Md. Code Regs. 11.04.05.02

Current through Register Vol. 51, No. 11, May 31, 2024

Section 11.04.05.02 - Procedure for Obtaining an Entrance Permit

A. An individual or corporation desiring to construct a commercial, industrial, or public street entrance connecting with a State highway shall make written application, transmitted by methods as determined acceptable by the Administration, to the appropriate office listed below. Applications shall be accompanied by performance surety, detailed plans, and a utility letter (see § 1(2) of this regulation), if applicable.

B. Applications should be mailed to the appropriate Administration office as follows:

District 1 Dorchester Somerset Wicomico Worcester	SHA District Office 660 West Road, P. 0. Box 2679 Salisbury, MD 21802 (410) 677-4000
District 2 Caroline Cecil Kent Queen Anne's Talbot	SHA District Office 615MorgnecRd. (MD 291) Box 299 Chestertown, MD 21620 (410) 778-3061
District 3 Montgomery Prince George's	SHA District Office 9300 Kenilworth Ave. Greenbelt, MD 20770 (301) 513-7300
District 4 Baltimore Harford	SHA District Office 320 West Warren Road Hunt Valley, MD 21030 (410) 229-2300
District 5 Anne Arundel Calvert Charles Saint Mary's	SHA District Office 138 Defense Highway Annapolis, MD 21401 (410) 841-1000 or (410) 841-5450
District 6 Allegany Garrett Washington	SHA District Office 1251 VockeRd. LaVale, MD 21502 (301) 729-8400
District 7 Carroll Frederick Howard	SHA District Office P.O. Box 308 5111 Buckeystown Pike Frederick, MD 21704 (301) 624-8100

C. Work may not be undertaken on the State right-of-way until the permittee has received his copy of the permit and a 48-hour advance notice has been given the maintenance engineer or inspector specified in it.

D. When permit work involves erection of a new traffic signal or relocation or adjustments to a traffic signal, or both, it will be the additional responsibility of the permittee to notify the State Highway Administration, Traffic Engineering Division, Glen Burnie, Maryland (phone: (410) 787-5800) and Assistant District Engineer, Traffic, 10 days before beginning the work. This 10-day period is on the assumption the traffic signal plan has been reviewed and approved by the Traffic Division and financial arrangements, if any, have been made. The Assistant District Engineer, Traffic, for each of the seven districts can be contacted as follows:

District 1 Dorchester Somerset Wicomico Worcester	SHA District Office 660 West Road, P. O. Box 2679 Salisbury, MD 21802 (410) 677-4000
District 2 Caroline Cecil Kent Queen Anne's Talbot	SHA District Office 615 Morgnec Rd. (MD 291) Box 299 Chestertown, MD 21620 (410) 778-3061
District 3 Montgomery Prince George's	SHA District Office 9300 Kenilworth Ave. Greenbelt, MD 20770 (301) 513-7300
District 4 Baltimore Harford	SHA District Office 320 West Warren Road Hunt Valley, MD 21030 (410) 229-2300
District 5 Anne Arundel Calvert Charles Saint Mary's	SHA District Office 138 Defense Highway Annapolis, MD 21401 (410) 841-1000 or (410) 841-5450
District 6 Allegany Garrett Washington	SHA District Office 1251 VockeRd. LaVale,MD 21502 301-624-8400
District 7 Carroll Frederick Howard	SHA District Office P.O. Box 308 5111 Buckeystown Pike Frederick, MD 21704 301-624-8100

E. Application. Applications shall be submitted in duplicate on forms obtained from the Administration's website found at http://www.marylandroads.com or by other methods as determined acceptable by the Administration.

F. Plans.

(1) All applicants shall submit detailed plans for review, indicating the true relationship between their planned improvements and the Administration's existing right-of-way, including easements, drainage facilities, and pavement. Plans shall be prepared by a registered land surveyor or registered professional engineer. Plans shall show dimensions, existing and proposed contours, storm drain facilities, structures, parking, interior traffic patterns, typical section through the State Highway Administration right-of-way, proposed curbs, sidewalk ramps, proposed widenings, etc.

(2) When possible, the applicant's plans should be referenced to Administration surveys.

(3) A general location map shall accompany plan submission.

(4) Preliminary plans should be prepared on an engineering scale of not less than 1 inch = 50 feet. Recommended scale is 1 inch = 20 feet. When acreage is of such a size that the plan must be to a smaller scale, it would be appropriate to make a separate plan for the entrance construction and any roadway improvement deemed necessary by the Administration.

(5) Plan submission shall include a maintenance-of-traffic plan.

(6) For access permits where work is required in a travelled lane or where work disrupts the normal traffic pattern, an appropriate traffic control plan shall be developed by professional representatives of the permittee and approved by the SHA Assistant District Engineer, Traffic.

G. Performance Surety. In order to ensure complete and satisfactory compliance with the terms and specifications of the entrance permit, the permittee shall be required to submit a performance bond, letter of credit, or certified check, in a form acceptable to the Administration. The amount of the bond, check, or letter of credit shall be the next highest even thousand dollar above 150 percent of the cost estimate for the construction. This estimate must be acceptable to the SHA. If a bond is submitted, the SHA shall be designated as the obligee and the permittee as principal. In instances when a certified check is submitted, the check shall be made payable to the State Highway Administration and include the permittee's federal identification number.

H. Utility Adjustment.

(1) The relocation or adjustment of any public or private utility shall be the responsibility of the permittee and completed with entrance construction and roadway improvement. This includes traffic signals, fire hydrants, water mains, sewers, storm drains, telephone facilities, electric facilities, cable facilities, etc.

(2) Before the issuance of a permit, the permittee shall be required to submit letters from the permittee or utility companies acknowledging and agreeing to the financial responsibility regarding the relocation or adjustment of utilities along with a schedule for relocation and adjustments to utility facilities.

(3) It is the permittee's responsibility to relocate or have relocated all utilities which are within the paving and in front of the curbs or within the limit of work to be constructed under the permit. This relocation shall be accomplished before initiation of work stated in the permit or accomplished simultaneously with the work. The entrance and paving may not be open to traffic until relocation has been completed.

(4) The permittee or the permittee's representative shall notify "Miss Utility" (1-800-257-7777), 48 hours in advance of any construction to have underground utilities staked and marked in the field.

I. Inspection Cost. At the discretion of the Administration, a State highway construction inspector may be assigned full-time to inspect the work stipulated in the permit. All projects shall be inspected by the Administration. The Administration may require construction inspection reimbursement for any permit with over $50,000 in estimated neat construction costs. This reimbursement shall be calculated on the base pay of the assigned employee, plus overhead, and all administrative and general expenses.

J. Maintenance Responsibility. The owner shall be responsible for maintaining all areas from the flowline front face of a curb to the State highway right-of-way line both during and following construction.

K. Traffic Impact Study. At the discretion of the State's engineer, applicants for a major development or a development that may have a significant impact upon the State's highway system, or both, shall submit a traffic impact study to determine the type of access and scope of required highway improvements required to accommodate the proposed development.

Md. Code Regs. 11.04.05.02

Regulations .02 amended effective September 3, 1990 (17:17 Md. R. 2082)
Regulation .02A, B, D amended effective December 18, 1995 (22:25 Md. R. 1962)
Regulations .02 amended effective February 8, 2010 (37:3 Md. R. 176); amended effective 43:2 Md. R. 128, eff.2/1/2016; amended effective 45:23 Md. R. 1070, eff. 11/19/2018