2 Colo. Code Regs. § 601-18-1.0

Current through Register Vol. 47, No. 11, June 10, 2024

Section 2 CCR 601-18-1.0 - GENERAL PROVISIONS

1.1Statement of Basis

1.1.1 The basis of the State Highway Utility Accommodation Code (Code) is the need to serve the public good through the safe, efficient and effective joint utilization of State Highway Right-of-Way (SH ROW) for both transportation and utility purposes.

1.1.2 The Code is necessary to establish a uniform and consistent statewide process for accommodating utilities within SH ROW by means of reasonable regulations to ensure that such accommodations do not adversely affect the highway or traffic safety, or otherwise impair the operation, aesthetic quality or maintenance of the transportation facility, or conflict with applicable law.

1.1.3 Utility facilities provide an essential service to the general public, but every accommodation must be compatible with and not adversely affect the existing and future needs of the transportation facility.

1.1.4 The Code is being implemented in an effort to conserve limited public resources, preserve future options, and minimize conflicts between highway and utility facilities. The reasonable regulations in the Code ensure such accommodations.

1.1.5 As part of the regulatory review process, the Colorado Department of Transportation (Department) has conducted a thorough review of these rules, and where possible has eliminated unnecessary language, and has updated the rules based on changes in law or practice.

1.2Specific Statutory Authority

1.2.1 § 43-1-225(1), C.R.S., gives the Transportation Commission (Commission) authority to make reasonable regulations for accommodation of certain utilities in, on, along, over, across, through, or under SH ROW. Also, the Department has responsibility and authority under §§ 43-1-110 and 43-2-102, C.R.S., for the design, construction, improvement, maintenance and management of the State highway system and SH ROW. The Department also has authority to implement procedures for the performance of utility relocation work pursuant to § 43-1-1409(1)(b), C.R.S. § 43-1-106(8)(k), C.R.S., further authorizes the Commission to make all necessary and reasonable regulations with respect to the responsibilities of the Department for the State highway system. Finally, the Commission has authority under the police power to regulate the accommodation of utility facilities within SH ROW to the extent that regulation is necessary to protect the public safety and welfare.

1.2.2 While utilities have certain statutory authority to place their facilities within SH ROW, §§ 32-1-1006(1)(c), 32-4-406(1), 32-4-510(1), 38-5-101, and 38-5.5-103(1), C.R.S., that authority is subject to reasonable regulation by the Department to ensure that the facilities do not unreasonably impair transportation purposes. While local agencies have certain authority to allow utilities in streets that are also SH ROW pursuant to §§ 43-2-135(1), 31-15-702(1), and 38-5-108, C.R.S. and also Article XXV of the Colorado Constitution, that authority must be construed harmoniously with the primary authority of the Commission and the Department to regulate the accommodation of utility facilities in the SH ROW, as provided in the Code, in order to ensure statewide uniformity.

1.3Purpose

1.3.1 The purpose of the Code is to implement, by permit, Commission and Department authority to regulate utility accommodations in SH ROW.

1.3.2 The Code must comply with applicable federal provisions.

1.4Definitions and References

1.4.1 Abbreviations: As used in the Code these abbreviations shall have the following meaning:

1.4.1.1 AASHTO: American Association of State Highway and Transportation Officials

1.4.1.2 CCR: Code of Colorado Regulations

1.4.1.3 CDOT: Colorado Department of Transportation (Department)

1.4.1.4 CDPHE: Colorado Department of Public Health and Environment

1.4.1.5 C.F.R.: Code of Federal Regulations

1.4.1.6 CDPS: Colorado Discharge Permit System

1.4.1.7 C.R.S.: Colorado Revised Statutes

1.4.1.8 FHWA: Federal Highway Administration

1.4.1.9 MPH: Miles per Hour

1.4.1.10 MS4: Municipal Separate Storm Sewer System

1.4.1.11 MUTCD: The FHWA "Manual on Uniform Traffic Control Devices" and the Colorado supplement thereto as adopted by the Commission pursuant to § 42-4-104, C.R.S.

1.4.1.12 OSHA: Occupational Safety and Health Administration

1.4.1.13 PUC: Colorado Public Utilities Commission

1.4.1.14 ROW or SH ROW: Highway Right Of Way or State Highway ROW under CDOT jurisdiction

1.4.1.15 §: A Section of C.F.R. or C.R.S.

1.4.1.16 UNCC: Utility Notification Center of Colorado

1.4.1.17 U.S.C.: United States Code

1.4.1.18 WQCD: Water Quality Control Division at the Colorado Department of Public Health and Environment

1.4.2 Definitions

1.4.2.1 ABANDONED: The cessation of ownership, use, and operation of a utility facility. Also see "Retirement" in these definitions.

1.4.2.2 ACCOMMODATION: The location, installation, construction, operation, maintenance, repair, renewal, relocation or presence of utility facilities.

1.4.2.3 ADJUSTMENT: A modification of an existing utility facility.

1.4.2.4 AESTHETIC QUALITY: Those desirable characteristics in the appearance of the highway and its environment, such as harmony between or blending of natural or manufactured objects in the environment, continuity of visual form without distracting interruptions, and simplicity of designs which are desirably functional in shape but without clutter.

1.4.2.5 APPLICANT: The person or entity that prepares a utility permit application on behalf of the utility owner.

1.4.2.6 AS-CONSTRUCTED PLAN: also known as "As-Built Plan" is a plan updated throughout construction that includes all changes and modifications that occur during the construction phase of a project.

1.4.2.7 BACKFILL: Replacement of suitable material as specified around and over a pipe, conduit, casing or gallery.

1.4.2.8 BEDDING: Organization of soil or other suitable material to support a pipe, conduit, casing or gallery.

1.4.2.9 BORE: The excavation of an underground circular cavity for the insertion of a pipe or other type of conduit. Also see "Trenchless."

1.4.2.10 BRIDGE: A structure, including supports, erected over a depression or obstruction, such as water, a highway, or railroad, and having a track or passageway for carrying traffic or other moving loads and having a length measured along the center of roadway of more than twenty (20) feet between undercopings of abutments or extreme ends of openings for multiple boxes.

1.4.2.11 BRIDGE ATTACHMENT: Clamps, connectors, hangers, or other devices, subject to approval by the Department, required for securing utilities to a bridge.

1.4.2.12 CALENDAR DAY: Each and every day shown on the calendar, beginning and ending at midnight. When "day" is used, it shall mean calendar day unless otherwise specified.

1.4.2.13 CAP: Rigid structural element surmounting a pipe, conduit, casing, or gallery.

1.4.2.14 CARRIER: Pipe directly enclosing a transmitted fluid in a liquid or gaseous state.

1.4.2.15 CASING: A larger pipe enclosing a carrier. The cell of a box girder does not qualify as a casing. Tunnels or galleries may function as casing pipes.

1.4.2.16 CATHODIC PROTECTION: A method of controlling corrosion through the use of an induced electrical current and sacrificial anodes.

1.4.2.17 CLEAR ZONE: The unobstructed, traversable area provided beyond the edge of the traveled way for the recovery of errant vehicles. The clear zone includes shoulders, bike lanes, and auxiliary lanes, except those auxiliary lanes that function like through lanes.

1.4.2.18 COATING: Material applied to or wrapped around a pipe.

1.4.2.19 CONDUCTOR: Wire carrying electric current.

1.4.2.20 CONDUIT or DUCT: An enclosed tubular runway for protecting wires or cables.

1.4.2.21 COVER or COVER DEPTH or DEPTH OF COVER: The depth to the top of pipe, conduit, casing or gallery below grade of roadway or ditch.

1.4.2.22 CRADLE: Rigid structural element below and supporting a pipe.

1.4.2.23 CROSSING: The utility crossing of the SH ROW plus isolated segments of utility lines which may parallel the highway for not more than five hundred (500) feet.

1.4.2.24 DAY: Means a calendar day, unless specifically stated otherwise in the applicable text of the Code.

1.4.2.25 DEPARTMENT: The Colorado Department of Transportation.

1.4.2.26 DESIGN-BUILD CONTRACT: The procurement of both the design and construction of a transportation project in a single contract with a single design-build firm or a combination of such firms capable of providing the necessary design and construction services.

1.4.2.27 DESIGNATED REPRESENTATIVE: An authorized, appointed representative of the Department, local agency, utility owner or permittee.

1.4.2.28 DIVIDED HIGHWAY: A highway with separated roadways usually for traffic moving in opposite directions, such separation being indicated by depressed dividing strips, raised curbings, traffic islands, or other physical barriers so constructed as to impede vehicular traffic or otherwise indicated by standard pavement markings or other official traffic control devices as prescribed in the state traffic control manual.

1.4.2.29 DRAIN: Appurtenance designed to discharge liquid.

1.4.2.30 EASEMENT: An interest in real property that conveys a right to use a portion of an owner's property or a portion of an owner's rights in the property.

1.4.2.31 EMERGENCY: Where circumstances imperatively require immediate action to comply with a State or federal law or federal regulation or for the preservation of the public health, safety or welfare.

1.4.2.32 ENCASEMENT: A structural element surrounding a pipe, which may include boxing or jacketing in trenched installations, or grouting in trenchless installations.

1.4.2.33 EXPRESSWAY: A divided highway with partial control of access.

1.4.2.34 FEDERAL AID HIGHWAY: A public highway eligible for assistance under Chapter 1 of Title 23 of the United States Code other than a highway functionally classified as a local road or rural minor collector.

1.4.2.35 FEDERAL AID HIGHWAY PROJECTS: Active or completed highway projects administered by or through a State highway agency which involve or have involved the use of federal aid highway funds for the development, ROW acquisition, construction, or improvement of highway or related facilities, including highway beautification projects.

1.4.2.36 FLOWABLE BACKFILL: A low-cement-content aggregate mixture developed as an alternative to conventional trench backfilling methods, to facilitate the backfilling operation and expedite the restoration of a pavement surface.

1.4.2.37 FORCE MAJEURE: is a "superior force," such as natural and unavoidable catastrophes that interrupt the expected course of events and restrict participants from fulfilling obligations. It is a common clause in contracts to free both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties, such as a war, strike, riot, crime, or an event described by the term "act of God" (e.g., flooding, earthquake, volcano), prevents one or both parties from fulfilling their obligations under the contract. It does not excuse negligence or other malfeasance of a party, as where non-performance is caused by the usual and natural consequences of external forces, or where the intervening circumstances are specifically contemplated.

1.4.2.38 FREEWAY: A divided highway with full control of access.

1.4.2.39 FRONTAGE ROAD: A local street or road auxiliary to and located on the side of a highway for service to abutting property and adjacent areas for control of access.

1.4.2.40 FULL CONTROL OF ACCESS: The access control which provides for a preference to through traffic by providing access connections only with selected public roads and by prohibiting at-grade crossings and direct private driveway connections.

1.4.2.41 GALLERY: An underpass for two or more utility lines.

1.4.2.42 GRADE SEPARATION: A crossing of two roadways, or a roadway and railroad, at different levels.

1.4.2.43 GRAVITY-FED SYSTEM: any underground facility that is not pressurized and that utilizes gravity as the only means to transport its contents. These systems include sanitary lines, storm sewer lines, irrigation lines, and open-air irrigation ditches.

1.4.2.44 GROUT: A cement mortar or a slurry of fine sand or clay.

1.4.2.45 HEAVY WALL THICKNESS PIPE: Pipe meeting the industry standard for this specific designation.

1.4.2.46 HIGHWAY: The entire width between boundary lines of every way publicly maintained when any part thereof is open to use of the public for purposes of vehicular travel or the entire width of every way declared to be a public highway by any law of this State.

1.4.2.47 HIGHWAY AGENCY: That department, agency, commission, board, or official of any state or political subdivision thereof, charged by its law with the responsibility for highway administration.

1.4.2.48 HIGHWAY PURPOSE: Pertaining to the planning, design, construction, operation, maintenance, or improvement of any portion of the highway facility or function thereof, or to any lawful duty or act of a highway agency.

1.4.2.49 HIGHWAY PROPERTY: SH ROW, Port of Entry, and all improvements constructed thereon for highway purposes, including but not limited to such elements as: roadway template, pavement, subgrade, roadside areas, curbing, traffic barriers, highway structures, landscaping, irrigation and drainage systems, lighting, traffic signal systems, delineation, pavement markings and survey monumentation.

1.4.2.50 HIGHWAY STRUCTURE: Any structure constructed for the purpose of carrying vehicular, rail, or pedestrian traffic over a depression, stream, obstacle, roadway, walkway, or railroad.

1.4.2.51 HOLIDAY: Holidays recognized by the State of Colorado are: New Year's Day, Dr. Martin Luther King Jr. Birthday (observed), President's Day, Memorial Day, Independence Day, Labor Day, Frances Xavier Cabrini Day, Veteran's Day, Thanksgiving Day, Christmas Day. When a holiday falls on Sunday, the following Monday shall be considered a holiday, and when a holiday falls on a Saturday, the preceding Friday shall be considered a holiday. Cesar Chavez Day (March 31) may be considered a holiday, and, will be noted on the completed permit if applicable. Additional legal holidays, when designated by the Governor or the President of the United States, may also be recognized by the State. When a local agency has issuing authority for a permit, such other day(s) as the local agency may designate shall also be considered holiday(s) for the purpose of the permit.

1.4.2.52 INSPECTOR: A designated representative of the Department who is assigned to make detailed inspections of utility permit activities in order to verify compliance with the Code and with the terms and conditions of an approved permit.

1.4.2.53 INSTALLATION: A utility facility or portion thereof, which is placed within SH ROW or property owned by non-private entities, or the act of making same.

1.4.2.54 INTERCHANGE: A facility that grade separates intersecting roadways and provides directional ramps for access movements between the roadways. The structure and the ramps are part of the interchange.

1.4.2.55 INTERSTATE: A highway that is included as part of the national system of interstate and defense highways.

1.4.2.56 ISSUING AUTHORITY: The authority vested in the appropriate government agency to issue a permit in accordance with the Code to accommodate a utility in SH ROW.

1.4.2.57 JACKET or BOX: Encasement by concrete poured around a pipe or utility when proper depth cannot be obtained.

1.4.2.58 JACKING: Pushing a pipe horizontally under a roadway by mechanical means, with or without boring.

1.4.2.59 JETTING: Pushing a pipe through a roadway embankment using water under pressure to create a cavity ahead of the pipe. Jetting is different from Wet Boring, which is defined herein.

1.4.2.60 JOINT USE: The use of pole line, trenches, duct systems, or other facilities by two or more utilities in order to conserve SH ROW.

1.4.2.61 LEAK-PROOF CONSTRUCTION: Methods to ensure against leakage in pipelines, including welded or mechanical leak-proof joints, and/or quality assurance measures such as radiographic or hydrostatic testing and certification of welds and joints.

1.4.2.62 LOCAL AGENCY: The city, city and county, or incorporated town within whose jurisdiction the utility will be accommodated in the ROW of a street that is also a State highway.

1.4.2.63 LOCAL STREET: A street that is a part of a system of streets established in each city, city and county, and incorporated town, known as the city street system. It shall not include any street established by law as a part of the state highway system.

1.4.2.64 LONGITUDINAL: Parallel or nearly parallel to the approximate alignment of the highway for more than five hundred (500) feet.

1.4.2.65 MAINTENANCE: The servicing and repair of an existing facility as necessary to keep the facility in safe and acceptable operating condition.

1.4.2.66 MAJOR CHANGE: An alteration in the scope, location, nature, or cost of the work and includes but is not limited to:

1.4.2.66.1 changing a facility from aerial to underground; or

1.4.2.66.2 changing the location of a highway crossing; or

1.4.2.66.3 a shift from one side of the highway to another; or

1.4.2.66.4 any increase in plant capacity; and

1.4.2.66.5 changing from boring to open cut installation.

1.4.2.67 MANHOLE: An opening in an underground system which workmen, or others may enter for the purpose of making installations, repairs, connections or tests.

1.4.2.68 MARKER: A pole or other object placed over or near a buried facility to denote the facility's alignment.

1.4.2.69 MEDIAN: That portion of the highway separating the opposing traffic flows.

1.4.2.70 METHOD OF HANDLING TRAFFIC (MHT): A site-specific traffic control plan that describes the traffic control measures that may or will be taken in a particular phase of a permit operation or in a particular situation that may be encountered.

1.4.2.71 MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

1.4.2.71.1 Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes. This includes special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under the Clean Water Act, 33 U.S.C. § 1251, et seq., that discharges to waters of the United States;

1.4.2.71.2 Designed or used for collecting or conveying stormwater; and

1.4.2.71.3 Which is not a combined sewer; and

1.4.2.71.4 Which is not part of a Publicly Owned Treatment Works (POTW). See 5 CCR 1002-61.2.

1.4.2.72 NIGHT: The period between one hour before sunset and one hour after sunrise, or as specified in the Utility Permit.

1.4.2.73 PARTIAL CONTROL OF ACCESS: The authority to control access is exercised to give preference to through traffic to a degree that, in addition to access connections with selected public roads, there may be some crossings at-grade and some private driveway connections.

1.4.2.74 PAVEMENT CUT: The removal of an area of pavement for the purpose of placing or maintaining a utility facility.

1.4.2.75 PAVEMENT STRUCTURE: The combination of subbase, base course, and surface course placed on a subgrade to support and distribute the traffic load to the roadbed.

1.4.2.76 PERMIT: The written document by which the Department regulates and/or gives approval of the use and occupancy of the SH ROW by utility facilities or private lines, and which sets forth the approved terms and conditions under which a utility or utility facility may be accommodated within SH ROW. A permit is permissive authority that does not convey any compensable property interest to the permittee. Permits shall be issued only to the actual facility owner.

1.4.2.77 PERMITTEE: The entity that owns and operates and maintains the utility facility, and that is responsible for fulfilling all the terms and conditions of the permit; or, as accepted by the Department, the utility owner's designated representative, authorized by the owner, to carry out any or all permitted activities.

1.4.2.78 PIPE: A tubular product made as a production item and for sale as such. Cylinders formed from plate in the course of fabrication of auxiliary equipment are not pipe as defined herein.

1.4.2.79 PLOWING: Direct burial of utility lines by means of a "plow" type mechanism which breaks the ground, places the utility line and closes the break in the ground in a single operation.

1.4.2.80 PORT OF ENTRY: Fixed or mobile weight stations operated by Port of Entry officers authorized by statute to engage in commercial vehicle size, weight and safety enforcement and to facilitate the enforcement and collection of applicable fees, licenses, or taxes imposed upon motor carriers and the owners and operators of motor vehicles using the public highways of the state of Colorado.

1.4.2.81 PRESSURE: Relative internal pressure in pounds per square inch (PSI) gauge.

1.4.2.82 PRIVATE LINE: Privately owned facilities, which convey or transmit commodities outlined in the definition herein for "utility facility," but devoted exclusively for private use.

1.4.2.83 RECORD SET is a final set of design plans and specifications issued for construction which is sealed by a licensed professional engineer. The Applicant is responsible for determining if the design requires the oversight of a licensed professional engineer subject to the concurrence and approval by the Department.

1.4.2.84 REGION: A geographical subdivision of the state of Colorado established by the Department for administrative purposes.

1.4.2.85 RELOCATION: The adjustment of utility facilities required by the highway project or other highway purpose. It includes removing and reinstalling the facility, including necessary temporary facilities, acquiring necessary right of way on the new location, moving, rearranging or changing the type of existing facilities and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that is both functionally equivalent to the existing facility and necessary for the continuous operation of the utility service, the project economy, or sequence of highway construction.

1.4.2.86 REST AREA: A roadside area with parking facilities separated from the roadway provided for motorists to stop and rest for short periods. It may include drinking water, toilets, tables and benches, telephones, information and other facilities for travelers.

1.4.2.87 RETIREMENT: The cessation of use and operation of a utility facility that remains under the utility's ownership.

1.4.2.88 RIGHT-OF-WAY (ROW): Department-controlled property, or interests therein, acquired, dedicated or reserved for the construction, operation, and maintenance of the State highway system.

1.4.2.89 ROADSIDE: A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside.

1.4.2.90 ROADWAY: That portion of a highway improved, designed or ordinarily used for vehicular travel exclusive of the berm or shoulder. In the event a highway includes two or more separate roadways, "roadway" refers to any such roadway separately but not to all such roadways collectively.

1.4.2.91 ROADWAY TEMPLATE: The area of the constructed or proposed road embankment from road centerline across the traveled lane(s) and shoulder, then down to a drainage ditch, then up to an intercept with natural ground in a cut section, or from the shoulder down to an intercept with natural ground in a fill section.

1.4.2.92 RURAL AREA: Any segment of the State highway system not considered to be in an urban area.

1.4.2.93 SHOULDER: A portion of the roadway template immediately adjacent to the traveled lane.

1.4.2.94 SPECIAL PROVISIONS: Terms and conditions of a permit, imposed by the Department, which are consistent with but not otherwise set forth in the Code and which address unique or variable circumstances particular to a given installation.

1.4.2.95 STANDARD PROVISIONS: Standardized terms and conditions of a permit that reflect specific Code requirements and which apply in most situations.

1.4.2.96 STATE HIGHWAY (SH): A highway on the State highway system.

1.4.2.97 STATE HIGHWAY SYSTEM: All highways under Department jurisdiction and control and declared as such by the Commission pursuant to § 43-2-101, C.R.S.

1.4.2.98 STRUCTURE ATTACHMENT: A utility attached to or installed within a highway structure.

1.4.2.99 SURVEY PLAN: Includes all documents, plats, and reports resulting from the practice of land surveying that shall be identified with and bear the seal, the signature, and date of signature of the land surveyor in responsible charge. A professional land surveyor shall use a seal and signature when the work to which the seal is applied was prepared under the professional land surveyor's responsible charge pursuant to the Architects, Professional Engineers, and Professional Land Surveyors Rules and Regulations, 4 CCR 730-1.

1.4.2.100 TRAFFIC CONTROL PLAN (TCP): The planned utilization of MHT and of traffic control devices, as necessary, to ensure the safe and expeditious movement of traffic around and through the utility work site and the safety of the utility work force.

1.4.2.101 TRAFFIC CONTROL SUPERVISOR (TCS): The on-site person in direct responsible charge for implementing the TCP and shall be certified as a worksite traffic supervisor by either the American Traffic Safety Services Association or the Colorado Contractors Association, and shall have a current CDOT flagger certification card.

1.4.2.102 TRAVELED WAY: The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

1.4.2.103 TRENCHED: Installed in a narrow open excavation.

1.4.2.104 TRENCHLESS: Installed using a method where no trench is excavated, such as microtunneling, jacking or horizontal directional drilling.

1.4.2.105 UNDERGROUNDING: The act of burying a line, cable, or conduit, and in context may refer in particular to the act of replacing an existing aerial facility with a buried facility.

1.4.2.106 URBAN AREA: An area where residences or businesses are clustered, not necessarily within municipal boundaries, where frequent approaches, utility lines, and drainage facilities are likely to be encountered, and where potential exists for future widening of the road to accommodate anticipated traffic growth.

1.4.2.107 UTILITY or UTILITY FACILITY: Any privately, publicly or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, cable television, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, which directly or indirectly serves the public. The term utility shall also mean the utility company inclusive of any substantially owned or controlled subsidiary. For the purposes of the Code, the term includes those utility-type facilities which are owned or leased by a government agency for its own use, or otherwise dedicated solely to governmental use. The term utility includes those facilities used solely by the utility which are part of its operating plant. As the context provides, the term utility may also relate to an action or requirement of a "permittee."

1.4.2.108 VARIANCE: A deviation from a specific requirement of the Code, requested by a utility owner or permittee, that if approved, is deemed consistent with the purpose and intent of the Code, and is reasonably necessary for the convenience, safety, and welfare of the public.

1.4.2.109 VENT: Apparatus to discharge all gaseous contaminants from a casing.

1.4.2.110 WET BORING/HORIZONTAL DIRECTIONAL DRILLING (HDD): To bore using water or slurry mix under pressure at the cutting auger to soften the earth and to sluice out the excavated material.

1.4.2.111 WORKING DAY: Any day that the permittee can perform a normal day of work, exclusive of delays which result from inclement weather, labor disputes, material shortages and other factors beyond the permittee's control. It does not include any weekends or legal holidays.

1.5Applicability and General Provisions

1.5.1 The Code shall apply only to utility accommodations on SH ROW.

1.5.2 The Department will issue a permit only if the utility accommodation complies with the Code, and is not otherwise detrimental to the highway facility or to the health, welfare and safety of the public.

1.5.3 The Department may include permit terms and conditions deemed reasonably necessary to give effect to the purpose, scope or requirements of the Code.

1.5.4 Where language of the Code requires particular action to be taken or omitted, but does not specifically identify the responsible party, such requirements shall apply to and be the sole responsibility of the utility owner, as the context provides.

1.5.5 Where the language of the Code does not impose a particular obligation, but expressly indicates that a requirement or condition "will be specified," or "otherwise approved," or "may be required," or "may be necessary," or that the "Department may require a utility to take further action," the Code anticipates that such requirement or condition or action, if any, will be described by the Department in the permit. Such a requirement, condition or action will be applicable to the utility owner only if specifically described in the issued permit.

1.5.6 The Code does not invalidate utility permits or agreements issued or entered into prior to the effective date of the Code. However, to the extent the Code requires a utility to take reasonably necessary action in order to protect the public health, welfare and safety, or to prevent unreasonable interference with a State highway, existing utilities shall be subject to such requirements. The utility must take such actions upon written notice.

1.6Material Incorporated by Reference

The following regulations and standards are incorporated by reference pursuant to § 24-4-103 (12.5), C.R.S.; such incorporation does not include later amendments or editions of any incorporated material. As part of the Code and by this reference, such material is incorporated but only to the extent such material is consistent with the express provisions of the Code:

1.6.1 Federal Laws, Regulations, and Standards

1.6.1.123 C.F.R. § 1.23, "Rights of Way," October 28, 2019

1.6.1.2 23 C.F.R. Subpart 645A, "Utility Relocations, Adjustments, and Reimbursement," October 28, 2019

1.6.1.3 23 C.F.R. Subpart 645 B, "Accommodation of Utilities," October 28, 2019

1.6.1.4 49 C.F.R. Part 192 , "Transportation of Natural and Other Gas by Pipeline; Minimum Safety Standards" August 06,2020

1.6.1.5 49 C.F.R. Part 195 , "Transportation of Liquids by Pipeline; Minimum Safety Standards") August 06, 2020

1.6.2 National and Industry Standards

1.6.2.1 "A Guide for Accommodating Utilities Within Highway Right-of-Way," AASHTO, 4th edition, October 2005

1.6.2.2 "A Policy on the Accommodation of Utilities Within Freeway Right-of-Way," AASHTO, 5th edition, October 2005

1.6.2.3 "Roadside Design Guide", AASHTO, 4th edition, 2011, reprinted February 2012

1.6.2.4 "Recommended Practice for Liquid Petroleum Pipelines Crossing Railroads and Highways," American Petroleum Institute, Division of Transportation, API Recommended Practice 1102, 7th edition, December 2007 with March 2014 errata

1.6.2.5 "Manual for Assessing Safety Hardware (MASH)," AASHTO, 2nd edition, 2016 Year Published

1.6.2.6 "Manual on Uniform Traffic Control Devices (MUTCD)," FHWA, 2009 edition with Revision Numbers 1 and 2 Incorporated, dated May 2012.

1.6.3 Copies of Incorporated Material

Copies of the national and industry standards are maintained by the CDOT State Utilities Engineer and are available for public inspection during regular business hours at the Colorado Department of Transportation, 2829 W. Howard Pl., Denver, CO 80204.

1.6.3.1 Copies of the referenced United States Code may be obtained from the following address:

Office of the Law Revision Counsel

U.S. House of Representatives

H2-308 Ford House Office Building

Washington, DC 20515

(202) 226-2411

https://uscode.house.gov/

1.6.3.2 Copies of the referenced Code of Federal Regulations may be obtained from the following address:

U.S. Government Publishing Office

732 North Capitol Street, N.W.

Washington, DC 20401

(202) 512-1800

https://www.govinfo.gov/

1.6.3.3 Copies of the MUTCD may be obtained from the following address:

Office of Transportation Operations

Federal Highway Administration, Mail Stop: E84-402

1200 New Jersey Avenue, S.E.

Washington, DC 20590

https://mutcd.fhwa.dot.gov/

1.6.3.4 Copies of AASHTO publications may be obtained from the following address:

AASHTO Publications Order Department P.O. Box 933538 Atlanta, GA 31193 (800) 231-3475 https://store.transportation.org/.

1.6.3.5 Copies of publications from the American Petroleum Institute may be obtained from the following address:

API

1220 L Street, NW

Washington, DC 20005

(202) 682-8000

https://www.api.org/products-and-services/standards/purchase#tab-catalog

1.6.4 Conflict in Laws

These Rules are written to comply with and implement the Colorado Revised Statutes and the federal regulations referenced herein. If any provision of these Rules or their application is held illegal, invalid, or unenforceable, no other provisions or applications of the Rules shall be affected and to this end the provisions of these Rules are severable. If these Rules conflict with relevant federal or state law, the federal or state law shall govern.

2 CCR 601-18-1.0

43 CR 24, December 25, 2020, effective 1/14/2021