Missouri State Highway Right-of-Way (3-MO-c)
State Highway Right-of-Way Process
3-MO-c.1 - Contact Missouri Department of Transportation (MoDOT)
The developer should contact the appropriate Missouri Department of Transportation (MoDOT) district office where the proposed project will be located early on in the project planning stages to discuss the project and to obtain information regarding specific permitting requirements. Depending on the nature of the work to be completed, MoDOT may require that the developer meet with MoDOT personnel prior to considering the developer’s request for a work permit. Missouri Department of Transportation Northeast District – Permit Process.
3-MO-c.2 – Permit to Work on Right of Way Application
To obtain a work permit, the developer must submit an application to MoDOT using the appropriate Missouri Highways and Transportation Commission Permit to Work on Right of Way form. The developer can access the application online or request a hard copy of the application from any of the seven (7) district highway offices or from the office of the Missouri Highways and Transportation Commission . Online permitting allows for a more efficient and less expensive permitting process. MoDot Engineering Policy Guide § 643.3.1. The developer’s application must specifically state the nature of the work to be performed and must include the following :
- A letter or email request including the name, address and telephone number of both the property owner and contractor;
- A location sketch showing the county and nearest crossroads to the state route in question;
- An overall site plan for the project meeting the following criteria:
- Plans must be drawn to scale. MoDOT prefers that the developer submit one 22” x 34” (C size), one 11”x 17” (B size), and one PDF electronic copy. Depending on the size and scope of the project, MoDOT may also require additional hard copies;
- Plans changing the original design of the highway must be signed and sealed by a registered professional engineer;
- Plans must include existing entrances or streets on both sides of the road (if applicable). The entrance plan should include surface type and thickness, curb detail, drainage pipe size and length, radii and profile. Note: Any driveway or street access should be tied to highway stationing and aligned with entrances on streets on the opposite side of the highway;
- A topographical survey showing the location of, and clearly labeling, all utilities, property lines, roadway features, and the MoDOT right of way;
- A grading and drainage plan (if applicable).
- The method of restoring disturbed right of way areas (i.e. compaction, find grading, seeding, mulching, and/or sodding). Note: If the proposed work involves land disturbance of 0.75 acres or greater, an Erosion Control plan for keeping silt on the site must also be included. A Stormwater Prevention Plan and Department of Natural Resources permit verification may also be required;
- A traffic control plan conforming to the guidelines provided by the Traffic Control Manual for Field Operations. A pavement parking plan, signing plan, and appropriate edge drop off treatments may also be required; and
- A note with the phone number of the appropriate Traffic Specialist that the developer must call a minimum of 48 hours prior to starting work, traffic control setup, pouring curbs or entrances, paving, etc., and for final inspection once work is complete.
Additional requirements for utility work include the following:
- The MoDOT right of way must be clearly marked and dimensioned on the plan, with the 6-foot utility corridor clearly designated;
- Plans must show the location of the proposed installation within the utility corridor or on a private easement;
- Plans must show all existing topography, including roadway features and other utilities;
- All street crossings must be perpendicular to the roadway and show a profile section with encasement extending from ditchline to ditchline or to the toe of the slope, as appropriate. Encasement must be shown a minimum of 30 inches below ditchlines for all utilities except water lines. Water lines must be a minimum of 42 inches;
- Parallel underground installations must be located within the 6-foot utility corridor or on a private easement and so indicated on the plans.
Depending on the nature of the work to be completed, MoDOT may also require the developer to submit additional documentation (e.g., site plans, a performance bond, a certificate of liability, traffic studies) prior to issuing a work permit. MoDot Engineering Policy Guide § 643.3.1.
3-MO-c.3 to 3-MO-c.5 - Review Application Materials for Completeness
Upon receipt, MoDOT will review the developer’s application materials for completeness. If the application is incomplete, MoDOT may require the developer to submit additional information before initiating its review.
3-MO-c.6 to 3-MO-c.7 – Does MoDOT Approve the Application?
After reviewing the developer’s application, MoDOT will make a determination on whether or not to approve the developer’s request for a work permit. If MoDOT approves the developer’s request, MoDOT will issue a right-of-way construction permit.
3-MO-c.8 – Notify MoDOT of Intent to Perform Work
Prior to beginning construction or maintenance, the developer must notify MoDOT of its intent to perform work. The developer may submit a Notice of Intent to Perform Work online at MoDOT’s Notice of Intent to Perform Work Process webpage. Alternatively, the developer may call or fax the MoDOT – Notice of Intent to Perform Work form to the appropriate district office. Missouri Department of Transportation – Notice of Intent to Perform Work Process.
The developer must provide notice of at least two days, but no more than ten days, prior to beginning work. Additionally, if the work will require a land closure, the developer must submit a request to close lanes at least two working days in advance.
3-MO-c.9 - Appeal Decision (Optional)
Any party aggrieved by the agency's decision may, within 30 days after it receives notice of that decision, file a petition in the circuit court for the de novo review of the agency's decision. Mo. Rev. Stat. § 536.100.
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