Difference between revisions of "Category:941 Permits and Access Requests"

This article describes the different types of permit, entrance, and other access-related requests that MoDOT receives and provides information on how to evaluate each request in order to make sound decisions which protect the safety and operation of the state’s highways. The term, access request, may be used throughout this article to define any type of request when someone desires to be on MHTC’s right of way or to place or build anything on MHTC’s right of way. EPG 940 Access Management should be reviewed thoroughly along with this article.

Examples of access requests that MoDOT receives:

• Applicant requesting a permit to perform work on MHTC’s right of way
• Applicant requesting an entrance within normal access right of way
• Applicant requesting an entrance within controlled access right of way
• Applicant requesting an entrance within no access right of way
• Applicant requesting to perform grading or construct geometric improvements within interstate right of way
• City requesting to construct a “Welcome To” monument on MHTC’s right of way.

Permit, entrance and access requests vary from the simple to the highly complex. Examples of possible applicants are individual property owners, private developers, utility companies, cities and counties. Some can be addressed very quickly without much backup information and involvement, while others require a large amount of supporting documentation and collaboration with other parties, such as local government entities or private developers.

When reviewing any type of entrance request, knowing the type of right of way at the location is the first step. Depending on the level of access control (normal, controlled, or no right of access), there are appropriate items to consider and specific methods to follow. Roadway plan sheets, deeds of record or condemnation petitions should be reviewed prior to evaluating an entrance request.

A site visit should be a part of the basic review process for almost every type of access request. The purpose of this visit is to involve the applicant and other parties to clarify the process and requirements, address any concerns, and answer questions. It also helps determine whether the request complies with access management guidelines, sight distance requirements and other important considerations described in this article.

A traffic impact study may be required for developers or cities/counties seeking a new or modified access to the MoDOT system. The specific content of a traffic impact study will vary depending on the site and prevailing conditions.

Some access requests, depending on their type and location, require higher level approval, such as from the Highway Safety and Traffic Division, the Commission or the Federal Highway Administration.

941.1 Entrance Requests Within Normal Access Right of Way

While access is not restricted by deed along highways with normal access right of way, it remains important to assess each request consistently throughout the state to help maintain good mobility and safety. EPG 941.1 Entrance Requests Within Normal Access Right of Way provides information on how to evaluate entrance requests within normal access right of way.

941.1.1 Evaluation Guidelines and Considerations

EPG 941.1.1 provides basic considerations and guidelines for evaluating entrance requests located in normal access right of way. It is important to remember,though, that each request is unique, so there may be additional considerations not specifically listed below that should also be assessed.

• Does the property already have an entrance?
• Review EPG 940 Access Management for guidance

• Consider joint usage of entrances, especially in locations with entrance density and spacing issues
• What is the speed limit and the AADT along the roadway?

• Complete a sight distance evaluation
• Determine whether a Traffic Impact Study is necessary
• What are the potential safety and operational effects to the state roadway system if an access is allowed?
• Are there geometric improvements that should be required if the entrance is allowed?

941.1.2 Compensation

Since access rights were not purchased and restricted by deed within normal access right of way, there is no compensation due to the MHTC for the allowance of an entrance located within normal access right of way.

941.1.3 Approval Authority

The district has the authority to approve entrance requests within normal access right of way.

If a proposed entrance does not meet sight distance and the request is denied by the district, an appeals process is available and can be pursued by the property owner.

941.1.4 Agreement Process

The agreement that shall be used when allowing an entrance within normal access right of way is a Permit to Work on Right of Way.

941.2 Entrance Requests Within Controlled Access Right of Way

According to the Commission’s Policy for Limited Access (November 7, 2013):

“The Commission recognizes that limiting access is an important tool for the safety and operation of state highways. The Commission also recognizes that community and property development opportunities may require changes or breaks in access to state highways where access rights have been purchased. The Commission supports access changes that are not detrimental to the overall design, safety, and operation of the roadway with the appropriate compensation.”

In order to promote consistency in the decisions regarding access changes, EPG 941.2 provides information on how to evaluate entrance requests within controlled (limited) access right of way. It is equally important that EPG 940 Access Management be reviewed very carefully when considering all requests to ensure state roadways maintain good mobility and safety.

941.2.1 Types of Requests

• Breaks in access.
• Non-contiguous entrance shifts.
• Contiguous entrance shifts and/or widenings.
• Eliminate use restrictions on existing entrances.

941.2.2 Evaluation Guidelines and Considerations

EPG 941.2.2 provides basic considerations and guidelines for evaluating access requests located in controlled access right of way. It is important to remember, though, that each request is unique, so there may be additional considerations not specifically listed below that should also be assessed.

941.2.2.1 Breaks in Access

• Are there acceptable alternatives for access via a nearby roadway that has normal access control?
• Is this a break in access for a city or county roadway?
• What is the speed limit and the AADT along the roadway?
• Determine whether the access request is located on a Major Roadway or a Minor Roadway (see Approval Authority and EPG 940.3 Clearance of Functional Areas of Interchanges).
• Determine whether the access request is located within the functional area of an interchange (see Approval Authority and EPG 940.3 Clearance of Functional Areas of Interchanges).
• Does the request solely benefit a developer, with no benefit to the state roadway system?
• Review EPG 940 Access Management.
• Complete a sight distance evaluation.
• Determine whether a Traffic Impact Study is necessary .
• What are the potential safety and operational effects to the state roadway system if an access is allowed?
• Are there geometric improvements above and beyond the entrance location, such as an additional turn lane, that should be required if the access change is allowed?

941.2.2.2 Non-Contiguous Entrance Shifts

A non-contiguous entrance shift is when an entrance is shifted from one property to another property; all property owners involved shall sign a change in access agreement. Note: A non-contiguous entrance shift that involves the same property owner on both properties (current entrance location and proposed entrance location) shall be considered the same as a contiguous entrance shift or widening for the purpose of the compensation determination.

• Shifts should be limited to the immediate geographic area within the same county and along the same route.
• The locations involved in the shift should have similar characteristics regarding the number of entrances to the roadway, driver expectancy, operating speed, traffic volume, alignment, and shoulder and roadway width.
• Determine whether the shifted entrance will be located within the functional area of an interchange (see Approval Authority).
• Review EPG 940 Access Management.
• Complete a sight distance evaluation.
• Determine whether a Traffic Impact Study is necessary.
• What are the potential safety and operational effects to the state roadway system if the access is shifted?
• Are there geometric improvements above and beyond the entrance location, such as an additional turn lane, that should be required if the access is shifted?

941.2.2.3 Contiguous Entrance Shifts and/or Widenings

A contiguous entrance shift and/or widening is when an entrance is shifted (and/or widened) within the same property.

• Review EPG 940 Access Management.
• Complete a sight distance evaluation.
• What are the potential safety and operational effects to the state roadway system if the access is shifted?
• Are there geometric improvements above and beyond the entrance location, such as an additional turn lane, that should be required if the access is shifted?

941.2.2.4 Eliminate Use Restrictions on Existing Entrances

• Determine whether a Traffic Impact Study is necessary.
• What are the potential safety and operational effects to the state roadway system if the entrance’s use restrictions are eliminated?
• Are there geometric improvements above and beyond the entrance location, such as an additional turn lane, that should be required if the entrance’s use restrictions are eliminated?

941.2.3 Compensation

An application fee of $100 should be charged to parties requesting changes in access within controlled access right of way. The deposit shall be made payable to Director of Revenue – Credit State Road Fund. The fee shall be refunded if MoDOT elects not to approve the request. If the applicant chooses not to pursue the request, the applicant shall forfeit the fee. If the request is approved, the application fee shall be deducted from the total compensation due the Commission for the access change. The fee should be waived when the requesting party is a governmental entity.

EPG 941.2.3 outlines the compensation rules for access changes within controlled access right of way. State highways and access were purchased with state road funds for fair market value; therefore, failure to acquire fair market value for access changes is a diversion of state road funds.

Breaks in Access for a City/County Road

In order for a break in access to be classified in this category:

• The request shall be made by a city or county.
• The request shall not solely benefit a developer or individual with commercial interests.
• When available, a master roadway plan shall be provided which clearly shows the requested break in access and its connection to a city or county roadway system that provides circulation of traffic and relief to the state system.

If the entire connection is not planned to be constructed at one time, dedication or reservation of right of way for the city or county roadway may be required as assurance of the intent to connect this roadway at a future date.

If the above criteria are met, then the break in access may be granted for no charge.

Breaks in Access and Non-Contiguous Entrance Shifts

This subarticle covers compensation requirements for all other breaks in access that do not meet the criteria for a city/county road, in addition to non-contiguous entrance shifts between different property owners (see also, EPG 236.5.28.3 Compensation for Changes in Access).

• An appraisal shall be completed if the district Right of Way department determines either of the following:

- There is a change in the highest and best use of the property, OR

- There is a change in the level of intensity of the highest and best use of the property or an enhancement to the highest and best use of the property.

• When an appraisal is completed, the following applies:

- The applicant is charged the greater of the following:

• The enhancement value to the property, as determined by the appraisal (see EPG 236.5.28.3 Compensation for Changes in Access for instruction on appraisals). OR
• The amount shown on the Value Determination Schedule .

- The district may approve a negotiated amount within 25% of the appraised value. Any amount beyond 25% of the appraised value shall be presented to the Asst. to the State Design Engineer - Right of Way for review and approval.

• If the district Right of Way department determines an appraisal is not necessary (from the first step above), then the appropriate charge shall be interpreted from the Value Determination Schedule.

Contiguous Entrance Shifts and/or Widenings

Compensation for contiguous entrance shifts and/or widenings shall be determined from the Value Determination Schedule. Note: Compensation for non-contiguous entrance shifts and/or widenings where both properties are owned by the same property owner will also be determined from the Valuation Determination Schedule.

Eliminate Use Restrictions on Existing Entrances

Compensation for the elimination of use restrictions shall be determined from the Value Determination Schedule.

941.2.4 Approval Authority

EPG 941.3 outlines the approval authority for the various types of access requests within controlled access right of way. Regardless of the approval authority, it is crucial the Commission Policy and the information provided in the EPG should be consistently followed when requests are evaluated in order to protect the operation and safety of the state’s highways.

IMPORTANT: It is the responsibility of the Commission to sign the deeds conveying any access.

District Approval

The District Engineer may approve the following access changes:

• Eliminate use restrictions on existing entrances.
• Contiguous entrance shifts and/or widenings.
• Non-contiguous entrance shifts ¹.
• Breaks in access along Minor Roads ¹.

¹ Except those that would be located within the functional area of an interchange (see Highway Safety and Traffic Division Approval, immediately below).

Highway Safety and Traffic Division Approval

The State Highway Safety and Traffic Engineer may approve the following access changes:

• Breaks in access along Major Roads.
• Breaks in access and non-contiguous entrance shifts that would be located within the functional area of an interchange.
• Access requests that do not meet sight distance or compensation requirements.

Commission Approval

If the State Highway Safety and Traffic Engineer determines a request to be high impact or a request is noncompliant with the Commission Policy and/or does not adhere to the information provided in EPG 941, then the request may be submitted to the Commission for its review and approval. Examples may include, but are not limited to:

• Access requests that involve any conflicts of interest.
• Requests that create a diversion of state road funds by not requiring the appropriate compensation for change in access.
• Major development access requests located within the functional area of an interchange.

941.2.5 Quit Claim Deeds, General Warranty Deeds and Agreements

Once an access request has been approved (See EPG 941.2.4 Approval Authority), there is additional documentation and deed-work that needs to be completed. It is important to remember that an access break within controlled access is a property right that is given and received by a recorded deed. Specific agreements may need to be executed as well.

Quit Claim Deed

When there are access changes within controlled access right of way, a quitclaim deed, releasing the Commission’s claim on the proposed access shall be developed by the district right of way staff in eAgreements, following guidance in EPG 153.20. Quit claim deeds are executed by the Commission and filed with the County Recorder’s Office by the District Representative. MoDOT is responsible for the filing/recording fee with the County Recorder’s Office.

General Warranty Deed

In cases involving entrance shifting, a general warranty deed, releasing the applicant’s claim to the existing access right shall also be prepared by the District in eAgreements, following guidance in EPG 153.20. General Warranty Deeds are executed by the landowner, and filed with the County Recorder’s Office by the District Representative. MoDOT is responsible for the filing/recording fee with the County Recorder’s Office.

Agreement

Access changes in controlled access right of way require execution of a contract between the property owner(s) and the MHTC when either of the following occurs:

• There are geometric improvements above and beyond the entrance location, such as an additional turn lane, required as a condition of the access change.
• There are specific conditions or future requirements that are associated with the access change.

All Access Change Agreements should be drafted by the district staff in eAgreements. The Highway Safety and Traffic Division will be the reviewer for all these agreeements. (See EPG 153.21 Traffic.)

Agreements shall be prepared using Chief Counsel’s Office (CCO) standard format agreements, which are available from eAgreeements, as are additional pre-approved boilerplate clauses.

Appropriate acknowledgement pages must be completed and notarized for each party executing the agreement (including an acknowledgement by the Commission); standard form acknowledgements are available from eAgreements.

Agreements with local government entities (cities, counties, villages, etc.) shall be accompanied by an ordinance authorizing execution by the person(s) signing the agreement; sample enabling ordinances are available from CCO’s site.

Any modification to the standard formats, outside of the addition of boilerplate clauses, shall require Highway Safety and Traffic Division and CCO review and approval.

If it is determined no agreement is necessary, district traffic staff shall complete the Access Change Checklist. This is then shared with district right of way staff to draft the required updates to the deeds.

Once the agreement or checklist is prepared, district traffic staff sends agreement or checklist to district right of way staff to complete the deeds required.

Once the agreement and deeds are prepared and all necessary approvals secured, it is the district’s responsibility to obtain the appropriate local signatures and notarize the acknowledgements. The applicant must fully execute all necessary copies (2 copies are required), prior to final execution by the MoDOT and MHTC representatives. If additional copies are desired, the drafter will work with the Commission’s Secretary’s Office prior to sending the agreement to the applicant for signature.

941.2.6 Final Approval and/or Document Execution

Once all necessary documents (as described in EPG 941.2.5 Quit Claim Deeds, General Warranty Deeds and Agreements) are completed, the district shall submit to the Highway Safety and Traffic Division for further execution. The submittal shall include:

• Agreements (if necessary).
• Quit Claim Deed.
• General Warranty Deed (if necessary).
• Processing documentation (such as eAgreements properties page).

If the access change requires approval from the Commission, there is additional information that needs to be prepared. The Highway Safety and Traffic Division staff is responsible for preparing the Commission item background information for the agreement to be placed on the Commission’s agenda. There are strict deadlines for placing items on the Commission Agenda. See the Agenda Checklist and Backup Schedule. If all deadlines have been met, the access request will be acted on during the next scheduled Commission Meeting. The Commission chairman or vice-chairman then executes the agreement.

The Highway Safety and Traffic Division shall ensure the necessary deeds, agreements, and background information be routed to the Chief Counsel’s Office (CCO) for review and approval-as-to-form; CCO will forward the documents to the Commission Secretary (CS) for final execution. The agreement’s properties page is printed and used instead of a cover letter, memo, or transmittal form.

Once the agreements are fully executed, one original executed copy of the agreement will be retained for the Commission files, and the balance of the executed copies will be returned to the district, for recording and distribution. One original executed copy will be recorded along with the deeds in the County Recorder’s Office. The order in which they are recorded shall be Agreement, General Warranty Deed, and Quitclaim Deed.

The Permit to Work on Right of Way associated with the change in access shall not be issued until the deeds (and agreements, if required) are fully executed, including execution by the Commission Secretary.

941.3 Entrance Requests Within No Access Right of Way

The no right of access restriction is used to restrict access from adjoining properties to the roadway in any matter during the present or in the future, therefore entrances within No Access Right of Way shall not be permitted.

If there is a request within No Access Right of Way and the district determines that the type of right of way in that location may not need to be as restrictive, then the request shall be submitted to the Highway Safety and Traffic Division for review.

The review process and guidelines shall follow the procedures shown in Entrance Requests Within Controlled Access Right of Way, with the approval authority being the Highway Safety and Traffic Division and the option of submittal to the Commission.  

941.4 Request to Perform Grading or Construct Geometric Improvements within Interstate Right of Way

MoDOT occasionally receives permit requests from applicants requesting to perform grading or build geometric improvements on the interstate right of way. Any request that involves the right of way along interstate highways requires submittal to the Highway Safety and Traffic Division, and subsequently will be submitted to the Federal Highway Administration (FHWA).

Both, grading and geometric improvement requests on the interstate shall be submitted to the Highway Safety and Traffic Division for review and approval.

The following list is recommended for submittals to the Highway Safety and Traffic Division for interstate grading or geometric improvement requests:

• Documentation from the district explaining the request in detail

• who is requesting

• what they want to do

• when they need it

• where it is located

• why ROW Access is needed

• how much of the ROW and for how long

• General location map
• Depending on the level of approval sought (conceptual or final), plans should be submitted, which may include plan sheets, cross sections, traffic control plans, drainage plans, and erosion control plans
• Site map with clear definition of the owner’s property and the desired ROW access
• Documentation of approval from the district
• Determination of value by the MoDOT district. The Highway Safety and Traffic Division can be used as a resource to assist in the determination of value
• Traffic Impact Study, if needed. Consultation with the Design Division is necessary to determine if additional NEPA documentation or Access Justification Report, will be required by FHWA. Additional information can be found in EPG 234.1 Access to Interstate Highways.

If the Highway Safety and Traffic Division approves the request, it will be submitted to FHWA along with documentation from the division indicating that the request has been reviewed and approved, and that FHWA approval is sought. Requests will be submitted to FHWA through the Division’s Realty Specialist, as outlined in MoDOT’s partnering agreement with FHWA. FHWA’s regional Transportation Engineer should receive a copy of the request. FHWA can provide either conceptual approval or final approval, and may require a minimum of two weeks to consider a geometric change request.

Additional information may be found at FHWA’s Missouri Division staff directory and FHWA Partnering Agreement 2018.

941.5 Request by a City to Construct a “Welcome To” Monument

Cities may request to place "Welcome To" Monuments on Commission-owned land to welcome visitors to their community when their city limits encompass the state route. Welcome To Monuments are ground mounted structures only. Welcome To Monuments shall not be mounted in an overhead configuration, on sign structures or on bridge structures, i.e. girders, columns abutment walls, aesthetics, etc.

A monument is any sign that does not meet the standards and guidance described in EPG 903.9.13 Welcome To Signs. Other terms that may be used in place of monument are gateway or marker.

The first step the district shall take when receiving a request from a city for a Welcome To Monument is to work with the city to determine if there are acceptable locations for the proposed monument off of Commission-owned land.

If there are no appropriate locations, the district will work with the city and Central Office Highway Safety and Traffic Division to compile the following information to determine if the monument request on Commission property may be considered.

Monument Requirements

• The monument shall be placed in a location that is not reachable by an errant vehicle; clear zone principles do not apply.

• The monument shall be installed in a location that does not interfere with normal highway signs or impede sight distance.

• The district shall work with the city to find a location that poses the least risk to the public.

• The city shall provide detailed design plans (exhibits, graphics, lighting, flag poles, irrigation, location map, etc.) and specifications of the monument, including grading around the monument.

• The monument shall not create a distraction or a hazard to motorists and the monument is not designed in a way to invite pedestrian traffic. Therefore, plans which include features such as water and electricity shall be thoroughly examined.

• One monument per each direction of travel per the dominant travelway entering into the city limits within the city limits when possible. Pending MoDOT approval.

• The district shall determine if the proposed monument location is on excess property and whether Commission ownership shall continue.

• The district shall verify there are no conflicting encumbrances on the property (lease, etc.).

• Maintenance access shall be via adjacent private property, unless physically impossible.

• The monument shall not contain advertising or sponsorship.

Once Central Office Highway Safety and Traffic conceptually approves the location of the city monument, the city will provide the legal description from a professional survey of the location to the district Traffic staff. Once the district Traffic staff receives the legal description, district Traffic staff will provide it to the district Right of Way staff. District Right of Way staff will then request categorical exclusion (CE) determination from the Environmental Studies Section for review to ensure there are no environmental issues with the proposed location.

District Review and Recommendation

The district will present the following information to the district’s Asset Management Committee (AMC) for conceptual approval as referenced in EPG 236.5.25 Leases, Licenses and Airspace License Agreements:

• Location map which should include nearby highway(s), intersection(s), town, etc.

• Aerial map of the proposed monument location

• Exhibit which shows the legal description from a professional land survey of the property requested for the monument location

• Plan sheets for the monument design

• Roadway plan sheets

• Documentation from the district which addresses all of the above requirements.

Once the AMC provides conceptual approval, the district will send the items presented to the AMC, including the AMC meeting minutes to Central Office Right of Way for conceptual approval and compliance with EPG 236.5.25. Once Central Office Right of Way provides conceptual approval, they will request conceptual approval from Central Office Highway Safety and Traffic. Once Central Office Highway Safety and Traffic provides conceptual approval, and if the monument location is on interstate right of way, Central Office Right of Way will request conceptual approval from FHWA. Once FHWA provides conceptual approval, Central Office Right of Way will inform the district that the final approval and execution of RW45 agreement stage can begin.

Final Approval and Execution of Agreement

The district will inform the city that conceptual approval has been granted and the requirement to enter into a license agreement with the Commission. The district will draft the license agreement (RW45 Agreement) in eAgreements and request a locally executed agreement from the city.

The district will provide Central Office Right of Way the locally executed agreement and the CE approval. Once Central Office Right of Way approves the locally executed agreement, they will request approval from Central Office Highway Safety and Traffic. Once Central Office Highway Safety and Traffic approves, and if the monument location is on interstate right of way, Central Office Right of Way will request approval from FHWA. Once FHWA approves the agreement, Central Office Right of Way will fully execute the agreement and provide a copy to the district. District Right of Way will enter the agreement into the Realty Asset Inventory.

941.6 Request for a Permit to Perform Work on MHTC’S Right of Way

Any work performed on the MHTC’s Right of Way requires a permit. Some requests are very simple and can be addressed quickly without much background information, while others may be highly complex and require a large amount of supporting documentation and collaboration with other parties.

An external permits webpage is available for customers to request a permit to work on right of way, in addition to including important links relating to working on MHTC’s right of way.

Before granting a Permit to Perform Work on Right of Way, it is important to ensure that the request does not require higher level approval or a separate agreement by reviewing EPG 941 in its entirety.

EPG 941.6 describes the basic guidelines that should be followed when evaluating a request to do work on right of way.

941.6.1 Examples of Permit Requests

There are many different reasons why a permit may be requested. Some examples are listed below, but the following should not be interpreted as a complete list.

• Construction or reconstruction of entrances
• Grading/landscaping or geometric improvements
• Utility installation or relocation.

941.6.2 Two Forms for a Permit to Work on Right of Way

There are two different forms for a Permit to Work on Right of Way: one for non-local government projects and one for local government projects. They appear very similar, but the important difference is Section 9 in the General Provisions. Applicants who need to have the Permit for Local Government projects have additional requirements, as shown below.

• Permit for non-local government projects

- This permit is for all contractors and individuals not doing work for public entities/local governments.

• Permit for local government projects

- This permit is for all contractors performing work for public entities/local governments and for a public entity/local government performing the work with internal forces.

- o Additional requirements in Section 9 of the General Provisions – The applicant shall carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and MoDOT and its employees, as additional named insured in amounts sufficient to cover the sovereign immunity limits for Missouri public entities as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610 R.S. Mo.

941.6.3 Evaluation Guidelines and Considerations

EPG 941.6.3 provides basic information that may be necessary for evaluating permit requests. It is important to remember though that each request is unique, so there may be additional considerations not specifically listed below that should also be assessed.

941.6.3.1 Plan Sheets/Site Plans

Depending on the type of request, the applicant may need to submit various types of plan sheets or site plans. These may include, but are not limited to: plan/profile sheets, drainage sheets, erosion control sheets, cross-section sheets, traffic control sheets.

941.6.3.2 Meetings

A site visit should be a part of almost every type of permit request. Additional meetings may also be required, especially when collaboration with other parties, such as local government entities or private developers, is needed.

It may also be necessary to involve other divisions within MoDOT for plans review or other analyses.

941.6.3.3 Proposed Permit Work Within Limits of a Proposed or Active Project

Within Limits of a Proposed Project

The permit applicant shall be informed of any proposed projects, and it may be advisable to either postpone the issuance of the permit or coordinate with district design to ensure the work will be compatible with the new construction. If compatible construction is not possible and the applicant desires to continue with the permit, the district may choose to allow the applicant to omit some permanent features in order to limit the construction that would later be removed by MoDOT. A copy of the proposed or permitted entrance plans shall be made available to district design to incorporate into contract plans, if necessary.

Within Limits of an Active Project

A project is considered active after notice to proceed date.

Any work done on an active permit must be completed prior to or suspended to not cause any delay to contracted MoDOT project(s).

In order to issue a permit within an active construction project, the work shall be coordinated with the District Construction and Materials Engineer. After the construction requirements are developed, it shall be the applicant’s responsibility to obtain an endorsement from the roadway contractor, which relieves the Commission of any responsibility for delays or additional costs which the roadway contractor might incur as a result of the applicant’s work. Upon receipt of written documentation, a permit may be issued.

Copies of the permit and plans are furnished to the District Construction and Materials Engineer. Inspection of permitted work within the limits of a construction project shall be the responsibility of the District Construction and Materials Engineer.

District staff shall work together to ensure cooperation between the applicant and the roadway contractor is enhanced. If issues arise, the District Engineer shall be made aware and assist if possible. Contractor legal relations to MoDOT and responsibility to the public is detailed in Sec 107.

941.6.3.4 Section 9 Requirements for Local Government Projects

If the permit will be for a local government project, then the applicant must do the following:

• Provide proof that they carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri.
• Must name the Commission, MoDOT, and its employees as additional named insured in amounts sufficient to cover the sovereign immunity limits for Missouri public entities (as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to 537.610 R.S. Mo).

941.6.3.5 Storm Water Regulations

Applicants requesting a permit to perform work on MHTC’s right of way (excluding utility companies) should be informed that Department of Natural Resources (DNR) storm water permits are required when a private developer is proposing any land disturbance activity greater than one acre adjacent to our right of way. The owner or applicant must specifically be asked whether they are aware of the storm water regulations.

• If the response is "yes" and documentation can be provided showing they are either exempt or have obtained their DNR permit, the permit issuance process may continue.
• If the response is "no," the applicant should be advised to contact the appropriate DNR regional office to obtain their DNR permit or furnish some type of affidavit of exemption.

Documentation must be provided prior to the issuance of the permit. The burden of proof shall be the responsibility of the permit applicant rather than MoDOT staff.

941.6.3.6 Deposit Requirements

Deposits are not routinely required for applicants constructing Type I (private residential/farm) entrances, however unusual conditions or construction may warrant a deposit. Deposits may be required for Type II (side street/road), Type III, Type IV, and Type V (commercial/industrial) entrances if the applicant is not a government agency. Details regarding entrance types, refer to the standard plans.

In order to maintain consistent deposit requirements for entrance permits, the cost of curbing required is used as a guide. If other circumstances or construction dictate the need to increase the deposit above the amount required to build the curbing, this increased amount is added to the deposit.

If the deposit is a cashier’s check, a minimum amount of $500 and a maximum of $50,000 will be required. If deposit requirements exceed $50,000, a performance bond will be required. There is no maximum limit for a performance bond. The performance bond or cashier's check shall be made payable to Director of Revenue - Credit State Road Fund.

All deposit checks shall be transmitted to Financial Services using the following procedure:

1. Forward deposit as received to Financial Services by attaching the Receipt - Transmittal of Money form. It is imperative to furnish the remitter’s correct name and address.

2. Upon satisfactory completion of the permit, the district advises Financial Services by email or other written communication to refund a check to the remitter.

3. Financial Services will transmit the check directly to the remitter and also notify the district by email that the check has been processed. The warrant request is attached to the file copy of the permit.

4. If the work is not completed as described in the permit, refer to Default of Permit Requirements

941.6.3.7 Construction Inspection

Regardless of the quantity of the work being done on MHTC’s right of way, inspection of the construction work is extremely important to ensure quality and conformance to the requirements set in the permit. Inspection responsibilities for each permit should be discussed with the necessary district staff.

District staff must share in the responsibility of routine inspections of entrances under construction. Applicants are required to notify district staff of anticipated dates for various stages of their construction work, and the appropriate personnel are to make an effort to make timely inspections for the applicant.

Examples of routine inspections may include:

1. Inspection of drainage pipes before backfilling to ensure proper placement and that materials meet state specifications.

2. Inspection of the subgrade and all concrete forms prior to concrete placement to ensure proper location and workmanship.

3. Inspection of their traffic control plan and other roadway safety issues

4. Inspection of their erosion control plan

5. Final inspection after completion.

More or less, inspections may be necessary, depending on the complexity of construction. The applicant may be required to place funds in escrow to pay for construction inspection on large projects. If this occurs, the permit request and plans must be forwarded to Highway Safety and Traffic Division for approval and establishment of a special AFE account.

When deemed necessary by the department i.e. when a signal is being installed as part of a permit or there is more work in MoDOT right of way than one MoDOT representative will be able to handle the amount of inspections on their own Independent outsource inspection may be required. This is to be paid for by the applicant. The outsource inspectors shall be approved prior to permit issuance by the department.

941.6.3.8 Construction Time/Length of Permit

A typical entrance permit is written for a maximum of 90 calendar days. If the applicant provides proof that the work involved will require longer than 90 days, then a permit may be written for a longer timeframe, if district traffic staff chooses. Normally, permit construction is not to extend beyond one year from date of issuance.

Extensions should be considered only if weather conditions have hindered construction or if work has progressed or is progressing in a timely manner, and the standard 90 days is simply not enough time to complete the work. Availability of materials may also cause understandable delays. During winter months an extension of 180 days may be necessary. Otherwise, a 30-day extension is adequate. After two extensions, the applicant may be required to submit a written request for an extension with an explanation for the delays and a projected time of completion. Contact with the contractor or applicant is made prior to granting any extensions.

A permit is not issued until construction is ready to begin. When work has failed to begin by the expiration date of the permit, and contact or cooperation with the applicant is not possible, the permit is canceled. Re-issuance of the permit at a later date may require an increase in the amount of deposit.

Applicants with expired permits in excess of 6 months are not normally issued additional permits until work on expired permits has been completed.

A letter of intent to issue a permit may be considered, when it is necessary for the applicant to receive funding.

941.6.3.9 Default of Permit Requirements

If district staff has determined that the applicant is not completing the permit work, as described in the permit, written notification should be sent to the applicant when it is evident completion is not probable. The letter may include the following:

• Description of the required work necessary to complete the terms of the permit
• If applicable, recognition of any previous excusable delays
• The length of time the permit was written for
• Request of an explanation as to why work has not progressed in a timely manner
• Request of an anticipated completion date
• Other pertinent information discussed during previous field contacts regarding the permit work and the completion date.

If the applicant is non-responsive or there is a lack of progress made on the incomplete work 30 days after the initial notice, the District Engineer shall be made aware of the details and provided with a recommended action. A recommendation to restore the right of way to its original condition may be necessary. If the District Engineer determines that the right of way shall be restored to its original condition:

• A second letter shall be sent to the applicant notifying them the right of way shall be restored to its original condition or configuration within 30 days from the date of the letter. The letter shall be sent via registered mail, and a signed receipt is requested.

• Department staff must maintain all correspondence, including mail receipts, with the permit.

• A complete copy of all correspondence pertinent to the permit must also be forwarded to both the Highway Safety and Traffic Division and Financial Services.

• Prior to the removal date, necessary staff is scheduled to remove the driveway. Consideration should be given to the presence of a law enforcement officer, as well as providing personnel from outside the immediate community for the removal work.

• The applicant shall be contacted by telephone at least 2 times and advised when the restoration will take place.

• Backfill materials removed from a driveway may be delivered to the nearest maintenance building or graded into the existing right of way. The drainage pipe is placed at the right of way line.

• A record of expenses incurred by the department for labor and equipment shall be kept. An itemized copy of those expenses is forwarded to Financial Services and the Highway Safety and Traffic Division. Districts should refer to Financial Policy and Procedures Manual, about reimbursing district budgets for equipment and expenditures paid from district funds. Reimbursed costs will be limited to the deposit and amounts collected.

If completion of the permit work is desired, prior approval from the District Engineer must be obtained. Completion shall be considered only in cases where the completion of the permit work would be more beneficial to the department than removal and restoration of the right of way. Completion may be through an outside contractor or by state forces using the deposit to pay expenses in the same manner as described for removal.  

941.7 Sight Distance for Entrances

There are two basic concerns of responsibility when considering the sight distance requirements for any entrance. The first concern is providing maximum safety for the motoring public. The second concern is providing for access to the adjacent property owners.

Preparation for issuing a permit must include a prior inspection of the site to ensure vehicles can enter and exit from the proposed entrance with a minimum hazard and disruption of traffic on the roadway. Sight distance is essential in the design of residential, commercial and public entrances.

The following criteria is based on AASHTO - A Policy on Geometric Design of Highways and Streets (AASHTO Green Book) and was developed to establish a uniform method to determine the necessary sight distance for an entrance constructed by permit.

941.7.1 Measuring Sight Distance at a Proposed Entrance Location

In order to determine whether a permit shall be written for an entrance request, there are two basic types of sight distance that need to be measured in the field: Intersection Sight Distance for the proposed entrance and Stopping Sight Distance along the roadway at the entrance location.

Both vertical and horizontal alignment of the roadway can limit sight distance. The sole factor that influences sight distance on a straight roadway is the vertical curvature of the road. On a roadway with horizontal curves, sight obstructions may be due to the curve or to physical features outside of the roadway. When measuring sight distances in the field, it is important that the line of sight must stay within the limits of the right of way. Consideration may also be given to vegetation both on the right of way and adjacent to the right of way, as it may impede vision more at one time of the year than another.

Requests for public street entrances shall meet or exceed both Intersection Sight Distance and Stopping Sight Distance.

941.7.1.1 Intersection Sight Distance

Intersection Sight Distance refers to the principle that the drivers of a vehicle approaching or departing from an intersection should have an unobstructed view of the intersection, including any traffic control devices, and sufficient lengths along the intersecting highway to permit the drivers to anticipate and avoid potential collisions. These unobstructed views form triangular areas known as sight triangles.

The appropriate method to measure Intersection Sight Distance when evaluating an entrance uses a height of 3.5 ft. to represent the object on the mainline and a height of 3.5 ft. to represent the eye height of the driver waiting at the proposed entrance. The following steps should be completed in both directions.

• Place a sighting target 3.5 ft. above the pavement at a point 12 ft. from the edge of travelway at the proposed entrance location. This location is approximately where the driver’s eye is located while waiting to enter the roadway.

• Sighting from a height of 3.5 ft. on the mainline, move along the roadway away from the proposed entrance site to a point beyond where the target disappears. Now move toward the target until it can first be seen and place a mark on the pavement.

• Measure the distance along the roadway between the mark and the target. Measurement may be made with an accurate measuring device mounted on an automobile.

• Review the values in the Intersection Sight Distance Table.

941.7.1.2 Stopping Sight Distance

The Stopping Sight Distance at the proposed entrance location should be measured in order to determine if there is sufficient sight distance to enable a vehicle travelling at or near the posted speed limit to stop before reaching an object in its path (i.e. a vehicle turning into or out of the entrance).

The appropriate method to measure Stopping Sight Distance when evaluating an entrance uses a height of 3.5 ft to represent the driver’s eye on the mainline and a height of 2 ft to represent an object in the roadway (i.e. average height of taillights) at the proposed entrance. The following steps should be completed in both directions.

• Place a sighting target 2 ft. in height at the edge of travelway. This location represents the potential obstacle a vehicle travelling on the mainline may encounter at an entrance location.

• Sighting from a height of 3.5 ft. on the mainline, move along the roadway away from the proposed entrance site to a point beyond where the target disappears. Now move toward the target until it can first be seen and place a mark on the pavement.

• Measure the distance along the roadway between the mark and the target. Measurement may be made with an accurate measuring device mounted on an automobile.

• Review the values in the Stopping Sight Distance Table. If the proposed entrance is located on a roadway that has upgrades or downgrades greater than 3%, review EPG 941.7.3 Effect of Grades on Stopping Sight Distance.

941.7.2 Evaluating the Measurements

1. If the measured Intersection Sight Distance and the Stopping Sight Distance values meet or exceed the guidelines, then a permit may be written.

2. If a proposed entrance has inadequate Intersection Sight Distance, but meets minimum Stopping Sight Distance, then the District Engineer may approve the entrance location if ALL of the following conditions are met:

• The proposed entrance location has the maximum sight distance available for the property frontage.

• The applicant is advised of minor work on their property that could improve sight distance such as grading or brush removal.

• There is no other access available which has greater sight distance (i.e. county road, city street, or cross-access).

• The applicant agrees to sign the permit application with the following Applicant’s Responsibility Clause:

“The sight distance is the minimum distance necessary for a vehicle traveling at the posted speed to complete a stop prior to the entrance. Applicant understands the presence of this entrance creates a potential sight distance problem and has been so informed in writing by the Department. Applicant is aware the sight distance of this entrance is severely restricted.”

In this instance, it is imperative property owners be on-site to be certain they understand the conditions of this entrance construction.

3. If neither Intersection Sight Distance nor Stopping Sight Distance requirements are met, the permit shall not be issued for the entrance.

4. If Intersection Sight Distance is adequate, but the Stopping Sight Distance requirements are not met, the permit shall not be issued for the entrance.

If an appeal for the access is made, it shall be sent to Highway Safety and Traffic Division for additional review.

941.7.3 Effect of Grades on Stopping Sight Distance

The amount of grade near the proposed driveway has an effect on the minimum Stopping Sight Distance that is required in order to write a permit for an entrance. Downgrades increase the amount of SSD required, while less distance is necessary for SSD on upgrades. In order to determine the grade, it is recommended to review plan sheets and take some field measurements. The MoDOT representantive shall use good judgment when determining the location where the grade measurement should be taken. It is recommended to verify the roadway grade if the SSD measured is close to the minimum shown in the Stopping Sight Distance Table, particularly if there is a downgrade.

If Stopping Sight Distances for grades other than the ones listed below need to be determined, the Effect of Grade on SSD spreadsheet will assist in calculations.

941.7.4 Additional Information

• The district may perform speed studies to verify the speed of the vehicles travelling the roadway when evaluating a potential entrance. It is recommended to complete a speed study when the measured sight distances are near the minimum required values.

• Generally trucks, especially the larger and heavier units, need longer stopping distances for a given speed than passenger vehicles. However, separate stopping sight distances for trucks and passenger cars are not generally used because the higher position of the truck driver enables them to see substantially farther beyond vertical sight obstructions. Although, where horizontal sight restrictions occur on downgrades, particularly at the ends of long downgrades where truck speeds closely approach or exceed those of passenger cars, the greater eye height of the driver is of little value, therefore every effort should be made to provide greater stopping sight distances for this particular instance.

• Grading on the right of way to improve sight distance is to be considered and included in the permit for entrance construction.

• There are some cases where the horizontal alignment of the roadway prevents the minimum sight distance requirements to be met within the limits of right of way. To achieve the required sight distance, the sight line crosses onto the private property owner’s land. If this is the safest location on this property for an entrance, it is acceptable for the District to make the decision to allow the property owner to deed MHTC the land located between MHTC’s right of way line and the required sight line on the property (an easement is not sufficient). MoDOT’s maintenance forces will be ultimately responsible for ensuring the right of way remains clear to meet the recommended sight distances, so therefore, this decision should be discussed with the appropriate parties within the district.

• Posted speed at horizontal curves may be combined with engineering judgment and a speed study to determine required sight distance for entrances within the limits of a horizontal curve.

• The district may allow the widening of a driveway with limited sight distance or may allow the relocation of a driveway with limited sight distance to a location on the property frontage with better sight distance without Highway Safety and Traffic Division’s approval. This will be allowed on routes with normal right of way, provided there is no change in driveway usage. The following responsibility clause must be added to the permit:

“Applicant understands the existing sight distance for this driveway is less than current design standards and the driveway modification, while beneficial to the property owner, will not remedy the sight distance limitation.”

941.7.5 Appeals Process

If the guidance from EPG 941.7 Sight Distance for Entrances has been followed and the request for the permit was denied by the Permit staff and the District Engineer, there are two levels of administrative appeal provided within MoDOT. These levels of appeal are:

Step 1 – State Highway Safety and Traffic Engineer

Step 2 – Chief Safety and Operations Officer.

In each step of the appeals process, the burden of proof will be on the applicant to show:

• How the denial will result in a situation where there is not reasonable access to properties or businesses are affected.

• How the denial of an access permit or other feature will impose an undue financial hardship on the applicant.

• How the applicant’s proposal for access will result in conditions safe for the motoring public.

Other tests may also be imposed on appeal applications to ensure they are reasonable. Applicants may seek legal remedies after this appeals process is exhausted.

941.8 Traffic Impact Study Requirements

The policy of the Missouri Highways and Transportation Commission and MoDOT is to discourage the proliferation of access points and conflict points within the state highway system. For larger developments where the access point requested will meet the guidelines for spacing, a traffic study will be required. To ensure operations on our roadway are not negatively impacted by the additional access, the developer will provide the required roadway improvements.

The amount of traffic generated by a proposed development seeking new or modified access to the MoDOT system is the basis for determining the contents of a traffic impact study. The specific content of a traffic impact study will vary depending on the site and prevailing conditions. At a minimum, contents of a traffic impact study are to include the following major sections, taken from the current Institute of Transportation Engineers (ITE) publication entitled Transportation and Land Development:

1. A description of existing conditions.

2. Estimated trip volume generated by the development and design hour volume for effected driveway(s). These volumes will be based on a method determined acceptable by the district. When ITE trip generation numbers are not appropriate, traffic counts at existing similar locations or other recognized methods can be required.

3. Trip distribution and traffic assignment.

4. Existing versus projected volumes.

5. Capacity analysis for adjacent roadway facilities and for any proposed or existing driveways.

6. Traffic crash analysis for adjacent roadway facilities.

7. Proposed traffic improvements and driveway/access points.

8. Main findings of the study.

9. Summary of findings and recommendations.

For small developments generating fewer than 100 vehicles during the peak hour, or roughly 1000 additional vehicles per day, a traffic impact study is normally not required. However, a review of access location and design is necessary and is to include an analysis of existing conditions, evaluation of sight distance, access design, queuing and site circulation. For any development with access that would qualify as a Hazard Elimination Program location, a traffic study is required to ensure safety is improved along the roadway in conjunction with any access improvements.

For developments generating between 100-500 peak trips, a traffic impact study is required and is to include an analysis of existing conditions at nearby driveways and intersections, crash experience near the site, trip generation, and an evaluation of the number, location and spacing of access points as a minimum.

Developments generating between 500-1,000 peak trips are expected to impact greater distances from the site. In addition to the required information for smaller scale development discussed above, the traffic impact studies for these developments are to consider the future of the roadway, background traffic growth and an analysis of future conditions of nearby intersections or interchanges.

Large-scale development will generally impact the roadway system over a more regional area. A comprehensive analysis is warranted for large developments producing over 1,000 peak trips. Additional information such as mitigation identification and evaluation, gap analysis for unsignalized intersections, analysis of the effect on signal progression and proposed signal locations are included.

At the pre-application meeting, the study limits of the traffic impact study are to include any adjacent intersections that could be impacted. Other specific parameters are set for the traffic impact study, including cycle lengths and operating speeds. A freeway analysis is included with any developments impacting existing or proposed interchanges. Consideration is given to what modeling software can be used for the analysis. The selected modeling software is to be capable of analyzing the systems effects of all impacted intersections and interchanges within the chosen study limits.

A summary of findings and recommendations is part of any traffic study. Developers are responsible for mitigating any unacceptable impacts to the roadway system by the construction of any needed roadway improvements, as indicated by the approved traffic impact study.

Traffic studies may be required by local government organizations. In such situations, MoDOT is to coordinate with the local government and the applicant to ensure one study can meet the needs of all entities.

941.9 Additional Information for Design, Construction and Maintenance of Entrances

941.9.1 Joint Use Driveways

Joint usage of driveways is considered in locations with driveway density/spacing problems. Joint usage is also considered as a remedy for restricted sight distance locations. Both property owners must provide overlapping access easements to one another so both property owners have a right to use the entire driveway. A Joint Use Driveway Agreement (TR13) will be provided for the property owner's use.

This agreement must be recorded, in the office of the county recorder, to ensure subsequent property owners are bound by the same agreement. In these situations, a copy of the recorded agreement is filed with the permit as justification why the joint driveway was permitted. Both property owners must sign the driveway permit.

If there is a request from one property owner to alter the surface of a joint use driveway, the entire driveway surface must be changed in order to maintain a continuous driveway surface. It is up to the applicant to secure any agreements of construction responsibilities with the adjacent property owner.

Typically, joint use driveways will be accessible to two adjacent properties. If additional properties are considered to be used with this driveway, it may change the characteristics and requirements of the driveway to that of a local street. This determination can be made by district Traffic staff.

941.9.2 Cross Access Driveways

In some instances, it may not be possible to have a joint use driveway for two properties. This could be due possibly to driveway spacing requirements, sight distance requirements, or geometric constraints of the properties. If this issue arises, MoDOT will require the access be placed on one property and deeded cross access granted to the adjacent property owner. The location of the access shall be in the best location for driveway spacing, sight distance and geometric conditions for both properties, and with ease of access to the adjacent property. If one property already has an access point that meets driveway spacing requirements, sight distance requirements, or geometric constraints then this access should be considered for use of the access and cross access granted to the adjacent property. This deed must be recorded, in the office of the county recorder, to ensure subsequent property owners are bound to the cross access. In these situations, when possible, it may require the local county or city government get involved to help with the process as the cross access will not be within MoDOT right of way.

941.9.3 Surface Drainage

Drainage design is kept simple and is to provide adequate drainage. Crown driveways are always utilized if the opportunity exists. Many applicants are not aware of the simplicity and savings of crown driveway construction. If there is a crown location near the applicants desired driveway location, the advantages of the crown driveway are offered to the applicant. Consideration is also given to adjusting a ditch grade to facilitate a crown driveway providing the modification is feasible.

It is acceptable to modify a ditch block or levee for driveway usage provided final grades are suitable for both the driveway and the levee and approval of the levee district is obtained.

Surface water is to enter the right of way at points other than via driveway surfaces. Side ditches along both sides of a driveway are common. These ditches may vary in depth as necessary to carry the volume of water. The back slope is graded adequately (no steeper than 1V:3H) to promote mowing ease. Weep holes in parallel curbing, paved ditches or storm sewers may also be used.

Large developments often create considerable runoff, which may affect the roadway drainage system. Safety must be the first concern. Allowing water on the roadway may jeopardize that safety. These types of drainage problems are resolved prior to issuing any permits for access.

Plans for proposed developments are to reflect original as well as finished grades. The amount of runoff is reviewed to ensure no more than the original area is discharged onto the right of way. If volumes indicate the existing system may be overloaded, the developer is to revise the plans to decrease or slow the runoff.

Pipes and ditches within the development's frontage may be sized for storage if downstream pipes cannot facilitate the increased runoff. Storm sewer or driveway pipes longer than 100 ft. and 24 in. or less in diameter will require a drop inlet or other suitable box for clean out and/or maintenance purposes. Drop inlets are sized as necessary to facilitate drainage and maintenance operations. Grading by the developer, either on the right of way or the improved property, to increase storage may be necessary. A preferred solution to increased speeds of runoff may be to construct storage or retention areas on private property and thereby reduce the speed of runoff through gauged outlets into the roadway system. Storage areas within swags in parking lot surfaces or within the limits of landscaped areas are usually best received by applicants.

941.9.4 Pipe Extensions for Widening Existing Type I, II, III, IV, or V Driveways

Property owners desiring to widen an existing driveway wider than the appropriate width shown in the access management guidelines may do so by adding the desired length of similar pipe to the existing driveway. This length includes enough pipe to construct the minimum side slope on the side of the driveway being extended. If the property owner desires to widen both sides of the driveway, then both side slopes are reconstructed. Corrugated pipe must be connected by a connecting band. The existing pipe is inspected prior to extending to determine if it is in acceptable condition.

If the existing pipe is not acceptable for extension, the department will replace the existing pipe length plus one side slope. The property owner is to then widen the driveway to the width desired plus one side slope. Other arrangements may be considered on an individual basis.

941.9.5 Sidewalks

Existing sidewalks within the limits of a new driveway must be removed to provide minimum thickness for concrete construction. Refer to EPG 642.8 Sidewalk Design Criteria for more information on sidewalks.

941.9.6 Driveway Lighting

Driveway lighting such as flood lights or delineator type lights shall not be allowed on the right of way since they hamper routine maintenance of the right of way, block the utility corridor, and may be abandoned, leaving an obstruction to others working in the area.

941.9.7 Barrier Materials

Barrier material or curbing is normally required between the commercially developed property and the right of way.

Barrier material on the right of way shall consist of Type S barrier curb, curb and gutter section or asphalt curb on asphalt surface. This barrier material must be used along both sides of Type III and Type IV driveways and may be used on Type V driveways. This same type of curbing is preferred along the right of way line throughout the areas of adjacent improvement. Concrete or asphalt curbing is normally placed within the outside 6 in. (150 mm) of right of way. In this manner, the curbing becomes a part of commission property and therefore cannot be removed without a permit.

Barrier material off the right of way may consist of continuous wooden fences, guard cable, guardrail, retaining walls and decorative walls. These devices may be used on an individual basis but must be a permanent structure. The Commission will not maintain these features.

941.9.8 Material Specifications

941.9.8.1 Aggregate for Granual Surfacing and Base

Aggregate for granular surfacing and bases shall be of good quality and be graded in accordance with MoDOT requirements. The aggregate may be accepted on the basis of visual inspection by MoDOT’s representative or on the basis of certification by the supplier stating the material complies with MoDOT requirements. MoDOT's representative reserves the right to require any testing deemed necessary to ensure compliance with these requirements.

941.9.8.2 Bituminous Mixtures for Base and Surface Courses

Bituminous mixtures for base and surface courses may be a commercial mixture from a plant that has furnished such material for MoDOT work, and which material has performed satisfactorily. MoDOT’s representative may accept the mixture on the basis of visual inspection, or on the basis of certification by the supplier stating the mixture has been used satisfactorily on MoDOT work. MoDOT's representative reserves the right to require any testing deemed necessary to ensure compliance with these requirements.

941.9.8.3 Portland Cement Concrete

Portland cement concrete may be a commercial mixture containing no fewer than 564 pounds per cubic yard (305 kg. per cubic meter) Type I cement. The aggregate shall be graded in accordance with MoDOT requirements and specifically Sec 1005 Gradation D for coarse aggregate and Sec 1005.3 for sand. Portland cement concrete may be accepted on the basis of visual inspection by the department's representative, or on the basis of certification by the supplier stating the components of the mixture complies with MoDOT requirements and including or having attached the mix proportions. MoDOT's representative reserves the right to require any testing deemed necessary to ensure compliance with these requirements.

941.9.8.4 Culvert Pipe

Corrugated metallic-coated steel culvert pipe shall be a commercially available new pipe so long as the pipe is fabricated by riveting, continuous welding, resistance spot welding or lock seam, and so long as the metal carries a brand designating a 2-ounce (600 g/m²) zinc coating or 1 ounce (300 g/m²) aluminum coating and the name of the sheet manufacturer. The metal thickness shall not be less than 16 gage (0.064 in., 1.63 mm). MoDOT’s representative may accept corrugated steel culvert pipe on the basis of visual inspection, or on the basis of a certification by the supplier stating the pipe complies with MoDOT requirements. MoDOT's representative reserves the right to require any testing deemed necessary to ensure compliance with these requirements. Reinforced concrete culvert pipe shall be a commercially available new pipe from a source that has furnished pipe for MoDOT work. MoDOT’s representative may accept the pipe on the basis of visual inspection, or on the basis of a certification by the supplier stating the pipe conforms to MoDOT requirements. MoDOT's representative reserves the right to require any testing deemed necessary to ensure compliance with these requirements.

Corrugated polyethylene culvert pipe shall be a commercially available new pipe which is marked with the manufacturer's name or trademark, nominal size, AASHTO M 294, plant designation code, the date of manufacture or an appropriate code, and meets all requirements specified in the latest edition of the MoDOT standard specifications. MoDOT’s representative may accept corrugated polyethylene culvert pipe on the basis of visual inspection, or on the basis of a certification by the supplier stating the pipe complies with all requirements of AASHTO M 294. MoDOT's representative reserves the right to require any testing deemed necessary to ensure compliance with these requirements. Polyethylene culvert pipe is not to be used under side roads, streets or crossroad installations.

941.9.8.5 Guardrail

Guardrail, appurtenances, and installation shall comply with MoDOT specifications. Acceptance will be based on MoDOT's procedures.

941.9.8.6 Chain Link Fence

Chain link fence, appurtenances and installation shall comply with MoDOT specifications. Acceptance will be based on MoDOT's procedures.

941.9.8.7 Reinforcing Steel

Reinforcing steel, appurtenances and installation shall comply with MoDOT specifications. Acceptance will be based on MoDOT’s procedures.

941.9.8.8 Welded Steel Wire Fabric

Welded steel wire fabric, appurtenances and installation shall comply with MoDOT specifications. Acceptance will be based on MoDOT’s procedures.

941.9.8.9 Grates and Bearing Plates

Grates and bearing plates shall comply with MoDOT specifications and shall be of a design approved by MoDOT's representative. Acceptance will be based on MoDOT procedures.

941.9.8.10 Guidelines for Review of Requests for Overweight Crossings of State Highways

All requests for overweight crossings, after a thorough review in the district for compliance with these guidelines, shall be submitted to Traffic with the district's recommendation.

All at-grade crossings approved will require improvement of the roadway and shoulders to an extent sufficient to withstand the increased weights and usage.

When guards are required, they shall be positioned in a manner to provide adequate sight distance as determined by route type and prevailing speed.

If required, signals shall be installed by applicant and positioned to face haul road traffic. These signals shall consist of a red lens and shall be remotely controlled by the guard. The signal shall display a flashing red indication until such time as a haul truck approaches and there is sufficient gap upon the highway to ensure safe crossing at which time it shall be extinguished. The signal heads shall be located in such a manner they are not visible from the highway. Standard yield signs shall be installed facing the haul road.

If guards are not required, standard stop signs shall be installed facing haul road traffic. Haul trucks will stop prior to every crossing and wait for an adequate gap before proceeding.

At the applicant's option, they may provide a guard and signal instead of stop sign requirements as above.

If the crossing is used during hours of darkness, the applicant shall provide basic lighting.

Warning lights or signs other than provided for by a standard Contract for Signs at Truck Crossing (TR12) will not be permitted facing highway traffic.

The applicant shall provide liability insurance protecting persons and property using the highway. Such insurance is to provide liability for property damage for any one accident in a minimum amount of $2,000,000 and for injury to persons of at least $2,000,000 for any one accident.

If a grade separation is proposed (underpass or overpass), detailed plans prepared by a Missouri-registered Professional Engineer shall be submitted for review.

An agreement will be required for all overweight crossings. To facilitate the review of requests for these crossings, the following information is provided to Traffic:

1. Name of applicant to be used in agreement.

2. AADT and prevailing speeds at the proposed crossing.

3. Exact location by station number and distance from nearest intersection.

4. Location by range, township, and section.

5. Sketch of location.

6. Available sight distance in both directions along highway.

7. Make, model, gross weight (loaded) and axle spacing of equipment used for hauling.

8. Number of loaded and empty crossings per hour.

9. Sketch and description of proposed roadway construction including details of bypass detour if necessary.

10. Hours of operation.

941.9.9 Maintenance of Residential, Commercial, and Public Road Entrances

The maintenance of entrances will be handled on a routine basis and is not a priority over any other roadway maintenance operation. Property owners must apply for a permit prior to the property owner upgrading or improving the surface type.

941.9.9.1 Residential Entrances

MoDOT shall maintain residential entrances with an aggregate surface from the edge of the travelway to the right of way line (property line). Any other surface type shall be maintained by MoDOT from the edge of the travelway to the outside edge of the shoulder of normal shoulder width not exceeding 10 ft. unless prior or subsequent agreements state otherwise; the driveway outside of the shoulder width should be maintained by the landowner. This applies whether the entrance was constructed by MoDOT or by the property owner under a permit.

941.9.9.2 Commercial Entrances

MoDOT will maintain commercial entrances from the edge of the travelway to the outside edge of the shoulder or normal shoulder width not exceeding 10 ft. unless prior or subsequent agreements state otherwise. This applies whether the entrance was constructed by MoDOT or by the property owner under a permit regardless of pavement type. The remainder of the driveway outside of the shoulder width shall be maintained by the commercial business.

941.9.9.3 Public Entrances

Public roads are to be maintained to the right of way line unless prior or subsequent agreements state otherwise.

941.9.9.4 Drainage Structures

All entrance drainage and drainage structures within the limits of the right of way will be maintained by MoDOT forces even when constructed by permit. When the maintenance of drainage structures causes removal of or damage to the entrance surface, the surface will be replaced in kind and thickness by MoDOT’s forces. MoDOT forces will replace an existing drainage pipe that fails. It is not intended to require upgrading the entrance to new standards or specify the type of replacement pipe to be used. Other items, such as curbed islands, gutters, culverts, culvert pipes, posts, etc., shall be maintained by MoDOT if they were constructed by MoDOT. Maintenance of curbed islands, landscaping and other special features constructed under permit by the property owner will be maintained by the property owner unless prior or subsequent agreements state otherwise.

Where residential, commercial, and public entrances intersect MoDOT-owned and -maintained roadways, vegetation management shall be according to EPG 800 Roadside Development articles.

941.10 Automated License Plate Readers and Pan-Tilt-Zoom Cameras

Automated License Plate Readers (LPRs) and Pan-Tilt-Zoom cameras (PTZs) are an increasingly popular way for law enforcement to better locate vehicles associated with criminal activity. These high-tech devices allow law enforcement agencies to compare plate numbers against those of stolen vehicles and vehicles driven by individuals with expired licenses, an active warrant, or involved with terrorist activities.

The deployment of these devices on Commission right of way shall not create a safety risk for the traveling public or interfere with MoDOT’s ability to maintain and operate the transportation system. All costs associated with the installation and maintenance of the LPRs and PTZs will be the responsibility of the applicant. The following guidance applies to any LPR or PTZ installed on Commission right of way.

941.10.1 Approval Process

The general process for LPR and PTZ requests are outlined in the LPR Flowchart. Law enforcement agencies must request approval, in writing, for deploying LPRs and PTZs from the Director of the Department of Public Safety. Requests are to be on the law enforcement agency letterhead and emailed to the Department of Public Safety at dpsinfo@dps.mo.gov.

The Department of Public Safety (DPS) provides approval for the use of LPR and PTZ devices. MoDOT only facilitates the administration of work by others on Commission right of way. MoDOT’s permitting process will be followed for the constructability and maintenance of the devices to ensure the safety of the traveling public. If an issue is identified through our normal permitting process and cannot be resolved, a permit for this work will not be issued.

It is the requesting law enforcement agency’s responsibility to contact MoDOT’s local permit specialist to initiate the permitting process, after approval from DPS has been received. Contact information for MoDOT’s local permit specialists can be found using the District Permit Maps.

The local district representative will work with the applicant through the permitting process. The permit request submittal must include:

• An aerial image, or map, depicting all the individual LPR locations included in the submittal.
• An aerial image for each LPR location included in the submittal clearly showing where the proposed installation with respect to the roadway and other structures on the right of way.
• A set of drawings, or plans, showing the hardware and their installation details proposed on the right of way, which must be signed and sealed by a Missouri Professional Engineer (P.E.).

• This applies to stand alone installations as well as installations on approved existing structures on right of way, such as signal and sign truss uprights.

• Executing a Roles and Responsibilities document to specifically address the expectations of maintaining the devices being installed.
• A plan to provide electricity to the equipment as well as retrieving data from the equipment.
• A traffic control plan for any proposed work on the right of way to notify and guide motorists safely through the activity area.
• A surety deposit or performance bond to insure satisfactory work, accepted by MoDOT.

A separate permit may be provided for the applicant, or their consultant, to access the right of way to collect information needed to develop a set of plans for installing the devices.

941.10.2 Location

When receiving a request, the district will work with the law enforcement agency to determine if there are acceptable locations for the proposed installations off MoDOT right of way. If there are no appropriate locations off of right of way, the district will work with the agency to determine if the LPRs and PTZs requested can be deployed on Commission right of way.

LPR and PTZ installations on Commission right of way shall only monitor traffic on MoDOT roadways and shall not be used to monitor off system roadways, such as county, city, or private facilities.

941.10.2.1 LPR and PTZ Non-Permanent Installations - Speed Enforcement Trailers

The only form of non-permanent structure that LPR and PTZ devices may be deployed on, when placed on Commission right of way, are speed trailers. However, speed trailers shall only be deployed for the primary purpose of speed enforcement and not for the primary purpose of deploying LPR and PTZ devices. When speed trailers are deployed, the electronic speed message must be active and the unit deployed and delineated in accordance with EPG 907.8 Speed Trailers Deployed by Others.

941.10.2.2 LPR and PTZ Permanent Installations

To assure LPR and PTZ devices do not represent an added risk to the traveling public, there are defined installation locations which are acceptable on Commission right of way. Acceptable installation locations include:

• Only deployed on the right side of the roadway outside of the shoulder.

• On MoDOT traffic signal upright poles, except in instances where deployment will interfere with other devices already attached to the pole.
• On MoDOT overhead sign truss upright poles.
• On independent signal pedestal base poles (installed and maintained by requesting agency or their LPR vendor).
• On any non-breakaway structure owned by a third party, with the written permission of the third party.

Locations where LPR and PTZ devices shall not be installed include, but are not limited to:

• Any installation in the median / left side of a divided highway.
• Any overhead location.
• On any existing structure on right of way which has a breakaway design, whether it is owned by the Commission or a third party.
• Any bridge structure.
• Any location that already has a device installed.
• Any location that may interfere with MoDOT's ability to manage the transportation system.

MoDOT does not allow the deployment of LPR and PTZ devices overhead or in the median as these locations would result in increased impact on the safety and mobility of the traveling public when performing installation and maintenance activities. LPR and PTZ devices are not permitted on any existing structure which is designed as a breakaway device on Commission right of way, regardless of ownership, as the addition of these devices could negatively impact the performance and safety of the breakaway structure.

There are three methods identified for deploying LPR and PTZ devices on Commission right of way, all of which must be approved by MoDOT and installed under a MoDOT permit:

• LPRs and PTZs installed on MoDOT structures.
• LPRs and PTZs installed on new stand-alone structures - installed and maintained by the requesting agency or their vendor in accordance with the LPR Independent Installation Typical Application.
• LPRs and PTZs installed on non-MoDOT structures - with the written permission of the structure owner.

941.10.2.2.1 LPRs and PTZs Installed on MoDOT Structures

LPRs and PTZs can be attached to MoDOT’s existing traffic signal upright poles and existing sign truss upright poles upon review and approval by MoDOT.

Green Box Indicates Acceptable Mounting Location on a
Traffic Signal, Red Boxes are Unacceptable Mounting Locations

Green Box Indicates Acceptable Mounting Location on an Overhead Sign Truss,
Red Boxes are Unacceptable Mounting Locations

941.10.2.2.2 LPRs and PTZs Installed on non-MoDOT Structures

There are some structures that have been permitted on Commission right of way which are owned by other entities, such as structures for weigh station bypass equipment or utility poles. Law enforcement agencies have the option to acquire approval from the owners of the structures to utilize them as supports for their LPR and PTZ devices if they meet the following criteria:

• The structure must be reviewed and approved by MoDOT for use.
• Written permission from the owner of the structure must be acquired and supplied to MoDOT.
• Any structure which is of a breakaway design, such as roadway lighting poles or highway signs, are not acceptable support structures.
• Installation location criteria listed in EPG 941.10.2.2 also apply to these structures.

941.10.2.2.3 LPRs and PTZs Installed on New Stand-Alone Structures

To limit the number of structures on Commission right of way, opportunities to locate the LPRs and PTZs off of right of way is the preferred option, followed by an installation location on an existing structure already on right of way. If it is determined a new stand-alone structure is required to facilitate the LPR and PTZ deployment, the following guidance shall be followed:

• The district shall work with the local agency to find a location which meets the requirements outlined on the MoDOT License Plate Reader Independent Installation Typical Application.
• Stand-Alone LPR and PTZ structures shall be properly spaced away from other traffic control devices, which can include but are not limited to highway signs, traffic signal, roadway lighting poles, etc.:

• No closer than 200 feet upstream of a traffic control device.
• No closer than 50 feet downstream of a traffic control device.

• Installation and maintenance access should be via adjacent private property or secondary roadways for divided highway, unless physically impossible.

941.10.3 Additional Deployment Criteria

A Roles and Responsibilities document shall be executed by the applicant, acknowledging they understand their duties for the installation, maintenance, and any other activity associated with the devices. This document will remain active as long as the LPR and PTZ system is in place, even after the permit for the installation has been released. This document will serve as a record of the terms.

In addition to our typical permitting criteria, there are some supplementary requirements for a proposal to be eligible for consideration.

• Power/Electricity – The applicant shall identify the method used to power the device. Power should be provided by an independent power source separate from any MoDOT power source.
• Network Connectivity – The applicant shall identify the method used to retrieve the data from these devices. MoDOT’s data network should not be used to transmit LPR and PTZ data. Wiring or other electrical connections to MoDOT services, devices, or other installations should not be allowed.
• Maintenance – All LPR and PTZ devices as well as any new associated structures will be maintained by and at the expense of the applicant to assure that these structures will be kept in accordance with Commission standards and in good condition as to its safety, use and appearance. Maintenance activities will not cause an unreasonable interference with the use of or access to the Commission's state highway system. A new permit shall be required to perform future maintenance activities associated with the LPR and PTZ system.
• Relocation/Removal – In the event the Commission deems it necessary to request the relocation or removal of these devices and their accompanying structures, the relocation or removal shall be accomplished by the applicant, in a manner prescribed by the Commission, with all costs and expenses associated with this task paid by the applicant. Should the applicant fail to remove the device in a timely matter, the Commission reserves the right to remove the devices from the right of way.