Difference between revisions of "RAPID/Roadmap/3-CA-c"

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|Technology=Bulk Transmission, Geothermal, Solar
 
|Technology=Bulk Transmission, Geothermal, Solar
 
|PermitOverview=The [[California Department of Transportation]] (Caltrans) requires an encroachment permit for all activities related to the placement of encroachments within, under or over California highway rights of way.  [[Cal. Sts. & High. Code § 670(a) | Cal. Sts. & High. Code § 670(a)(2)]]
 
|PermitOverview=The [[California Department of Transportation]] (Caltrans) requires an encroachment permit for all activities related to the placement of encroachments within, under or over California highway rights of way.  [[Cal. Sts. & High. Code § 670(a) | Cal. Sts. & High. Code § 670(a)(2)]]
 
 
Under California Streets and Highways Code 660(b) an encroachment is any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure, object of any kind or character not particularly mentioned in this definition, or special event, which is in, under, or over any portion of the California highway right of way.  [[Cal. Sts. & High. Code § 660(b)]]  Caltrans is responsible for issuing permits for the placement of structures or fixtures necessary to electric power lines in the state’s right of way.  [[Cal. Sts. & High. Code § 117]]
 
Under California Streets and Highways Code 660(b) an encroachment is any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure, object of any kind or character not particularly mentioned in this definition, or special event, which is in, under, or over any portion of the California highway right of way.  [[Cal. Sts. & High. Code § 660(b)]]  Caltrans is responsible for issuing permits for the placement of structures or fixtures necessary to electric power lines in the state’s right of way.  [[Cal. Sts. & High. Code § 117]]
 
 
Caltrans issues encroachment permits to:
 
Caltrans issues encroachment permits to:
 
* Protect, maintain, and enhance the quality of the State highway system during and after permitted work;
 
* Protect, maintain, and enhance the quality of the State highway system during and after permitted work;
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* Protect the State's and public’s investment in the highway facility; and
 
* Protect the State's and public’s investment in the highway facility; and
 
* Ensure that temporary uses of State highway rights of way are conducted safely and with minimum inconvenience to the public.
 
* Ensure that temporary uses of State highway rights of way are conducted safely and with minimum inconvenience to the public.
 
 
Any individual, contractor, corporation, utility, Native American Tribe, or any other entity needs an encroachment permit to conduct the above activities within the State highway right of way. Cities and counties may issue routine State highway encroachment permits on specified state highway facilities located within their boundaries if authorized by Caltrans.  [[Cal. Sts. & High. Code § 676]]
 
Any individual, contractor, corporation, utility, Native American Tribe, or any other entity needs an encroachment permit to conduct the above activities within the State highway right of way. Cities and counties may issue routine State highway encroachment permits on specified state highway facilities located within their boundaries if authorized by Caltrans.  [[Cal. Sts. & High. Code § 676]]
 
 
Additionally, a developer should consult with the local county(ies) where the project is located for consideration of right of way encroachment permits on county roads.
 
Additionally, a developer should consult with the local county(ies) where the project is located for consideration of right of way encroachment permits on county roads.
 +
For more information regarding encroachment permits in California, see the [[CDOT Application and Forms | Encroachment Permits Manual]].
  
For more information regarding encroachment permits in California, see the [[CDOT Application and Forms | Encroachment Permits Manual]].
 
 
|Description===3-CA-c.1 to 3-CA-c.3 - Will the Project Encroach on any California Streets or Highways?==
 
|Description===3-CA-c.1 to 3-CA-c.3 - Will the Project Encroach on any California Streets or Highways?==
  

Revision as of 10:55, 10 November 2014

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California Encroachment Permit (3-CA-c)

The California Department of Transportation (Caltrans) requires an encroachment permit for all activities related to the placement of encroachments within, under or over California highway rights of way. Cal. Sts. & High. Code § 670(a)(2)

Under California Streets and Highways Code 660(b) an encroachment is any tower, pole, pole line, pipe, pipeline, fence, billboard, stand or building, or any structure, object of any kind or character not particularly mentioned in this definition, or special event, which is in, under, or over any portion of the California highway right of way. Cal. Sts. & High. Code § 660(b) Caltrans is responsible for issuing permits for the placement of structures or fixtures necessary to electric power lines in the state’s right of way. Cal. Sts. & High. Code § 117 Caltrans issues encroachment permits to:

  • Protect, maintain, and enhance the quality of the State highway system during and after permitted work;
  • Ensure the safety of both the highway users and the permittees;
  • Ensure that the proposed encroachment is compatible with the primary uses of the State highway system;
  • Protect the State's and public’s investment in the highway facility; and
  • Ensure that temporary uses of State highway rights of way are conducted safely and with minimum inconvenience to the public.

Any individual, contractor, corporation, utility, Native American Tribe, or any other entity needs an encroachment permit to conduct the above activities within the State highway right of way. Cities and counties may issue routine State highway encroachment permits on specified state highway facilities located within their boundaries if authorized by Caltrans. Cal. Sts. & High. Code § 676 Additionally, a developer should consult with the local county(ies) where the project is located for consideration of right of way encroachment permits on county roads.

For more information regarding encroachment permits in California, see the Encroachment Permits Manual.



Encroachment Permit Process


3-CA-c.1 to 3-CA-c.3 - Will the Project Encroach on any California Streets or Highways?

If developing a project encroaches on any California streets or highways, the developer must apply for an Encroachment Permit from the Caltrans. The Standard Encroachment Permit Application TR-0100 should include supporting documentation such as plans, location map, and environmental documentation. Cal. Sts. & High. Code § 670(a)

3-CA-c.4 - Review Encroachment Permit Application

Caltrans reviews the Encroachment Permit Application to determine whether the application is complete. A complete application requires compliance with all statutory requirements, including the California Environmental Quality Act (CEQA). Cal. Sts. & High. Code § 671.5(a)

Green arrow.PNG 9-CA-a: State Environmental Process

3-CA-c.5 to 3-CA-c.6 - Does Caltrans Approve Encroachment Permit Application?

Section 671.5(a) of the California Streets and Highways Code requires Caltrans to approve or deny an Encroachment Permit Application within 60 calendar days after Caltrans determines the application is complete. If Caltrans approves the application, Caltrans issues the applicant an Encroachment Permit. If Caltrans fails to notify the applicant within the 60 day period the permit will be deemed approved and the applicant may proceed in accordance with the permit application. Cal. Sts. & High. Code § 671.5(a)

3-CA-c.7 – Appeal to Director (optional)

If the permit is denied, the applicant can appeal the decision to the Director of Caltrans (Director) for a final determination. The appeal must be in writing and the applicant will have to pay a fee of not more than 50 percent of the estimated administrative cost. The Director must make a written final determination within 60 days of receiving the applicant’s appeal. Cal. Sts. & High. Code § 671.5(c)


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