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Rhode Island Physical Alteration Permit (3-RI-d)

Information current as of 2021
In Rhode Island, a developer may need a Physical Alteration Permit from the Rhode Island Department of Transportation (RIDOT) to construct a transmission line or ancillary facility within a state highway right-of-way. A Physical Alteration Permit is generally required for commercial facilities constructed within a state highway right-of-way. 290-20 R.I. Code R. § 4.5. “Commercial” uses for the purposes of the Physical Alteration permitting are broadly defined as “any property use other than for an individual, single-family dwelling or multi-unit development.” 290-20 R.I. Code R. § 4.3.


RIDOT regulates construction within the State highway and railroad right-of-way pursuant to 290-20 R.I. Code R. §§ 5.1-5.7; 290-20 R.I. Code R. §§ 4.1-4.16, State Highway Right of Way Regulations.



Physical Alteration Permit Process


3-RI-d.1 to 3-RI-d.2 – Refer to Physical Alteration Permit Checklist

The developer must refer to RIDOT’s Physical Alteration Permit Application Submittal Checklist to ensure the Application package is complete.

Plan Requirements

Plans must conform to RIDOT Design Policy Memo 450.02 Requirements Design Policy guidance can be found on the RIDOT Project Management Portal. An applicant (developer) must submit six (6) collated copies of conforming plans with the Application. RIDOT Instructions for Submittal of a Physical Alteration Permit Application (PAPA) for Commercial and Multi-Unit Residential Properties, p. 1. Plans for commercial applications must be approved and stamped by a Rhode Island Registered Professional Engineer (“Professional Engineer”). If the project does not affect the State Highway drainage system, then the plans may be approved and stamped by a Rhode Island Registered Land Surveyor (“Land Surveyor”). If the proposed project involves landscaping on state lands, all landscaping plans must be approved by a Rhode Island Registered Landscape Architect. 290-20 R.I. Code R. § 4.7.

Drainage Statement/Calculations Requirements

When submitting a commercial Application, a developer must submit computations and site-grading plans for draining conditions. Drainage plans must be approved and certified by a Professional Engineer. 290-20 R.I. Code R.§ 12.4. If the proposed project does not impact the State Highway drainage system, then the developer must file a statement of no impact certified by a Professional Engineer or Land Surveyor. 290-20 R.I. Code R. § 12.4.

Traffic Impact Study Requirements

A developer must also submit two (2) copies of a certified Traffic Impact Study with the Application if the proposed project does generate 100 or more new vehicle trips per hour during peak traffic or when a proposed project is within a traffic area that is already congested. RIDOT Instructions for Submittal of a Physical Alteration Permit Application (PAPA) for Commercial and Multi-Unit Residential Properties, p. 2. The Traffic Impact Study must be prepared, signed, and dated by a Professional Engineer. 290-20 R.I. Code R. § 14.0.

Signed Coordination Letter Requirements

In addition to the completed Application, a developer must also provide written proof that the City Engineer or appropriate local official has received copies of project plans and is apprised of the developer’s intention to initiate construction of the proposed project. 290-20 R.I. Code R. § 4.6.

Note: Municipal board meeting minutes or a copy of municipal comments on proposed work are not sufficient to meet this coordination requirement. RIDOT Instructions for Submittal of a Physical Alteration Permit Application (PAPA) for Commercial and Multi-Unit Residential Properties, p. 2.

Cost Estimate Requirements

Commercial applications also require the developer to submit an estimated project cost. 290-20 R.I. Code R. § 4.5. The estimated cost must only include work that impacts a State highway right-of-way. RIDOT provides guidance and information on calculating an estimated project cost on its RIDOT Project Management Portal.

Fee Requirements

The RIDOT does not accept Applications that are not accompanied by proper fee payment. 290-20 R.I. Code R. § 5.1. The developer must pay all necessary fees to the “General Treasurer, State of Rhode Island” by check or money order. 290-20 R.I. Code R. § 5.2. Depending on the nature and scope of the project, there are different fee requirements. For commercial Applications, the following fee requirements may apply:

  • Buildings less than 25,000 sq. feet require an application fee of $ 1,000;
  • Buildings between 25,000 sq. feet, and 300,000 sq. feet, require an application fee of $ 1,500;
  • Buildings greater than 300,000 sq. feet, but less than or equal to 750,000 sq. feet require an application fee of $ 2,000; and
  • Buildings greater than 750,000 sq. feet require an application fee of $ 3,000. 290-20 R.I. Code R. § 5.3.

Scenic Roadways

The Rhode Island Scenic Roadways Board must review and approve alterations within a state right-of-way if the project is located within a Scenic Roadway. 290-20 R.I. Code R. § 4.13. At the outset of the project, a developer should determine whether the project is located within a Scenic Roadway and submit such determination to RIDOT. 290-20 R.I. Code R. § 4.13.

3-RI-d.3 – Physical Alteration Permit Application

A developer may need to file a Physical Alteration Permit Application (Application) with RIDOT prior to initiating construction of a project that crosses a state highway right-of-way. Generally, if the transmission project requires a Physical Alteration Permit, developers must file a commercial Application. A complete Application is signed by the developer and must include, at minimum:

  • Identification of the type of permit requested (single-family; multiple unit residential; commercial; or other);
  • Name and contact information of the property owner, developer and engineer;
  • Location of the work;
  • Identification of whether the project requires a direct tie-in to the state drainage system;
  • Coordinate system employed in required plans and documents; and
  • Purpose of the permit.

Physical Alteration Permit Application.

Note: Only original signed Applications may be submitted, RIDOT does not accept photocopies. RIDOT Instructions for Submittal of a Physical Alteration Permit Application (PAPA) for Commercial and Multi-Unit Residential Properties, p. 1.

3-RI-d.4 to 3-RI-d.8 – Review Application Materials for Completeness

RIDOT must review the Application for administrative and technical completeness. The developer must, at the developer’s expense, provide any additional information regarding the proposed alteration requested by RIDOT. 290-20 R.I. Code R. § 4.9.

Historic Preservation and Heritage Commission Requirements

RIDOT must submit a copy of the Application to the Rhode Island Historic Preservation and Heritage Commission (HPHC) and requests comments to aid RIDOT in its determination on the Application. 290-20 R.I. Code R. § 4.14. The HPHC responds with comments within 30 days of receiving RIDOT’s request. 290-20 R.I. Code R. § 4.14.

Note: The developer is responsible for incorporating the HPHC’s feedback into project plans and proposals. RIDOT does not grant Permits unless HPHC comments are addressed and resolved. 290-20 R.I. Code R. § 4.14.

Bond Requirements

A developer must submit a performance bond for approval prior to RIDOT’s issuance of a Physical Alteration Permit. 290-20 R.I. Code R. § 5.6. If a proposed project requires an alteration within a state highway right-of-way that exceeds $25,000, the developer must provide a bond in the amount of one-hundred 100% of those costs. 290-20 R.I. Code R. § 5.6.

Insurance Requirements

A developer, and all contractors working on the developer’s behalf, must obtain and maintain a liability and property damage insurance policies sufficient to indemnify RIDOT against damages arising out of activities associated with work performed under the Permit. 290-20 R.I. Code R. § 5.7. This insurance policy must include, at minimum:

  • $ 500,000 for property damage resulting from any single occurrence; $ 1,000,0000 in the aggregate; and
  • $ 500,000 for the death or injury of another person with a $ 1,000,000 limit for injuries or deaths resulting from any single occurrence.

Note: RIDOT may waive the insurance requirement at its discretion. 290-20 R.I. Code R. § 5.7.

3-RI-d.9 to 3-RI-d.12 – Letter with Comments on the Application

RIDOT must prepare and send a letter with comments to the developer. The developer must respond to any requests for additional information within 30 days. If the developer fails to respond within 30 days, RIDOT must send a follow-up letter. If the developer fails to respond within 90 days of the original request, RIDOT may deny the Application. RIDOT Physical Alteration Permit Process and Access Management Consolidated Findings and Recommendations, p. 5.

3-RI-d.13 to 3-RI-d.14 – Assess Application for Approval

Upon review of an Application, RIDOT may approve the Application as submitted with standard conditions, approve the Application with additional conditions, or deny the Application. RIDOT notifies a developer by mail of its decision on the Application. 290-20 R.I. Code R. § 4.10. RIDOT does not approve Applications unless they conform to the latest version of the Rhode Island – Department of Transportation Standard Specifications for Road and Bridge Construction. 290-20 R.I. Code R. § 7.0.

3-RI-d.15 – Physical Alteration Permit

A Physical Alteration Permit is valid for one year after the date it is issued. 290-20 R.I. Code R. § 5.5. Upon the permittee (developer)’s written request, permits may be extended for one additional year at no cost and a second additional year upon payment of a fee equal to the original submission fee. 290-20 R.I. Code R. § 5.5.

Inspection Requirement

If project costs exceed $ 25,000, the developer must hire a RIDOT approved construction inspection company to oversee the project and ensure that construction work is performed in accordance with applicable standards and regulations. 290-20 R.I. Code R. § 5.8.

3-RI-d.16 – Appeal Decision to RIDOT Director (If Applicable)

If RIDOT denies the Application, the developer may appeal the decision to the RIDOT Director within ten (10) days of receipt of RIDOT’s written notice of decision. When filing an appeal, the developer must include a copy of the RIDOT Application decision. 290-20 R.I. Code R. § 4.11.


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