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Mississippi State Highway Right-of-Way (3-MS-c)

Information current as of 2018
In Mississippi, a developer may need a State Highway Right-of-Way Encroachment Permit (Permit) from the Mississippi Department of Transportation (MDOT) for projects that encroach on a state highway right-of-way. 37 Miss. Admin. Code, Pt. 1.7501, R. 04002.1100. MDOT has the authority to regulate the design, construction, improvement, maintenance and general management of the state highway system, including state highway access. Miss. Code Ann. § 65-1-2 .

State Highway Right-of-Way Process

3-MS-c.1 — Determine the Type of Roadway to be Accessed

A developer must determine what type of highway the proposed project will encroach upon or need to access. There are three different types of highways in Mississippi and for each type of highway there are specific access restrictions.

  1. Freeway – A freeway is defined as a highway, or section of highway, with full control of access and has been designated as a freeway by the Mississippi Transportation Commission (Commission). Properties next to a freeway can only access the freeway at interchanges constructed at intersecting roadways. However, frontage roads may be constructed to give access to the freeway through an intersection. 37-04002 Miss. Code. R. §301. A developer may then construct a driveway to access the frontage road.
  2. Partially Controlled Access Highway – For type 2A, access to the highway can be achieved through a frontage road or previously established entrances and exits until a frontage road is established. For type 2B, highway access is permitted only at established entrances and exits. 37 Miss. Admin. Code, Pt. 1.7501, R. 04002.302
  3. Conventional Highway – Conventional Highways have not been designated as freeways by the Commission and are highways consisting of 2 traffic lanes or divided highways with 2 or more lanes in each direction. For these highways, vehicles may enter the highway directly from the adjacent property. However, this may be restricted for safety reasons. 37 Miss. Admin. Code, Pt. 1.7501, R. 04002.303

The Access Management Manual (Manual) establishes further restrictions on the spacing of highway entrances for each type of highway.

3-MS-c.2 to 3-MS-c.6 — Determine the Type of Permit Needed

The developer must determine which Highway Right-of-Way Encroachment Permit (Permit) the proposed project requires. MDOT requires different application forms for each type of Permit.

Additional permits are required if the developer plans to construct pipelines, Application for Jacking, Dry Boring, Boring with Drilling Fluid, Tunneling and Directional Boring (Form MND-002), construct above ground or underground utility lines, Application for Permit to Construct Utility Lines Along or Across State Highways for Holders of Master Agreements (Form MND-003) and Master Agreement for Location of Electrical Power and Communication Utility Lines on State Highway Right-of-Way (Form MND-482), or clear timber, Form MND-004. 37 Miss. Admin. Code, Pt. 1.7501, R. 04002.§402–04. The Developer must ensure all applications are notarized. 37 Miss. Admin. Code, Pt. 1.7501, R. 04002.600. Additionally, a Permit may need a security bond before starting the project MDOT Performance Bond (Form MND-603). Each bond only covers one Permit Application 37 Miss. Admin. Code, Pt. 1.7501, R. 04002.801.

3-MS-c.7 — State Highway Right-of-Way Encroachment Permit Application

The developer must submit the applicable State Highway Right-of-Way Encroachment Application to the MDOT District office that supervises the maintenance of the highway where the permit site will be located. 37 Miss. Admin. Code, Pt. 1.7501, R. 03001..

3-MS-c.8 to 3-MS-c.9 — Review Application Materials for Completeness

The MDOT District office reviews the Application for administrative and technical completeness.

3-MS-c.10 to 3-MS-c.14 — Review Application Materials for Approval

MDOT must review a complete Application for approval. Employees at the MDOT District office’s provide assistance with the Application review process and ensure the requirements of the Commission’s regulations are met. 37 Miss. Admin. Code, Pt. 1.7501, R. 03001.301. MDOT has a different review process for non-active projects and active projects:

Permits for Non-active Projects

Permits for Active Projects – Before issuing a Permit, the MDOT District Office reviews files for all approved Utility Encroachment Permits and Applications for a Site Location. If no approved Application exists then the developer proceeds through the non-active projects procedure. If a developer intends to install new structures to an active Permit they must submit the corresponding MDF Form to be approved by the District Engineer. 37 Miss. Admin. Code, Pt. 1.7501, R. 03001.401. The District Engineer will assess Applications not in compliance with the Commission’s regulations in an attempt to bring the Application in compliance. 37 Miss. Admin. Code, Pt. 1.7501, R. 03001.400.

3-MS-c.15 — Appeal Decision (Optional)

If the Application is denied, the developer has ten (10) days to submit an appeal to the District Engineer. The District Engineer will forward the appeal to the State Maintenance Engineer and the Access Management Review Committee (Committee). The Committee reviews the appeal and makes the final determination on whether to grant the Permit. Manual.

3-MS-c.16 — State Highway Right-of-Way Encroachment Permit

The developer must comply with the conditions or restrictions on the Permit. The Permits are issued for one year after the date of approval. 37 Miss. Admin. Code, Pt. 1.7501, R. 04002.700.

3-MS-c.17 — Request Extension of Permit (Optional)

The developer can request an extension from the District Engineer, not to exceed 1 year, or can file a new Permit Application. 37 Miss. Admin. Code, Pt. 1.7501, R. 04002.700.

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Contact Information

Edit Mississippi Department of Transportation
Maintenance Deputy Director 601-359-7111 bgwilliams@mdotabbazabbamsabbazabbagov