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. (1) Roadside Design Guide;
2. (2) A Policy on Geometric Design of Highways and Streets;
3. (3) A Policy on the Accommodation of Utilities Within Freeway Right-of-Way; and
4. (4) A Guide for Accommodation of Utilities within Highway Right of Way.
(b) Design of utility installations on, over, or under highway right-of-way or attached to highway structures shall also, as a minimum, conform with:
1. (1) 23 C.F.R. § 645.201 et seq., Accommodation of Utilities;
2. (2) 49 C.F.R. pt. 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards;
3. (3) 49 C.F.R. pt. 193, Liquefied Natural Gas Facilities: Federal Safety Standards;
4. (4) 49 C.F.R. pt. 195, Transportation of Hazardous Liquids by Pipeline;
5. (5) The current edition of Arkansas Department of Transportation Standard Specifications for Highway Construction;
6. (6) The current applicable National Electrical Safety Code for electric power and communications;
7. (7) The applicable specifications of the current American Water Works Association for waterlines;
8. (8) The applicable sections of the current Standard Code of Pressure Piping of the American National Standards Institute, and any other applicable industry codes for pressure pipelines;
9. (9) The current applicable practices of the American Petroleum Institute for pipeline crossings under railroads and highways for liquid petroleum pipelines;
10. (10) The current specifications established by the American Society for Testing and Materials;
11. (11) Rules and regulations of the United States Department of Transportation governing the transportation of such materials for any pipeline carrying hazardous materials; and
12. (12) Applicable federal, state, and local laws and regulations pertaining to environmental issues, including but not limited to:
  1. (A) Stormwater pollution prevention;
  2. (B) Endangered species; and
  3. (C) Wetland preservation.
(c) The utility owner shall ensure that the location of utility facilities and appurtenances complies with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq.
(d) The utility owner shall ensure that the work complies with the requirements of the National Pollutant Discharge Elimination System program.
(e) Acquiring all necessary permits, including the accommodation of utilities on highway right-of-way and environmental controls, shall be the responsibility of the utility owner.
(f)
1. (1) The design and integrity of any utility installation shall be the responsibility of the utility owner.
2. (2) This includes measures to preserve:
  1. (A) The safe and free flow of traffic;
  2. (B) The structural integrity of the roadway or highway structures;
  3. (C) Minimal interference with highway maintenance; and
  4. (D) The appearance of the highway.
3. (3) The location and manner of installation within the highway right-of-way must be reviewed and approved by the Arkansas Department of Transportation.
(g) Utility facilities shall be located in a manner that will minimize the need for later relocation to accommodate future highway improvements and allow access for servicing the facilities with a minimum of interference to highway traffic.
(h) Existing underground utility facilities, vulnerable to damage from highway construction or maintenance operations by reason of shallow bury or quality of the materials, may be allowed to remain in place under roadways in urban areas and low-volume highways if suitable bridging, concrete slabs, extra depth, or other appropriate measures are used for protection.
(i) The horizontal and vertical location of utility facilities within the highway right-of-way must, to the extent practicable, conform with the clear zone policy applicable to the type of highway and specific conditions of highway section involved.
(j) The integrity of the roadway cross section must be maintained, therefore, no excavation or longitudinal installations will be permitted within this area with the exception of crossings.
(k)
1. (1) On new installations or relocations of existing utility lines, provisions should be made for known or planned expansion of the utility facilities, particularly those located underground or attached to bridges.
2. (2) They should be planned so as to minimize hazards and interference with highway traffic when additional facilities are installed in the future.
(l) Above-ground utility facilities should be of a design compatible with the visual quality of the specific highway section being traversed.
(m) All utility installations within highway right-of-way or attached to highway structures should be of durable materials designed for long service life expectancy and relatively free from routine servicing and maintenance.