Location and Relocation of Private Lines on State Highways

PURPOSE: This rule defines private lines and establishes where private lines should be located on state highway right-of-way and provides a uniform system for regulating the location, construction, maintenance, removal, and relocation of private lines on the right-of-way of state highways. (1) Private lines are defined as privatelyowned facilities which convey or transmit 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 but which is devoted exclusively to private use. (2) Private lines are permitted to cross the right-of-way of a highway on the state highway system in the same manner as provided for utility facilities in 7 CSR 10-3.010. (3) Longitudinal use of the highway right-ofway by private lines is not permitted except as provided for in section (4) of this rule. (4) Special conditions at specific locations which make adherence to this policy impractical may be submitted to the Missouri Department of Transportation chief engineer for consideration of an acceptable alternative. (5) Except as herein described, all work to be performed on right-of-way of the state highway system in connection with the location, relocation, or maintenance of private lines, and where the roadway, shoulders, or rightof-way will be affected by the work, must be done only under a permit or agreement to be issued prior to the commencement of the work by authority of the Missouri Highways and Transportation Commission and that specifies the nature of the work to be performed. Application for permits may be made on forms provided for that purpose. The chief engineer shall determine and order the location and relocation of private lines within the right-of-way of any state highway to prevent interference with the construction, maintenance, and public use of state highways. A deposit or bond may be required, in the department’s sole discretion, to insure completion in accordance with the permit issued. Applications for permits may be obtained at any of the seven (7) district highway offices of the commission, Missouri Department of Transportation’s website located at: http://modot.mo.gov/design/UtilityResources/Permits.htm, or by requesting the applications from the office of the Missouri Highways and Transportation Commission at the Missouri Department of Transportation Building, 105 W. Capitol Ave., PO Box 270, Jefferson City, MO 65102, or by calling (573) 751-2551. (6) When emergency operations work is necessary, the damaged facility may be accessed immediately and without a permit by leaving the through roadways at such points as may be necessary to effect emergency repairs, provided immediate notice is given to the Missouri State Highway Patrol and the commission’s district engineer or his/her designee for the district wherein the work will be performed, and a permit for emergency operations is requested immediately upon discovery of the need for emergency operations. A permit for emergency operations work is to be obtained as soon as practical, but in no event later than two (2) working days after the emergency operations work has commenced. For the purposes of this section (6), emergency operations include, but are not limited to, unplanned work in response to utility lines or facilities being so damaged as to constitute an emergency situation directly affecting or endangering traffic on the highway or public health or safety. AUTHORITY: sections 226.020 and 227.240, RSMo 2016.* Original rule filed June 10, 1988, effective Nov. 11, 1988. Amended: Filed July 29, 1994, effective Feb. 26, 1995. Amended: Filed Nov. 14, 2017, effective June 30, 2018. *Original authority: 226.020, RSMo 1939 and 227.240, RSMo 1939, amended 2005, 2006.