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Connecticut State Highway Right-of-Way (3-CT-c)

In Connecticut, a bulk transmission developer must obtain an Encroachment Permit (“Permit”) from the Connecticut Department of Transportation (“CTDOT”) to construct transmission lines that encroach on a state highway right-of-way. Conn. Agencies Regs. § 13b-17-1. CTDOT provides permit instructions and application materials on their Encroachment Permit Webpage.


State Highway Right-of-Way Process

3-CT-c.1 – Application for Encroachment Permit (Form PMT-1)

Any developer seeking to construct transmission lines or any proposed project within a state highway right-of-way must file an Application for Encroachment Permit (Form PMT-1) (“Application”) in writing to the appropriate CTDOT District Maintenance Manager (“DMM”). Conn. Agencies Regs. § 13b-17-4. A developer can access the Application by going to the CTDOT Encroachment Permit Webpage and clicking on the Application for Encroachment Permit (Form PMT-1) link. The Encroachment Permit Webpage also provides Instructions for Filing Application for Permit as well as general application requirements. The developer must submit eight copies of the complete construction plans and related documents to CTDOT. Conn. Agencies Regs. § 13b-17-4(1)(c). The Application must also include the location of the work to be done, information relating to the character and extent of the work, as well as materials to be used and methods of construction. Conn. Agencies Regs. § 13b-17-4(1)-(5).

3-CT-c.2 to 3-CT-c.3 – Review Application Materials for Completeness

After receipt of an Application, the Permit Investigator from CTDOT reviews the Application materials for administrative and technical completeness.

3-CT-c.4 to 3-CT-c.6 – Review Application for Approval

After receiving a complete Application, the Permit Investigator reviews the Application materials to determine whether the proposed project will cause substantial or needless damage to the highway, create excessive disturbance to traffic or result in dangerous conditions, or is detrimental to the aesthetics of the highway. Conn. Agencies Regs. § 13b-17-7. The Permit Investigator must also consider specific features of transmission siting within a highway right-of-way when examining the proposed project for Permit approval. Connecticut Department of Transportation – Utility Accommodation Manual. The Permit Investigator must draft a report discussing the Application assessment. The Permit Investigator then submits the report to the DMM for review. Conn. Agencies Regs. § 13b-17-3(1).

3-CT-c.7 to 3-CT-c.10 – Review Permit Investigator’s Report

After reviewing the Permit Investigator’s report, the DMM makes a Permit determination. The DMM may only issue a Permit for the use of a highway right-of-way when the use requested will not interfere with the needs for highway purposes or CTDOT operations, will not create a traffic hazard, and will not interfere with the safe and free flow of traffic. Conn. Agencies Regs. § 13b-17-3(1).

DMM may only issue a Permit conditioned on the developer's compliance with all regulations and acknowledgement that the Permit is revocable at the discretion of the DMM. DMM may revoke a Permit if the developer violates the Permit requirements. Upon receipt of a satisfactory Application investigation, surety of bond, and receipt of certificate of insurance the DMM may issue a Permit to use a highway right-of-way. Both the DMM and the permittee (developer) must sign the Permit before initiating construction. Conn. Agencies Regs. § 13b-17-7.

The DMM should grant the Permit unless it is determined that the project would cause substantial or needless damage to a highway, create excessive disturbance to traffic or result in dangerous conditions, or is detrimental to the aesthetics of the highway. Moreover, the CTDOT employs a Utility Accommodation Policy that generally allows for transmission siting within a state highway right-of-way. However, if the Application is denied, the DMM will notify developer by letter outlining the DMM’s reasoning for denying the Permit. If the developer failed to execute the requirements of a previously issued Permit, then the DMM may refuse to issue the developer any future permits. Conn. Agencies Regs. § 13b-17-5.

3-CT-c.11 to 3-CT-c.12 – Does CTDOT Require a Permit Bond?

A permit bond is generally required unless the developer is a public service company that has filed a statement of solvency acceptable to the Secretary of State, or the developer is a municipality and the permit bond is waived because the work covered by the permit is performed by municipal forces. Conn. Agencies Regs. § 13b-17-5. If required, the developer must deliver the permit bond to the DMM before CTDOT will issue a Permit. Information Concerning Encroachment Permits. For major utility projects, the DMM establishes the permit bond amount during the plan review stage of the project. Conn. Agencies Regs. § 13b-17-8.

3-CT-c.13 to 3-CT-c.14 – Does the CTDOT Require Insurance?

Before obtaining a Permit, a developer must provide a Certificate of Insurance. CTDOT may waive insurance coverage for municipalities or public service companies provided the work is completed by the entity and not by a contractor. Conn. Agencies Regs. § 13b-17-9.

3-CT-c.15 – State Highway Encroachment Permit

Once CTDOT approves the Application and the developer pays the permit bond and supplies the Certificate of Insurance, CTDOT issues an Encroachment Permit for the developer, allowing the developer to construct the project in the specified highway right-of-way in compliance with local ordinances. Conn. Agencies Regs. § 13b-17-10.

3-CT-c.16 – Appeal Decision (If Applicable)

After the CTDOT makes a determination, those persons seeking an appeal can file a motion for a hearing with the CTDOT. Conn. Agencies Regs. § 13b-17-126a. The CTDOT Commissioner will designate a hearing date and give notice to the appellant within 14 days of the hearing date. Connecticut – Conn. Agencies Regs. §§ 13b-17-1 - 13b-17-99, Encroachment Permit Regulations


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