Section R17-3-506. Encroachment Permit Requirements

A.      An encroachment permit consists of the materials submitted by an applicant under R17-3-504 and R17-3-505, and addi- tional requirements from the Department as described in sub- section (B). An encroachment permit will list in detail the requirements with which the permittee shall comply in order to perform the requested encroaching activity. Some of the requirements are general and apply to every encroachment permit. Others are specific to a particular encroachment activ- ity.

B.       The Department shall set encroachment permit requirements to:

1.        Maintain the integrity of the Department’s right-of-way and transportation facilities;

2.        Mitigate the risk to traffic safety;

3.        Improve traffic movement, efficiency, and capacity;

4.        Mitigate adverse drainage on state property or abutting property affecting state property;

5.        Mitigate environmental impacts;

6.        Mitigate maintenance costs to transportation facilities;

7.        Mitigate  potential  liability  for  the  Department  or   the state; and

8.        Mitigate potential harms to national or state security.

C.      By accepting an encroachment permit, a permittee agrees to the requirements described in the permit. If the permittee dis- agrees with the requirements, the permittee shall return the permit immediately to the District Office.

Historical Note

New Section made by final rulemaking at 10 A.A.R.

5202, effective February 5, 2005 (Supp. 04-4).