RAPID/Roadmap/3-AR-c
Arkansas State Highway Right-of-Way Overview (3-AR-c)
State Highway Right-of-Way Overview Process
3-AR-c.1 to 3-AR-c.2 – Does the Project Encroach Upon an Existing Highway Right-of-Way?
A developer must obtain a State Highway Right-of-Way Permit from the Arkansas Department of Transportation for projects that encroach or require installations or other structures within an Arkansas state highway right-of-way. Ark. Code Ann. §27-67-304(a).
Under Arkansas law, rights-of-way provided for all state highways cannot be infringed upon for state highway purposes. Ark. Code Ann. §27-67-304(a). Installations and encroachments of any kind, with the exception of traffic signs or signals, are prohibited within the right-of way limits of state highways without a District or ARDOT Utility Permit. Ark. Code Ann. §27-67-304(a).
3-AR-c.3 to 3-AR-c.5 – Does Applicant Seek a District or ARDOT Utility Permit?
Arkansas law allows public utilities, along with political subdivisions, rural electric cooperatives, rural telephone cooperatives, and private television cables, to use the right-of-way or land of the State Highway Commission for the purpose of laying or erecting pipelines, sewers, wires, poles, ditches, and railways. A Other purposes, defined under existing agreements or permits, may be allowedprovided that the purpose not interfere with the public use of the property for highway purposes. Ark. Code Ann. §27-67-304(b).
District Utility Permit
A District Utility Permit may allow the following activities:
- Buried highway crossings;
- Aerial crossings of non-interstate highways;
- Buried or aerial longitudinal installations up to one-quarter mile on non-interstate highways;
- Spot repairs of utility facilities, including emergency repairs which may include pavement cuts; and
- Minor work, including pole replacements, pedestal installations meter taps not requiring pavement cuts, and routine maintenance.
ARDOT District Engineers review plans to ensure that the proposed utility facilities do not interfere with any existing or planned highway facilities or maintenance activities. ARDOT District Engineers are responsible for reviewing and approving District Utility Permits.
A District Utility Permit is valid for a period of four (4) months from the date of issue. UAP, § 6.3(A). For more information on the District Utility Permit process, see:
State Highway Right-of-Way: District Utility Permit
3-AR-d
ARDOT Utility Permit
Work that is not addressed in a District Utility Permit will be considered under an ARDOT Permit. ARDOT District Engineers review plans to ensure that the proposed utility facilities do not interfere with any existing or planned highway facilities or maintenance activities. Upon review, the District Engineer then submits the Permit Application to the Utilities Section of the ARDOT for further review and approval.
An ARDOT Utility Permit is valid for a period of twelve (12) months from the date of issue. UAP, § 6.3(B). For more information on the AHTD Utility Permit process, see:
Contact Information
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References
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Arkansas State Highway and Transportation Department
Right of Way Utilities Section Head
(501) 569-2321
of way division/utilities section.aspx Visit Website