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Regulatory and Permitting Information Desktop Toolkit

Kansas State Highway Encroachment Permits (3-KS-c)

In Kansas, a developer may need to obtain a Use of Highway Right-of-Way or a Utility Permit Agreement from the Kansas Department of Transportation (KDOT) if the project will involve the installation, relocation, removal, or maintenance along, over or under any state highway right-of-way. KDOT controls access to the State Highway System, State Highway Access Points, and State Road Crossings. K.S.A.§§ 68-404, 415; Kansas Department of Transportation - Utility Accommodation Policy. The KDOT regulates the use of highway rights-of-way on the Kansas State Highway System through the issuance of Highway Permits and Utility Permit Agreements. Kansas Department of Transportation - Utility Accommodation Policy.


State Highway Encroachment Permits Process

3-KS-c.1 to 3-KS-c.2 – Will the Project Involve Installation, Relocation, Removal, or Maintenance along, over or on any State Highway Right-of-Way?

In Kansas, a developer may need to obtain a Use of Highway Right-of-Way or a State Utility Permit from the Kansas Department of Transportation (KDOT) if the project will involve the installation, relocation, removal, or maintenance along, over or under any state highway right-of-way. K.S.A.§§ 68-404, 415; Kansas Department of Transportation - Utility Accommodation Policy.

3-KS-c.3 to 3-KS-c.4 – Will the Project Involve the Installation of Utility Facilities On or Along a Fully Controlled Access Highway?

If the project will involve the installation of utility facilities on a state highway right-of-way on or along a Fully Controlled Access Highway, the developer must obtain a Utility Permit from the Kansas Department of Transportation (KDOT). KDOT – Utility Accommodation Policy, at p. iv. Utility facilities include all privately, publicly or cooperatively owned lines, facilities and systems for producing, transmitting or distributing power, electricity, etc. KDOT Utility Accommodation Policy, at page v. A utility company is any company placing its utility on a KDOT right-of-way. KDOT Utility Accommodation Policy, at page v.


Access control refers to full or partial restrictions of access from abutting lands to and from a highway. Full Control of Access means that access to the highway is prohibited except at selected public roads where interchanges are utilized. Highways with full control of access usually have divided roadways and are classified as Freeways, which includes all Interstate Highways. KDOT Utility Accommodation Policy, at p. ii. For more information, see:


State Highway Utility Permit:
3-KS-e


If the project will involve the installation of a project along, on or under a State Highway right-of-way, except for parallel installations on Fully Controlled Access Highways, the developer must obtain a Use of Highway Right-of-Way from the KDOT.

Note: At the discretion of the District Engineer, a developer may be required to obtain a Utility Permit Agreement (see below) if the project will involve the installation of utility facilities along a Partial Control of Access Highway. Partial Control of Access means that access to the highway is limited. Such highways are usually classified as Expressways. KDOT Utility Accommodation Policy, at p. ii. For more information, see:

Use of Highway Right-of-Way:
3-KS-d




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