent not in conflict with these rules,
is incorporated herein by reference.
The Pole Offsets shall be measured from the face of the pole
to the edge of the designed travel lane or to other reference
points as noted.
Minimum pole offsets are dependent upon the maximum speed
limit and shall be in accordance with the attached Appendix
A. Greater setbacks are encouraged when space permits
Minimum vertical clearance for overhead wires, guys, etc.,
shall in no case be less than prescribed by the National Electrical
Safety Code, National Bureau of Standards, United States Department
of Commerce. Notwithstanding the preceding sentence, Minimum
Roadway Vertical Clearances measured at 60 degrees Fahrenheit
with no wind, shall be a least 18 feet.
Design and construction of all wire and cable line, electrical,
telephone, fire alarm, etc., shall comply with the National
Electrical Safety Code.
The Utility shall provide such protective services, including
flaggers and police as may be necessary to safeguard traffic
during construction, inspection, maintenance and operation
and shall remove all equipment and materials not in actual
use for construction, inspection, maintenance and operation
from the highway as expeditiously as possible. Such protective
services shall be in compliance with the Manual of Uniform
Traffic Control Devices, Part VI.
The Utility may install the proposed facility up to ten (10)
feet at variance from the Specific Location contained in the
PBR Documents or replace an existing facility up to ten (10)
feet at variance from the Specific Location contained in the
PBR Documents or replace and existing facility up to ten (10)
feet at variance from the current location if (a) the change
in location is necessary due to an unexpected variation in
field conditions, (e.g. ledge), (b) the ten (10) foot moving
of the facility is "in-line" (usually approximately
parallel to the roadway), and (c) otherwise complies with the
Technical Standards.
The Utility may install the proposed facility farther away
from the roadway than specified in the PBR Documents provided
the facility is actually installed (a) within the highway right-of-way
and (b) otherwise complies with the Technical Standards.
Poles shall be set back a minimum of three (3) feet from the
back of the guardrail posts to the face of the pole. Where
space permits, greater pole offsets are encouraged to facilitate
snowplowing.
I. Poles, Anchors and Ditches/Anchor Guys Toward Roadway
No poles or anchors shall be set in a flow area. If anchor
guys are proposed to cross a ditch or are to be located closer
to the roadway than the pole, then the Utility shall (a) notify
MDOT of this situation by checking the appropriate box on the
Notification Form and by including a description of said guy
in its description of the Proposed Installation and (b) in
the design and installation of the guy, consider the ditch
maintenance responsibilities of MDOT to the maximum extent
practical with reference to geometric conditions, the right-of-way
width, and the configuration of property boundaries. The Utility
shall be responsible for the cost of moving such anchor guys
if the MDOT reasonably determines that such moving is required.
Permanent poles shall not be permitted in the center island
of a traffic circle. Poles shall not be permitted in any other
traffic island.
A Utility may install a pole that is located in the span between
two existing permitted poles and closer to the roadway than
the minimum pole offsets described in Appendix A., provided
that (1) the proposed mid-span pole is "in-line" with
the two adjacent poles, and (2) the offset of the proposed
mid-span pole is equal to or greater than the smaller of the
pole offsets of the two adjacent poles. Notwithstanding the
preceding sentence, the subsection 9(L) does not permit a utility
to place mid-span poles within more than two adjacent spans
between existing permitted poles.
These rules are not intended to limit in any way, the applicability
of any relevant federal, state, or local law, regulation, or
guidance regarding accessibility for disabled persons which
otherwise apply to the installation of utility facilities including
the Accessibility Guidelines promulgated pursuant to the Americans
with Disabilities Act (ADA).
APPENDIX A
Pole Setback Requirements
for new Poles or Applicable Pole Regulations
Speeds over 35 MPH
6 feet from edge of shoulder or 10 feet from edge of travel
lane (whichever is farther from the roadway)
Speeds 35 MPH or Less
* Note that greater pole setback requirements existing for
pole installation or relocation in connection with MDOT projects
including new construction, reconstruction, rehabilitation,
restoration, and structural pavement overlay projects. A table
of such setbacks which is a codification of existing practice
standards between MDOT and Utilities regarding such road projects,
is available from the Utility Engineer.
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STATUTORY AUTHORITY: 35-M.R.S.A. §2503(16)
EFFECTIVE DATE: (5 days after adoption filing as assigned by
the Secretary of State).
BASIS STATEMENT
This rule is intended to stream line the permitting process
involved with permitting above ground utility facilities (poles
and accessory anchors and guys), thus reducing administrative
time and cost for both the utilities and the state, thus ultimately
reducing potential cost to rate payers and taxpayers.
