(a) District utility permit.

1. (1) The utility owner may undertake the following work under a district utility permit:

   1. (A) Buried highway crossings, excluding those under bridges, of noninterstate primary and secondary highways that do not involve a pavement cut;
   2. (B) Aerial crossings of noninterstate highways;
   3. (C) Buried or aerial longitudinal installations up to one-quarter (1/4) mile on noninterstate highways;
   4. (D)

(i) Spot repairs of utility facilities, including emergency repairs.

1. (ii) Emergency situations may include pavement cuts;

   1. (E) Minor work, including pole replacements, pedestal installations, meter taps not requiring pavement cuts, routine maintenance, etc.; and
   2. (F) Temporary crossings as described in 27 CAR § 91-602.

2. (2) Under the district utility permit, the District Engineer is responsible to:

   1. (A) Review plans to ensure proposed utility facilities will not interfere with existing or planned highway facilities or with highway maintenance and operation;
   2. (B) In the absence of a standing bond as described in 27 CAR § 91-504, determine the amount of the deposit or bond required;
   3. (C) Approve the permit;
   4. (D) Provide inspections as needed to ensure that utility installations are done in accordance with the approved permit; and
   5. (E) Make final inspection of the work area restoration and release the permit.
3. (3) A district utility permit is valid for a period of four (4) months from the date of issue.

(b) Department utility permits.

1. (1) Any utility work not addressed in subsection (a) of this section will be considered under a department utility permit.

2. (2) Under the department utility permit, the District Engineer is responsible to:

   1. (A) Review plans to ensure proposed utility facilities will not interfere with existing or planned highway facilities or with highway maintenance and operation;
   2. (B) In the absence of a standing bond as described in 27 CAR § 91-504, determine the amount of the deposit or bond required;
   3. (C) Submit the permit to the Utilities Section for review and approval;
   4. (D) Provide inspections as needed to ensure that utility installations are done in accordance with the approved permit; and
   5. (E) Make final inspection of the work area restoration and recommend release of the permit and deposit or bond, when applicable.

3. (3) A department utility permit is valid for a period of twelve (12) months from the date of issue.

   1. (c) Vegetation control permits.
4. (1) The Utilities Section, in cooperation with the district, the Maintenance Division, and the Environmental Division are responsible to make all arrangements for the mechanical and chemical vegetation removal on department highway right-of-way.

5. (2) Utility owners may obtain permits to remove vegetation by mechanical or chemical methods subject to the following conditions:

   1. (A)

      1. (i) Vegetation control is necessary for the safe and continuous operation of utility facilities within the highway right-of-way.
      2. (ii) Vegetation control may be applicable to either underground or overhead utility installations, including appurtenances;

   2. (B)

      1. (i) Vegetation control will not be allowed solely to provide visibility to utility facilities.
      2. (ii) The limits of trimming or removal shall be held to the minimum necessary:

(b) (b) To provide for the continued operations of the facility; and

1. (c) (c) To meet governing laws and regulations;

   1. (C) The utility owner shall perform vegetation control on a periodic basis to preserve the aesthetics of the area and prevent excessive overgrowth; and

   2. (D)

      1. (i) The utility owner shall obtain a permit each time vegetation control is to be undertaken.
      2. (ii) A vegetation control permit is valid for a period of four (4) months from the date of issue.

2. (3) In addition to all other requirements and conditions of this part, the following shall also apply to vegetation control permits:

   1. (A) Mechanical vegetation control.

      1. (i) The utility owner shall trim trees in accordance with normal horticultural standards.
      2. (ii) The utility owner shall not remove healthy trees having trunks six inches (6”) or more in diameter measured twelve inches (12”) above the ground without specific approval of the District Engineer.
      3. (iii) The utility owner shall remove cut vegetation and debris from the highway right-of-way and shall be responsible for the proper disposal of all cut vegetation and debris.
      4. (iv) The utility owner shall not burn or bury the cut vegetation and debris within the highway right-of-way.
      5. (v) The utility owner shall cut stumps flush with the ground or grind the stumps to remove them.
      6. (vi) The utility owner shall revegetate areas of bare ground resulting from their operations.
      7. (vii)

(b) (b) The utility owner shall indicate on the plans whether or not an SWPPP was prepared.

1. (c) (c) If an SWPPP was prepared, the owner shall indicate if the project is permitted as an automatic coverage site or is a large construction site.

   1. (d) (d) If a notice of termination is furnished to the Division of Environmental Quality when the work is completed, the utility owner shall provide a copy to the District Engineer.

      1. (viii) The utility owner shall assume full responsibility for safeguarding all utilities in the work area during the time of construction and shall notify One Call Center and have utility facilities located prior to beginning work that would disturb soil; and

   2. (B) Chemical vegetation control.

      1. (i) The utility owner shall ensure that all requirements of the State Plant Board are met in the use and application of chemicals.
      2. (ii) The utility owner shall ensure that all personnel are licensed or certified by the board for the type of herbicide application being utilized.
      3. (iii)

(b) (b) Broadcast spraying is not allowed.

1. (iv)

(b) (b) If dead plants taller than six inches (6”) result from the chemical application, the utility owner shall immediately trim the plants.

1. (v)

(b) (b) If overspray results in dead limbs or plants, the utility owner shall use mechanical methods to cut or trim the plants.

1. (vi) The utility owner shall utilize only those chemicals, rates of applications, and methods of application approved by the department.

   1. (vii)

(b) (b) The utility owner shall indicate on the plans whether or not an SWPPP was prepared.

1. (c) (c) If an SWPPP was prepared, the owner shall indicate if the project is permitted as an automatic coverage site or is a large construction site.

   1. (d) (d) If a notice of termination is furnished to the Division of Environmental Quality when the work is completed, the utility owner shall provide a copy to the District Engineer.

      1. (viii) The utility owner shall not use chemicals within one hundred yards (100 yds.) of any stream, pond, lake, or garden or within twenty-five yards (25 yds.) of any human habitation or livestock feed lot.
      2. (ix) The utility owner shall not utilize chemicals in areas where the department has established or is establishing vegetative cover for aesthetic or erosion control purposes.