Arkansas Administrative Code

27 CAR § 91-1208. Small tool expense. (a) Reimbursement for the use of small tools on a project will be made on the basis of tool expenses accumulated in and distributed through the utility owner's clearing accounts or other equitable and supportable allocation basis, otherwise, …

27 CAR § 91-1209. Contract labor. (a) Utilization. (1) Contracts may be entered into by the utility owner for facility relocation when it is clearly shown that it is in the best interest of the Arkansas Department of Transportation, or that the utility owner is not adequately sta…

27 CAR § 91-1210. Betterments and betterment credit. (a) General. (1) In some cases, the utility owner may upgrade its facility during relocation. (2) Betterments increase the facility capacity or improve transmission, including function and quality. (3)(A) The Arkansas Departmen…

27 CAR § 91-1301. Preparation and processing of partial invoices. (a)(1) Costs submitted for reimbursement must have actually been expended by the utility owner prior to including the expense on an invoice, unless the Arkansas Department of Transportation has previously given app…

27 CAR § 91-1302. Preparation and processing of final invoices. (a)(1) Costs submitted for reimbursement must have actually been expended by the utility owner prior to including the expense on an invoice, unless the Arkansas Department of Transportation has previously given appro…

27 CAR § 91-1303. Invoices for lump-sum agreements. (a) Timing. The utility owner shall submit one (1) original of the final invoice in the exact amount of the agreed lump-sum reimbursement to the Arkansas Department of Transportation no later than one (1) year after completion o…

27 CAR § 91-1304. Audit by the department. (a) Invoices, time sheets, and other source documents supporting the utility owner's work performed under an agreement or contract with the Arkansas Department of Transportation will be subject to an audit by the department to determine …

27 CAR § 91-1305. Change orders. Change orders must be prepared and approved in accordance with 27 CAR §§ 91-804 and 91-905 for applicable costs to be reimbursed.

27 CAR § 91-201. General. (a) The utility owner shall provide plans detailing the proposed work with the permit application. (b) This subpart provides information on design and installation requirements for the work.

27 CAR § 91-202. Design. (a) All utility installations within the highway right-of-way shall conform, as a minimum, to 23 C.F.R. § 645.201 et seq., and the most recent versions of the following American Association of State Highway and Transportation Officials publications: (1) R…

27 CAR § 91-203. Scenic enhancement. (a)(1) The type and size of utility facilities, and the manner and extent to which they are permitted along or within highway right-of-way, can materially alter the scenic quality, appearance, and view of highway roadsides and adjacent areas. …

27 CAR § 91-204. Safety. (a) The following items related to safety apply to the utility owner's activities within the highway right-of-way. (b) By undertaking work within the highway right-of-way, the utility owner agrees to the following: (1) The utility owner shall assume full …

27 CAR § 91-205. Work conditions. (a) The following conditions apply to the utility owner's activities within the highway right-of-way. (b) By undertaking work within the highway right-of-way, the utility owner agrees to these conditions. (c) These conditions should be considered…

27 CAR § 91-206. Medians and frontage roads. (a)(1) No utility work shall be performed in the median of any highway without prior approval of the Arkansas Department of Transportation. (2) All work must be accomplished in accordance with any special conditions required by the Dis…

27 CAR § 91-301. Crossings. (a) General. (1) Crossings may be encased or uncased dependent upon the needs and conditions identified by the type of highway facility, utility type, utility owner, or the Arkansas Department of Transportation. (2) The department encourages, and will …

27 CAR § 91-302. Longitudinal installations. (a) Underground utilities installed parallel to the pavement should be installed at or adjacent to the right-of-way to minimize interference with highway operations. (b)(1) Underground utilities, such as power cable, telephone cable, w…

27 CAR § 91-303. Appurtenances. (a) Appurtenances shall be limited to those necessary for installation and maintenance of underground lines. (b) All above-ground appurtenances, including pedestals, manholes, vents, drains, rigid markers, valve pits, and regulator pits, shall be l…

27 CAR § 91-304. Bedding and backfill. (a) Bedding and backfill shall consist of fine granular material free of: (1) Lumps; (2) Clods; (3) Stones; or (4) Other debris. (b) Backfill shall be compacted by mechanical tamping with controlled moisture. (c) Bedding shall be placed to a…

27 CAR § 91-305. Types of underground utilities. (a) This section provides additional design and installation requirements for the specific types of underground utilities. (b) Gas and liquid petroleum pipelines. (1) Only distribution lines providing natural gas service are permit…

27 CAR § 91-306. Overhead installations. (a) Overhead utility line supports (poles) shall be located within one foot (1’) wherever possible and no more than five feet (5’) from the right-of-way line. (b)(1) Longitudinal utilities shall be located on uniform alignment as near as p…

27 CAR § 91-401. General. (a)(1) The attachment of utility lines to bridge or highway structures is discouraged, as they could materially affect: (A) Structural characteristics; (B) The safe operation of traffic; (C) The efficiency of maintenance; and (D) The appearance of the st…

27 CAR § 91-402. Request guidelines for bridge attachments. (a) When other arrangements for utility lines to span an obstruction are not feasible, the Arkansas Department of Transportation may consider an attachment to a bridge or highway structure. (b) Each attachment will be co…

27 CAR § 91-501. General. (a) With the exception of district permit described in 27 CAR § 91-503(a), the Utilities Section, in cooperation with the District Engineer, is responsible to make all arrangements for the accommodation of utility facilities within Arkansas Department of…

27 CAR § 91-502. Permit application and approval procedures. (a) Regardless of the permit type, utility owners are required to secure a permit prior to the commencement of work. (b) A written permit application, including plans, shall be submitted to the appropriate District Engi…

27 CAR § 91-503. Types of permits. (a) District utility permit. (1) The utility owner may undertake the following work under a district utility permit: (A) Buried highway crossings, excluding those under bridges, of noninterstate primary and secondary highways that do not involve…

27 CAR § 91-504. Standing bond. (a) The Arkansas Department of Transportation encourages utility owners to more effectively carry out the installation, relocation, maintenance, or removal of their utility facilities on department right-of-way or property, including vegetation con…

27 CAR § 91-505. Deposit or bond. (a) In the absence of a standing bond as described in 27 CAR § 91-504, an individual deposit or bond to guarantee restoration of the highway right-of-way or property is required prior to the issuance of a permit. (b) The District Engineer will de…

27 CAR § 91-506. Utility owner responsibility. (a) Regardless of the permit type, the utility owner shall do the following when performing any work on the highway right-of-way: (1) Notify the District Engineer four (4) Arkansas Department of Transportation business days prior to …

27 CAR § 91-507. Acceptance of permit. Work performed under a permit shall constitute full acceptance of all applicable requirements, laws, rules, regulations, and the specific terms and provisions as set forth in, or attached to, the permit.

27 CAR § 91-508. Transfer of ownership. If a change in ownership takes place, the new owners shall give written notice of such change to the Utilities Section within ninety (90) days.

27 CAR § 91-509. Safety. By undertaking work within the highway right-of-way, the utility owner agrees to the applicable requirements and conditions in 27 CAR § 91-204.

27 CAR § 91-510. Working conditions. By undertaking work within the highway right-of-way, the utility owner agrees to the applicable requirements and conditions in 27 CAR § 91-205.

27 CAR § 91-511. Emergency conditions. (a) In the event of conditions where immediate action by the utility owner is necessary for the protection of persons or property, or to minimize damage to or loss of the utility owner's facilities or highway property, a permit is not requir…

27 CAR § 91-512. Right to revoke. (a) The Director of State Highways and Transportation is authorized to revoke or annul a permit or agreement, subject to giving the utility owner reasonable notice. (b) Justifications for revocation include, but are not limited to the following: …

27 CAR § 91-601. Privately owned facilities. (a)(1) Privately owned facilities are lines that convey or transmit communications, electricity, gas, oil, water, or any other similar commodities, but are devoted exclusively to private use. (2) This includes: (A) Privately owned line…

27 CAR § 91-602. Utilities not specifically covered. (a) Various types of utilities not specifically covered herein will be considered within the provisions of this part in accordance with the nature of the utility. (b) It shall be a general practice to consider all lines carryin…

27 CAR § 91-603. Highway lighting. (a) Requests for permits to install or renovate highway lighting systems by electric utility owners or municipalities shall be treated as special cases. (b) Each request shall be submitted to the District Engineer for further review and recommen…

27 CAR § 91-604. Correction of hazardous installations. When it becomes evident that an existing utility facility has become a hazard to the safe operation of a highway facility, the Arkansas Department of Transportation will require the utility owner to correct the condition at …

27 CAR § 91-605. Abandonment of facilities. (a)(1) If a utility owner abandons any portion of its facilities located on highway right-of-way, it must notify the Arkansas Department of Transportation of that status in writing and indicate whether the facility will be removed or ab…

27 CAR § 91-701. Purpose. The purpose of this subpart is to prescribe the policies and procedures for reimbursement of eligible costs associated with the relocation of utility facilities on Arkansas Department of Transportation highway construction projects, and to authorize the …

27 CAR § 91-702. Authority. (a) The Federal-Aid Policy Guide, 23 C.F.R. § 645.101 et seq., as amended and supplemented, is adopted by reference herein with the same force and effect as if recited at length. (b) Determination of reimbursement eligibility is pursuant to applicable …

27 CAR § 91-703. Applicability. This subpart applies to all utility owners with facilities affected by a highway construction project.

27 CAR § 91-704. Reimbursement eligibility. (a)(1) A utility owner will be considered eligible for reimbursement if they have the right of occupancy in the existing location because of holding the fee, an easement, or other real property interest, the damaging or taking of which …

27 CAR § 91-705. Right-of-way. (a) A utility facility located on private right-of-way or easement (outside the existing highway right-of-way) is considered to be eligible for reimbursement of the cost of replacement right-of-way. (b) Copies of an easement or affidavit verifying t…

27 CAR § 91-706. Preliminary engineering. (a) Initial authorization on highway projects is for preliminary engineering by the utility owner's personnel (force account), the cost of which will be included in the subsequent relocation agreement. (b)(1) When the utility owner is not…

27 CAR § 91-801. Agreements and authorizations. (a) After notification by the Utilities Section of an impending highway project, the utility owner is obligated to make the necessary arrangements for planning and accomplishing the relocation work required by the highway constructi…

27 CAR § 91-802. Relocation. (a) After issuance of a work order by the Utilities Section, the utility owner is expected to begin the relocation work and exercise due diligence to complete the work within the time periods specified in the work order so as not to delay or interfere…

27 CAR § 91-803. Inspection. (a) The resident engineer is responsible for the administration and inspection of utility relocations. (b) Both reimbursable and nonreimbursable relocation work is subject to inspection by the resident engineer to ensure proper installation as approve…

27 CAR § 91-804. Relocation change orders. (a) When a change in the planned adjustments, including quantities or types of materials, proposed location of facilities, or additional work is identified, the utility owner shall inform the resident engineer of the reason for the reque…

27 CAR § 91-901. Employment. (a) As noted in 27 CAR § 91-706(b), a utility owner may be unable to perform preliminary or construction engineering work with their own forces. (b) A consultant engineer may be employed by the utility owner under the following conditions: (1) For any…