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Wyoming Utility Construction Authorization within WYDOT Right-of-Way (3-WY-d)

Information current as of 2020
In Wyoming, any person (developer) must obtain permission from the Wyoming Department of Transportation (WYDOT) if a project may cross or encroach on a WYDOT highway right-of-way prior to commencing project construction. Wyo. Stat. § 1-26-813. A "highway-right-of-way" means property acquired by the WYDOT for the construction, operation, and maintenance of highways and related facilities. WYDOT - Utility Accommodation Regulation Manual, p.12.

Utility Construction Authorization within WYDOT Right-of-Way Process

3-WY-d.1 – Contact WYDOT District Maintenance Engineer

A developer should contact the WYDOT District Maintenance Engineer if a project crosses or encroaches on a WYDOT right-of-way. The developer should submit drawings to the District Maintenance Engineer that show the placement of the project relative to the roadway. See the WYDOT -Utility Accommodation Regulation Manual, p.21.

3-WY-d.2 to 3-WY-d.3 – Review WYDOT District Stipulations

The developer must review and incorporate WYDOT District stipulations into its project design. The developer may then submit a formal application, consisting of the WYDOT Form M-54 with a Plan Sheet (marked “Exhibit A”). Exhibit A must indicate the following: ‘’’Plan View Requirements’’’

  • Existing roadway, right-of-way line, right-of-way fence, and cross fences if they are not on the right-of-way line;
  • Existing approaches, intersecting roads or streets, drainage ditches, irrigation ditches, pipes and culverts that have to be crossed;
  • Existing major utilities facilities;
  • Proposed project alignment with offset distances from either the roadway centerline or right-of-way line;
  • Location of existing facilities on the highway right-of-way that are owned and operated by the developer;
  • Proposed locations of all support appurtenances such as air relief valves, manholes, pedestals, junction boxes, line markers, vent pipes, guys and anchors, etc.;
  • Size and capacity of the proposed project;
  • Highlighter indication of facility on submitted drawing;
  • Legal description of proposed project (Section, Township, and Range with North Arrow);
  • A reference to the proposed project to the nearest milepost marker using a compass direction and footage;
  • All bridge attachments must be reviewed and approved by the WYDOT Bridge Program. Bridge attachments should indicate if the proposed project is to be place in an existing conduit or a new conduit on the bridge. Bridge attachments are addressed in the WYDOT Utility Accommodation Regulation Manual.

‘’’Aerial Highway Cross Section’’’

  • Low sag design clearance above the high point of the roadway;
  • Existing or proposed under-built facilities, including those by others; and
  • A cross section view of the highway right-of-way indicating the location of poles or support structures relative to the roadway centerline or right-of way lines.

‘’’Buried Highway Cross Section’’’

  • Cross section view of the highway right-of-way at the crossing, showing the depth of the proposed project relative to natural ground, roadway drainage ditch, and the roadway template;
  • If casing pipe is used, an indication by dimension where the casing will end; and
  • If heavy wall thickness pipe is used instead of casing pipe, an indication of where the heavy wall thickness pipe transitions back to normal thickness pipe. WYDOT Form M-54, p.2.

3-WY-d.4 to 3-WY-d.6 – Review Application

After the WYDOT District Office reviews the formal application, it will either approve the application, prepare a License Agreement setting forth additional criteria to be followed, or deny the application. If the WYDOT District Office approves the formal application, the authorization will be granted. If WYDOT denies the application the project cannot continue. WYDOT may deny the formal application under the following conditions:

  • The proposed project will interfere with ongoing maintenance operations;
  • The proposed project will be located in the backslopes of erosive soils or on slopes steeper than 2:1;
  • The proposed project will be located within the roadway template, except for buried facilities that cross at a safe distance below the drainage ditch or locations (such as urban areas or city street roadway templates) where poles may be placed behind the sidewalk (slopes permitting), and buried facilities may be placed under traveled lanes or sidewalks; or
  • The proposed project will be located in road segments where it is known that road construction will take place in the near future. WYDOT Utility Accommodation Regulation Manual, p.27.

3-WY-d.7 to 3-WY-d.9 – Does WYDOT Approve the Application Contingent Upon a License Agreement?

The WYDOT District Office may condition its approval of a formal application on the entering of a License Agreement between WYDOT and the developer. If a License Agreement is required, the WYDOT District Office transmits all exhibits and information submitted by the developer, as well as specific stipulations required by the WYDOT District Office, to the WYDOT Utilities Section. The WYDOT Utilities Section prepares the License Agreement upon receipt of the information. WYDOT Utility Accommodation Regulation Manual, p.21.

3-WY-d.10 to 3-WY-d.12 – Transmit License Agreement to Developer for Execution

The WYDOT Utilities Section transmits the License Agreement to the Developer. Upon complete execution of the License Agreement by the developer and the WYDOT District Office, the WYDOT District Office issues the authorization for the developer to proceed with construction. WYDOT Utility Accommodation Regulation Manual, p.22.

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