27 CAR § 94-401 – General

(a) Noncommercial driveways are defined as driveways adjoining a state highway to provide entrance to and/or exit from private property for the exclusive use and benefit of the owner or lessee, and driveways for farms or ranches, churches, schools, noncommercial cemeteries, and other noncommercial public access.
(b)
1. (1) A permit shall be obtained from the Arkansas Department of Transportation for all noncommercial access driveways on state highways.
2. (2) Within incorporated cities, it will be necessary for the applicant to satisfy the requirements of the city and to obtain a permit from the department.
3. (3) The city’s requirements must meet or exceed the requirements of this part.
4. (4) No work shall be undertaken on state highway right-of-way until the permit has been issued by the engineer.
(c) The permittee shall fully protect the traffic on the highway during construction covered hereunder by proper traffic control devices in accordance with the Manual on Uniform Traffic Control Devices and hold harmless the State Highway Commission, the department, and its duly appointed agents, officers, and employees from all damages, expenses, claims, or liability arising out of any alleged damages of any nature to any person or property due to the construction, performance, or nonperformance of work or existence of a driveway.
(d)
1. (1) The permittee shall not erect any sign, flag, or other identifying marker for the purpose of attracting attention to the site, either fixed or moveable, on or extending over any portion of the highway right-of-way.
2. (2) Anyone erecting such sign, flag, or identifying marker is in violation of Arkansas Code § 27-67-304.
(e)
1. (1) The permittee shall maintain all existing highway, street, and county road regulatory, warning, guide, and informational signs in an effective location at all times for the duration of the work and shall install them at the correct location upon completion of the work.
2. (2) Any signs damaged by the permittee shall be replaced at no cost to the department.
(f)
1. (1) Applications for permits shall be made by the owner or duly authorized representative of the owner, i.e., contractor, consulting engineer, or lessee, who shall have the authority to represent all parties' interests.
2. (2) Such permits shall be only for the bona fide purpose of constructing or modifying access to the property and not for the purpose of parking, servicing, or loading and unloading vehicles on the state highway right-of-way.
(g)
1. (1) Permits for noncommercial driveways will not require a bond.
2. (2) When requests are made for more than one (1) noncommercial driveway, a bond may be required.
(h)
1. (1) Noncommercial driveway permits will have an expiration date of one (1) year from date of issue.
2. (2) If no work has begun at the expiration date, the permit may be revoked and any bond returned.
(i)
1. (1) At the expiration date, if the work has not been completed in accordance with the permit, the permittee will be notified by certified mail with an explanation of noncompliance.
2. (2) If the driveway does not comply in thirty (30) days, the permit will be revoked.
(j)
1. (1) The permittee may elect to apply for a new permit.
2. (2) If a new permit is issued, the original permit will be revoked and a new permit issued.
(k) The engineer may grant written extensions up to six (6) months to those in noncompliance for a reasonable period as he or she deems necessary, based on the showing of good cause by the permittee, but for no longer than six (6) months.