Utah Encroachment Permit (3-UT-f)
Encroachment Permit Process
3-UT-f.1 to 3-UT-f.2 – Utility Line Agreement
The developer should contact the UDOT and set up an individual meeting to discuss the terms and conditions necessary to draft a utility line agreement. All utilities located within State Highway Right of Way must enter into a license agreement with the Department. After a utility line agreement is in place, the UDOT Regional offices can issue location specific encroachment permits for construction and maintenance. Utah Admin. Code § R930-7-6(6)(a); Utah Department of Transportation - Statewide Encroachment Permitting Program Webpage.
3-UT-f.3 – Submit Required Bond
The developer must enter into a performance and warranty bond with the UDOT. There are two different types of bond agreements available:
- An Individual bond (one-time use only); or
- A Statewide bond (multiple and multi-region use).
The Encroachment Bond must be in effect for three years after completion of the work. The amount of the bond is determined by the Region Permits Officer and should cover the cost of the work done on the right-of-way by the contractor. Utah Department of Transportation - Statewide Encroachment Permitting Program Webpage.
3-UT-f.4 – Pre-Application Meeting
3-UT-f.5 – Right-of-Way Encroachment Permit Application
The developer must submit an encroachment application to the UDOT. Two sets of plans with must be submitted with each permit application showing the right of way, all existing utilities, depth of proposed line, location of new facility in relation to centerline of road, and location of manholes. Utah Admin. Code § R930-7-6(6)(a).
3-UT-f.6 to 3-UT-f.7 – Review Application Materials for Completeness
UDOT reviews the encroachment application for administrative and technical completeness. UDOT will not formally review any application until it is deemed complete. If UDOT determines the application is incomplete, the developer will be notified in writing. The notification will include any outstanding items, issues, or concerns based on the submitted information. Upon receipt the developer must provide the additional data and information as requested or withdraw the application. Utah Admin. Code § R930-6-8(6)(a)
The typical completeness review period is 10 working days and begins with the submission of the application. Utah Admin. Code § R930-6-8(6)(b)
3-UT-f.8 to 3-UT-f.9 – Does UDOT Approve the Application?
UDOT reviews the encroachment application for approval. If UDOT determines additional information is required to make the decision, UDOT will request additional information from the developer. Utah Admin. Code § R930-6-8(6)(c)
Developers must comply with all applicable environmental laws and the requirements of Utah Admin. Code § R930-6 before the UDOT Region Director or his authorized representative issues a permit to proceed with any work.
If UDOT does not approve the application the developer may appeal the decision. If the developer does not appeal the process ends. Utah Admin. Code § R930-6-9(3)
3-UT-f.10 to 3-UT-f.11 – Review Application on Appeal
UDOT reviews the application on appeal in accordance with R930-6, Utah Admin. Code § R907-1 The Attorney General will assist the UDOT Regional Director during any hearing and drafting of the final order.
3-UT-f.12 – Encroachment Permit
UDOT issues the encroachment permit subject to terms and conditions therein. After obtaining the encroachment permit, the contractor will notify the specified UDOT inspector prior to beginning any work. If an inspector is unnecessary for any job, the contractor should notify UDOT when the work is complete. For each permit issued, UDOT will recover the cost of planning and coordination prior to issuing the permit (including administrative and support costs, review of plans by UDOT staff, field review by UDOT staff, and inspection costs). Utah Admin. Code § R930-6.
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