Washington State law, RCW 47.44 and WAC 468-34, grants the Washington State Department of Transportation the authority to issue permits and franchises for the occupancy of highway rights of way to the persons, associations, private or municipal corporations, the US Government, or any agency for the purpose of constructing and maintenance of lines for water, gas, electricity, telephone, telecommunications, etc. Washington State Department of Transportation uses Utility Permits for the installations of crossings or longitudinal runs no greater than 300 feet.
Permits and Franchises can be canceled at any time, and are not exclusive. Other individuals may be permitted to install within a close proximity to yours or others facilities. Other typical provisions of the accommodation are shown in further sections of the Guidance package.
Before You Get Started
One of the first steps will be to determine the highway milepost of the proposed installation. The location can be determined by reference to the nearest highway milepost sign. The utility office can assist you in determining the milepost for your location if you cannot find a milepost sign near by. The application State Route Viewer may also be helpful in determining your proposed location. A link to this site is included below.
Next you will need to determine whether or not Washington State Department of Transportation is the permitting authority for your proposal. Please review Route Information (xls 116 kb) and the column labeled "Permit/Franch. Auth." for your location. Washington State Department of Transportation can only grant permits in those sections noted with a "Yes".
The sections noted "No" or "Info Only" are areas where you will need to obtain approval from other entities. Washington State Department of Transportation may review the proposal for concurrence, but we are not legally able to grant permission to occupy the right of way.
Required parts of a Utility Permit Application
Your application for Utility Permit must include the following:
- A complete "Application for Permit or Franchise".
- A complete "Utility Facility Description".
- Plans, diagrams, details, etc., to scale, showing your proposed work.
- A cover letter or narrative describing any additional construction information not addressed in by the plans and details.
- An approved individual or blanket bond as required by the Region Utility Office.
Written justification for proposed installation in the following areas:
- Within or across limited access highways. See the Route Information table (xls 116 kb) for sections of highways designated, "limited access".
- Aerial installations across Scenic Class "A" or "B" highways. See the Route Information table (xls 116 kb) for Scenic Class designations.
- Open cuts or trenches in the traveled lanes or shoulders of the highway.
- Installations along the median of a highway.
- A checklist has been included to assist you in completing all the necessary parts of the of the application package. Specific instructions follow for the preparation of all of the required parts of a permit application package.
- Please take note of the construction requirements for underground utility encroachments. These are shown on page "D-5". If special circumstances prevent you from meeting the construction requirements shown on "D-5", please include the reasons for this in your cover letter or narrative.
- Proposed aerial installations must meet the minimum vertical requirements established by law noted in WAC 468-34-290. The above ground objects must also meet the safety requirements established in the "Control Zone Criteria". Consult the Utilities office if your proposal will include any above ground objects being placed within the highway rights of way.
Bond Requirements
Bond requirements are contained in WAC Chapter 468-34-020.
Before construction can commence, a surety or performance bond in an amount established by Washington State Department of Transportation must be in place. The minimum amount established by law is $1,000. In many cases, we ask for a bond amount greater than that. For many cases a bond of $10,000 is required.
The applicant may hold a blanket surety bond for multiple permits or franchises. Blanket bonds shall be in an amount of not less that $10,000.
Other Responsibilities
As the applicant, you should be aware that you are responsible to ensure that your proposal will not violate any other laws or regulations of the state. The most common issues that may come up deal with working in the proximity of wetlands and sensitive cultural areas as well as potential disturbances of existing survey monumentation.
In some cases, Washington State Department of Transportation may be able to provide guidance with respect to these issues. Ultimately, the responsibility for compliance will be that of the applicant.
Questions or Concerns?