Wyo. Code R. 045-0007-6
Effective Date: 03/26/1990 to Current
Rule Type: Current Rules & Regulations
Reference Number: 045.0007.6.03261990
(a) There are certain areas within the highway right-of-way that should be kept clear of utility facilities due to the hazard created to vehicular, bicycle and pedestrian traffic and/or the restraints the utility facility imposes on the Department's routine maintenance work as well as roadway safety and widening projects.
(b) Utilities contemplating crossing or encroaching on highway R/W should incorporate the provisions of this regulation into their design in order to avoid redesign and delay in the approval of their license application.
(c) Applicants for a license to place facilities on or across the highway R/W are advised to establish the actual limits of the highway R/W instead of assuming that a fence represents the property line.
(d) If the facility being placed on the R/W causes any sort of damage to the right-of-way, paved areas, or highway appurtenances, during or after construction, the repair of such damage shall be paid for by the owner of the facility.
(i) Also referred to as the 'Clear Zone'. This area, adjacent to the traveled lanes and including the paved shoulder or emergency parking lane, provides for an obstruction free recovery area for a driver to regain steering control should the vehicle leave the traveled lane.
(ii) Highway appurtenances installed within this clear zone, except for barrier rail, are of the yielding or breakaway design.
(iii) Obstructions located within the clear zone that can not be relocated must be protected with barrier rail if the rail provides the least hazard, and steep embankment slopes should be flattened.
(iv) The actual clear zone width for a given segment of road is a function of the road's speed, horizontal curvature, and embankment slopes. It is not a standard fixed distance from the edge of the traveled lane as the often used term '30 ft. clear zone' would imply. However, the Department generally uses the area between the edge of the traveled lane and 40 feet parallel thereto for the installation of guardrail, delineators and traffic signs.
(v) In any case, and on all types of roads, utility facilities should be located as close as possible to the outer limits of the highway right-of-way. Facilities that have to be located within the limits of the clear recovery area will be of a breakaway design.
(vi) Actual clear zone required at a specific location and road shall be in accordance with the AASHTO Roadside Design Guide.
(b) High Speed Roads - Rural Areas. The Department generally uses the minimum distance of 30 feet from the edge of the traveled way as the transitioning point from a slope of no steeper than 6 to 1 to the steeper slopes required to reach natural ground and/or the drainage ditch.
Guardrail end anchorages, delineators, regulatory signs, and light standards are normally installed within the first 30 feet parallel to the traveled lane with large signs as far as 40 feet away.
The paved roadway, shoulder and the area up to 40 feet measured from the traveled lane shall be kept clear of above ground utility facilities due to the hazard they present, and clear of parallel buried facilities due to the restrictions they place on the Department for maintenance of slopes and shoulders, as well as construction, maintenance and repair of guardrail, delineators, signs, etc., unless the appropriate provisions of the AASHTO Highway Design publications require a more restrictive obstruction free area.
(c) Low Speed Rural Collectors and Rural Local Roads. On this type of road the minimum obstruction free area is 10 feet from the edge of traveled lane and/or 10 feet behind existing or proposed sidewalk and/or bicycle path.
(d) Urban Arterials, Collectors and Locals Streets.
(i) With Curb only - On this type of road the minimum obstruction free area should be 1.50 feet behind the curb.
(ii) With Curb and Sidewalk - The obstruction free area shall extend to behind the existing or proposed sidewalk.
(a) The roadway embankment slope (from the clear recovery area break point down to the bottom of the ditch or intercept with natural ground) should be kept clear of parallel encroaching utility lines and supporting facilities of crossing utility lines like guys and anchors, vent pipes, manholes, markers, etc.
(b) The backslope (from the ditch section up to a point of intersection with natural ground) should be kept clear of paralleling utility facilities and supporting structures of crossing utility lines, like guys and anchors, vent pipes, manholes, markers, etc. if the slope is 2:1 or steeper.
(a) Utility facilities shall not be placed in or attached to any type of drainage pipe, concrete box or stockpass.
(b) Temporary (short term) use of pipes, boxes, or stockpasses for any noncorrosive or non-combustible utility line may be authorized by the Department's engineer on a case by case basis.
(c) Parallel installation of utility facilities in roadway ditches is not allowed.
(d) For buried crossings of drainage ditches, the utility trench will be backfilled and compacted in lifts, and the flowline restored, as directed by the Department's engineer.
Section 5. Attachment to Existing Bridges or Structures.
(a) General.
(i) Attachment of utility facilities to the bridge deck surface, to the top of curbs and sidewalks, or to traffic or pedestrian railings will not be allowed. Open wire electrical or telephone line attachments are not allowed.
(ii) Welding of utility attachments to main steel girders or direct attachment to main load carrying girders will not be allowed.
(iii) Requests for attachment of utility lines to bridges shall be forwarded by the District Maintenance Engineer to the State Bridge Engineer for review and recommendation regarding the method of attachment.
(iv) Prior to requesting attachment to bridges over railroad tracks from the Department, the applicant shall furnish written approval of a permit from the railroad company.
(b) Volatile and Corrosive Material. The attachment to a bridge or other structure of utility lines carrying flammable, corrosive, and/or explosive material may be permitted if the following criteria are met:
(i) Maximum line size shall be four inches of inside diameter.
(ii) The maximum line pressure shall be 60 psig, which shall be verified in the presence of Department personnel.
(iii) Each line shall be properly encased and vented.
(iv) Each line shall have a shutoff valve, that activates automatically when a sudden pressure drop occurs, located within 300 feet of each end of the structure.
Section 6. Attachment to Proposed Bridges or Structures.
(a) General.
The provisions of Paragraph (i) & (ii), Section 5 (a) apply.
(b) New Construction, Utility has Prior Right.
When the construction of a new bridge or structure forces the relocation of a utility facility and this relocation is reimbursable, the facility may be attached to the new structure provided the provisions of Chapter IV and Chapter VI, Section 5 can be met.
The Bridge Department will contact the utility during preliminary engineering and enter into an “Authority for Rendering Special Services” (ARS) with the utility. The cost of design, materials, and installation will be billed to the utility as those phases are completed.
Reimbursements due the utility for the bridge attachment shall be prorated by the utility based on the cost of the attachment versus the cost of not attaching to the bridge, and shown in the final billing to the Department for all of the reimbursable work on the project.
(c) New Construction, Utility by License.
When the construction of a new bridge or structure conflicts with an existing utility line that is located on public R/W or otherwise has no reimbursable right; or
If a utility company wishes to attach facilities to a bridge or structure for other reasons, provided the criteria of Section 5 can be met, the Bridge Department will design the appropriate hanger system for the facility and include the installation in the Departments construction contract.
The cost of design, materials, and installation will be billed to the utility company. The request for work and costs shall be covered by an “Authority for Rendering Special Services” (ARS).
(a) Adjacent to Crossroad.
Buried utility facilities may be allowed to cross adjacent to a crossroad provided there is adequate horizontal clearance between the edge of the existing pavement and the closest bridge piers or slope paving.
Additional depth of bury may be required to allow for the reconstruction of the crossroad and installation of concrete barrier.
If the area underneath a bridge is congested, the utility facility should be bored underneath the adjacent embankment behind the bridge abutments. (See Detail Drawing).
(a) Above ground support facilities like repeater huts, gas pressure regulator buildings, ground mounted electrical transformers, junction or splice boxes, cathodic protection ground beds and their rectifiers, above ground pipeline shutoff valves and cleanout traps, pressure relief valves, etc., shall not be constructed within the highway right-of-way unless extenuating circumstances exist and the proposed location has expressly been approved by the Department’s engineer and the location meets all provisions of this regulation.
(b) Top of manholes, vaults, or other below ground facilities shall be flush with the existing ground and their locations and design must be specifically approved by the Department’s engineer.
(c) Access driveways to facilities located outside of but adjacent to the highway R/W may be granted by separate application to the District Traffic Engineer.
(d) Guy wires and anchors for aerial facilities located outside of the highway R/W shall not be permitted on the highway R/W unless extenuating circumstances exist and the location of the guys and anchors meets other criteria of this regulation.
(e) Temporary pole structures for use during stringing of aerial lines shall be placed no closer to the road's traveled way than allowed by the clear zone provisions.
(f) In any case, permitted appurtenances and support facilities shall be located as close as possible (preferably within 15 feet) of the R/W line.
(a) Utility facilities located outside of the highway R/W that have crossarms and conductor wires or cables which overhang onto the highway R/W shall be covered by a license (Form E-54).
(b) The vertical clearance above ground shall be of sufficient height to allow for the safe operation of maintenance equipment on the highway R/W, and allow for the safe construction and operation of driveways and approaches in those areas where they exist or a need for them can be anticipated in the foreseeable future.
(c) Crossarm and/or conductor encroachment into the highway R/W shall not exceed eight (8) feet.
(a) Urban Areas - Depending on the type of facility crossing being proposed and the physical constraints at the site, the Department's engineer may authorize open trenching or require a bored crossing of the roadway template and paved surface.
When an open trench is authorized the backfilling and compaction of the trench as well as the replacement of the paved surfaces will be as specified by the Department.
(b) Rural Areas - Utility facility crossings in rural areas, whether across the main roadway or connecting paved sideroads and approaches, shall be bored.
The acceptable methods are boring/drilling, pushing or jacking, and tunneling. The use of a high pressure stream of liquid (jetting) to create a cavity for subsequent placement of a utility line is not permitted.
(c) The diameter of any bore shall not exceed the outside diameter of the pipe being placed by more than five (5) percent.
(d) The applicant's engineer is advised to make arrangements with the Department's engineer regarding a site investigation to determine if boring is feasible in the proposed locations.
(a) The Department does not require casing of pipelines crossing the highway R/W as long as heavy wall thickness carrier pipe is used and the pipeline is cathodically protected. (Also see Section on Pipelines).
(b) For crossings of small diameter power, communications, or similar lines that can not be pushed or bored underneath the roadway embankment, a metallic or nonmetallic casing pipe of a wall thickness that can withstand highway loading may be used.
(c) Casing pipe or heavy wall thickness pipe shall extend at a minimum to the face of the bore/receiving pit to allow for future dirt widening of the road embankment and shall be of a wall thickness meeting the criteria for highway loading.
(d) For casing of water, sanitary sewer, and storm water pipelines see the stipulations in Chapters VI and VII of this regulation.
(a) The face of these pits shall be no closer than 15 feet to the bottom of the roadway embankment or ditch flow line and/or no closer than 30 feet to the edge of the traveled way in order to provide for a continuous clear zone and to leave the embankment undisturbed.
(b) On divided roadways where the median is less than 120 feet, no pits will be allowed in the median section of the road.
(a) All pipe, conduit, wire, poles, crossarms, or other construction material distributed along the highway right-of-way prior to installation of the facility shall be placed as far away from the traveled lanes as possible and shall not be stored within the highway R/W for longer than two weeks prior to construction unless specifically approved by the Department's engineer.
(b) Equipment used for the construction of the facility, vehicles used during the construction and/or delivering materials and vehicles of the workers and/or inspectors at the work site shall not in any way obstruct the traveled lanes of the road unless a traffic control and traffic safety plan has been approved by the Department's engineer and is in use.
(c) Existing approaches and driveways shall be used as much as possible to access the work site in order to minimize the hazard to the road user and minimize the damage to the roadway, shoulders, embankment slopes, drainage structures, ditches and other existing utility facilities.
(a) Several Federal Regulations address the disturbing of wetlands and the mitigation of impacts caused by construction. It is possible that proposed utility construction within existing highway R/W could impact on existing or proposed wetland areas within the highway R/W.
(b) Construction through such wetland areas shall be avoided by the utility companies by planning alternate routing of their facilities.
(c) Relocation and/or adjustment of utility facilities in connection with proposed Highway Department construction of replacement wetland areas will be handled separately and in conjunction with the construction project and as outlined in FHPM 7-7-7 “Mitigation of Environmental Impacts to Privately Owned Wetlands” or other rules/regulations addressing this topic.
Section 15. Seismographic Activities.
(a) Drilling, blasting, or any type of longitudinal seismographic investigation will not be allowed within the highway rights-of-way under Department jurisdiction.
(b) The laying of temporary cable across interstate, primary, and secondary roads may be permitted upon receipt of a formal request by the respective District Maintenance Engineer.
(c) The District may issue Form M-23 “Seismograph Cable Crossing License” which outlines specific stipulations to be followed. (Also see Operating Policy 19-3).
Section 16. Utility Line Construction by Private Individuals or Developers.
(a) Construction by private individuals and their contractors shall in all respects meet the construction and safety requirements applicable to public utility companies.
(b) Service connections from public and/or municipal systems to a customer shall be constructed by the provider of the commodity or their contractor, and the license shall be issued to the provider of the service, not the customer.
(c) Developers who are constructing utility lines that will ultimately become part of a municipal system shall have the municipality’s approval for the design and the license shall be issued to the municipality, not the developer.
(d) Even though some utility services have been deregulated to the point where a customer could start his privately owned service connection at the suppliers main trunk line, such privately owned encroachments and/or crossings are not permitted. The license shall be issued to the supplier and construction across the highway R/W shall be by the supplier of the service or their contractor.
Section 17. Service Connections to Adjacent Developments. If at all possible, individual service line crossings to an industrial or residential development should be avoided.
The utility or municipality shall construct a limited number of major feeder lines across the highway right-of-way and begin distribution and service lines outside of the highway R/W within designated utility corridors, on private property or adjacent city streets.
(a) General. If a utility's construction in any way obstructs or interrupts the flow of traffic on the road or restricts the use of the roadway the utility shall furnish the District with a Traffic Control Plan.
The provisions of the 'Manual on Uniform Traffic Control Devices' and/or the Department's manual on 'Traffic Control for Roadway Work Operations' shall apply.
(b) Detours Within Municipalities for Crossings and Parallel Construction. If the use of the roadway becomes too restricted or hazardous during utility construction, the utility shall coordinate detour routes with the municipality.
(c) Detours Outside of Municipalities for Crossings Only. If the use of the roadway becomes too restricted or hazardous during utility construction of a crossing it may become necessary to provide a traffic detour within the highway R/W.
The design, construction, traffic control, and removal of a detour shall conform to current Department design and construction practices and shall be as directed by a Department engineer.
Section 19. Restoration of Highway Right-of-Way. Any time a utility or municipality enters upon highway R/W to construct, repair or replace all or any portion of a facility, those portions of the highway R/W that have been disturbed or damaged in any way shall be restored as directed by the Department's engineer.
If frequent maintenance and/or inspection trips by a utility's vehicles cause destruction of vegetation, rutting in the roadway slopes and drainage ditches, or a breakdown of roadway shoulders and pavement taper sections, the Department will direct the utility to make the necessary repairs in compliance with Department specifications.
(a) Interstate Highways or Other Fully Access Controlled Roads. Access for construction and maintenance of facilities shall be in compliance with Chapter IV, Section 5.
(b) All Other Roads. Access for construction and maintenance shall be from existing approaches and driveways or as designated by the Department's engineer. (Also see Section 13 of this regulation).
(c) Utility facilities, advertising signs, and other private facilities located outside of the highway right-of-way in rural areas shall not be maintained, inspected, repaired, or serviced from within the highway R/W.
Damage to the highway R/W due to such activity shall be repaired at the expense of the utility and such trespass may be prosecuted.
Section 21. Railroad Crossings. Requests for the crossing of highway rights-of-way with a railroad mainline or spur tracks, whether requested by a railroad company or an industrial user, and whether for an at-grade crossing or separation structure, shall not be granted by issuance of WHD License Form E-54. All pertinent information shall be submitted to the Utilities Section for preparation of a specific agreement.
Upon execution of the agreement between the Highway Commission and the applicant requesting such a rail crossing, the applicant shall file a copy of the agreement with the Public Service Commission of Wyoming in compliance with their most current rules.
Utility facilities located on highway right-of-way shall be constructed and maintained in compliance with applicable Federal and State laws, rules, regulations, as well as industry standards and codes, and in accordance with accepted good engineering practices.
Section 23. Existing Utility Facilities. Any utility contemplating construction of a facility within highway R/W shall make every effort to field locate all existing utility lines and facilities in the area of their proposed construction and to safeguard such facilities from damage during construction. (See Wyoming Statutes 37-12-301 thru 304).
Existing utility facilities are to be considered as having a prior right over the facility being proposed and their relocation or adjustment shall not be made at the expense of the Department or utility presently occupying the highway right-of-way.
Section 24. Closing of Roads to Traffic. No roads under the jurisdiction of the Department may be closed to traffic for utility construction unless specifically authorized by the Department’s engineer.
Section 25. Construction Supervision by Utility. The utility shall at all times have an individual at the work site that is aware of the Departments stipulations and approved alignment and has the authority to enforce compliance by the utility’s construction forces and/or contractor.
Section 26. “Call Before You Dig”. Reference Wyoming Statutes 37-12-301 thru 304. These laws set the requirements to be followed by any “person” contemplating “excavation” and what is required to protect “underground facilities.” The law defines the key phrases thusly:
(a) “Excavation” means any operation in which earth, rock or other material on or below the ground is moved or otherwise displaced by means of power tools, power equipment or explosives, and includes grading, trenching, digging, ditching, drilling, augering, tunneling, scraping and cable or pipe blowing and driving, except tilling of soil and gardening or agricultural purposes.
“Person” means an individual, partnership, municipality, state, county, political subdivision, utility, joint venture or corporation, and includes the employer of an individual.
(c) 'Underground facility” means any item of personal property buried or placed below ground for use in connection with the storage or conveyance of water, sewage, electronic, telephonic or telegraphic communications, electric energy, oil, gas or other substances and including, but not limited to, pipes, sewers, conduits, cables, valves, lines, wires, manholes, attachments and those parts of poles below ground.
(a) If a local telephone company wishes to install public telephones, walk-up or drive-up types, within the highway right-of-way, rest areas, or other Department land, such installations must be specifically approved by the Department’s engineer and a License, Form E-54, shall be issued for each location.
(b) General Guidelines for approval are:
(i) The flow of vehicular or pedestrian traffic is not restricted in any way.
(ii) The vehicle movement leaving and reentering the flow of traffic can be performed safely and with the least amount of disruption to the flow of traffic and pedestrians.
(iii) The facility and any turnout does not hinder the operations of the road nor significantly interfere with the maintenance of the road and the right-of-way.
(a) All work performed by utilities on the highway right-of-way, whether with their own forces or by a contractor working under the utility’s direct supervision, shall be in compliance with the most current Federal and State laws, rules, and regulations, as well as industry standards and the provisions of this regulation.
(b) All work performed by utilities on the highway right-of-way shall be performed by qualified personnel of the utility’s own forces or by qualified contractors who are under the direct supervision of qualified personnel of the utility or the utility’s engineer.
Section 29. High Voltage Line Safety. The licensee is advised to comply with the provisions of W.S. 37-3-301 through W.S. 37-3-306, titled Wyoming High Voltage Power Lines and Safety Restrictions Act.