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Regulatory and Permitting Information Desktop Toolkit

Kansas Utility Permit Agreement (3-KS-e)

A developer may need to obtain a Utility Permit Agreement if the project will involve the installation of utility facilities along a Fully Controlled Access Highway. The Kansas Department of Transportation’s (KDOT) Kansas Department of Transportation - Utility Accommodation Policy generally prohibits the installation of utility facilities along a Fully Controlled Access Highway except where the Secretary of Transportation (Secretary) determines that the prohibition would result in severe hardship or is contrary to the public interest. KDOT Utility Accommodation Policy, at p. 2-1. The Secretary has delegated its authority to review and issue Utility Permit Agreements to KDOT’s District Engineers.


Utility Permit Agreement Process

3-KS-e.1 – Contact Kansas Department of Transportation (KDOT)

The developer should contact the Kansas Department of Transportation (KDOT) prior to submitting a request to install a facility within a controlled access right-of-way. KDOT will provide the developer with KDOT’s Utility Accommodation Policy and assist the developer in identifying the information the developer must provide in order to request a controlled access right-of-way.

3-KS-e.2 – Request to Install a Facility Within a Controlled Access Right-of-Way

The developer must submit a written request to KDOT if the project will involve the installation of a facility longitudinally within a controlled access right-of-way. KDOT Utility Accommodation Policy, at p. 3-7.

3-KS-e.3 to 3-KS-e.4 – Consult with KDOT

KDOT cooperates with the developer in order to facilitate the proposed installation. In consultation with KDOT, the developer must develop a plan meeting the objectives and conditions of KDOT Utility Accommodation Policy, at p. 3-7. Generally, the project must meet each of the following conditions:

  • The utility is underground;
  • No aboveground support utilities are within the access control limits, unless such utilities can be located at interchanges or highway rest areas;
  • Temporary access for construction by the Utility Company should be accomplished without using through traffic roadways or connecting ramps, and shall have no impact on the health, safety and welfare of the public. (Exceptions as noted in Part Three, Section II.A.10 and II.B.4);
  • The utility would not be used for transmitting gasses or liquids under pressure or for the transmission of products that are flammable, corrosive, expansive, energized or unstable;
  • The utility shall present no hazard to life, health or property if it fails to function properly, is severed or otherwise damaged;
  • Utility will require minimum maintenance after installation;
  • The maintenance, use or future expansion of the highway will not be impaired and any costs to relocate Utility Company facilities will be borne by the Utility Company;
  • Such use by the Utility Company will not restrict or exclude competitors or others who meet these conditions from equitable treatment;
  • The proposed use qualifies as a Categorical Exclusion under the Federal Highway Administration regulations for implementing the National Environmental Policy Act; and
  • The proposed installation meets a need for the KDOT Intelligent Transportation System. KDOT Utility Accommodation Policy, at p. 3-1 to 3-2.

3-KS-e.5 – Submit Formal Drawings

When the developer and KDOT have reached agreement on a plan for the project, the developer must submit formal drawings showing the location and specifications for the project. KDOT Utility Accommodation Policy, at p. 3-7.

Note: KDOT may require the developer to submit a fee for processing and issuing a Utility Permit Agreement. KDOT Utility Accommodation Policy, at p. 1-2.

Note: KDOT will not issue a Utility Permit Agreement until the developer submits a certificate of liability insurance, showing the location of the utility route by county, reference marker, section, township, and range.

3-KS-e.6 – Review Proposed Project and Formal Drawings

KDOT may approve the developer’s request for a Utility Permit provided that:

  • The installation will not unreasonably affect the safety, design, construction, operation, maintenance or stability of the highway;
  • There is adequate usable right-of=way available for Utility Company use that is not needed for planned highway expansion;
  • The proposed installation will not interfered with the present or future use of the highway;
  • Denial of use of highway right-of-way would have an adverse impact on the productivity of agricultural land. KDOT Utility Accommodation Policy, at p. 3-5 to 3-6.

3-KS-e.7 to 3-KS-e.8 – Does KDOT Approve the Proposed Plan?

If KDOT finds that the developer’s project and drawings comply with Kansas Department of Transportation - Utility Accommodation Policy. KDOT may enter into a Utility Permit Agreement with the developer, thereby approving the developer’s proposed use. The Utility Permit Agreement will contain provisions implementing the general provisions provided in the KDOT Utility Accommodation Policy, at p. 3-7 to 3-9.

3-KS-e.9 – Provide Additional Information or Data to Support Request for a Utility Permit Agreement (If Applicable)

If the KDOT Area Engineer denies the developer’s request for a Utility Permit Agreement, the developer may provide KDOT with additional information or data supporting the developer’s request.

3-KS-e.10 – Continue with Project

The developer may proceed with the proposed project in conformity with the Utility Permit Agreement and Kansas Department of Transportation - Utility Accommodation Policy. KDOT Utility Accommodation Policy, at p. 3-7.




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