2 DE Admin. Code 2401. Utilities Manual Regulations

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Delaware Administrative Code › Title 2 Transportation › 2000 Department of Transportation › 2400 Division of Transportation Solutions › 2 DE Admin. Code 2401

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

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AASHTO's "A Policy on Geometric Design of Highways and Streets", 7th Edition (2018), commonly referred to as "the Green Book"

AASHTO's "Roadside Design Guide", 4th Edition (2011)

AASHTO's "Manual for Assessing Safety Hardware (MASH)", 1st Edition

American Concrete Pipe Association's (ACPA) "Concrete Pipe and Box Culvert Installation Manual", (2007)

ACPA's "Concrete Pipe Design Manual", (2009)

TRB's "NCHRP (National Cooperative Highway Research Program) Report 350-Recommended Procedures for the Safety Performance Evaluation of Highway Features", (1993)

National Electric Safety Code (NESC)

U.S. Department of Transportation Federal Highway Administration's Program Guide Utility Relocation and Accommodation on Federal Aid Highway Projects

ANSI A300 "Tree Shrub and other Woody Plant Management - Standard Practices (Pruning)"

DelDOT's "Pedestrian Accessibility Standards for Facilities in the Public Right-of-way" (PAS)

DelDOT's "Road Design Manual" (RDM)

DelDOT's "Standard Construction Details"

DelDOT's "Standard Specifications for Road and Bridge Construction"

DelDOT's "Bridge Design Manual"

DelDOT's "Traffic Design Manual"

DelDOT's "Traffic Calming Manual"

DelDOT's "CADD Standards Manual"

DelDOT's "Design Guidance Memorandum"

Delaware version of the "Federal Manual on Uniform Traffic Control Devices" (DE MUTCD), 2 DE Admin. Code 2402.

Delaware's "Development Coordination Regulations", 2 DE Admin. Code 2309.

U.S. DOJ Americans with Disabilities Act (ADA) "Standards for Accessible Design" (2010 - Federal Register Vol. 75, No. 178 as amended or current version).

For Maintenance and New Service Installation Work, the applicable standards shall be the versions in effect at the time of permit authorization by the District Public Works; and

For Project Design and Facility Relocation Work, the applicable standards shall be the versions in effect at the Notice to Proceed issued by the Utilities Engineer or designee.

Water quality permits, DNREC Water Quality Certification;

DNREC subaqueous Lands/Wetlands permits

he applicable standards shall be the versions in effect at the time of permit authorization by the District Public Works; and

For Project Design and Facility Relocation Work, the applicable standards shall be the versions in effect at the Notice to Proceed issued by the Utilities Engineer or designee.

Water quality permits, DNREC Water Quality Certification;

DNREC subaqueous Lands/Wetlands permits.

DNREC Coastal Zone Consistency Certification.

DNREC Dam Safety permit.

DNREC Coastal Construction Permit or Letter of Approval.

Floodplain permit.

U.S. Coast Guard permit.

U.S. Army Corps permits (404, 408, etc.).

Sediment and Stormwater permit.

Railroad crossing permits.

All Municipal required permits; or

DelDOT Entrance Permits.

The Capital Transportation Program (CTP)

Wilmington Area Planning Council (WILMAPCO)

The Statewide Long-Range Transportation Plan

Dover/Kent County Metropolitan Planning Organization (MPO)

Salisbury/Wicomico Metropolitan Planning Organization (MPO)

DelDOT Planning and Development Coordination Application

DNREC Dam Safety Engineer - if near a dam; and

DelDOT Representatives (Utility Engineer, District Public Works Office, Project Development Personnel, Bridge Personnel, Traffic Safety, etc.).

1.0 Introduction

1.1 Purpose and Objectives

1.1.1 The mission of the State of Delaware's Department of Transportation (DelDOT) is excellence in transportation every trip, every mode, every dollar, and everyone. DelDOT supports that mission by developing, constructing, and maintaining the State's infrastructure in a manner that results in a safe, cost-effective, and efficient multi-modal transportation network that enhances mobility, commerce, and livability. Proficient management and utility installation design in close coordination with utility owners are essential to construct and maintain the transportation network safely and effectively

oping, constructing, and maintaining the State's infrastructure in a manner that results in a safe, cost-effective, and efficient multi-modal transportation network that enhances mobility, commerce, and livability. Proficient management and utility installation design in close coordination with utility owners are essential to construct and maintain the transportation network safely and effectively.

1.1.2 The purpose of this regulation is to prescribe policies and procedures for adjusting, relocating, and accommodating utility facilities and private lines within the DelDOT-maintained portions of public right-of-way, including any utility work related to DelDOT Highway Construction Projects within DelDOT-maintained portions of public rights-of-way. These regulations establish guidelines that affect the relationship between DelDOT and any entities seeking to place utility facilities within DelDOT-maintained portions of public rights-of-way.

1.1.3 This regulation has been prepared to accomplish the following objectives:

1.1.3.1 Provide standard arrangements to install permitted utilities along DelDOT-maintained portions of public rights-of-way and relocate or maintain utilities due to DelDOT Highway Construction Projects.

1.1.3.2 Minimize utility work delays and interference for DelDOT Highway Construction Projects, highway contractors, or other utilities.

1.1.3.3 Prevent service disruptions, utility facility damage, and hazardous conditions.

1.1.3.4 Ensure standards, specifications, and environmental considerations are met.

1.1.3.5 Ensure proper performance and high-quality utility work, along with accurate and timely reimbursement to utility companies when appropriate.

1.1.3.6 Outline procedures and conditions for federal reimbursement when utility work is part of a federal-aid project.

1.1.3.7 Outline procedures and conditions necessary for State reimbursement of utility work when circumstances, agreements, and Delaware Code govern

oper performance and high-quality utility work, along with accurate and timely reimbursement to utility companies when appropriate.

1.1.3.6 Outline procedures and conditions for federal reimbursement when utility work is part of a federal-aid project.

1.1.3.7 Outline procedures and conditions necessary for State reimbursement of utility work when circumstances, agreements, and Delaware Code govern.

1.1.4 The information in this regulation applies to all public and private facilities, including electric power, telephone, communications, cable TV, lighting, water, natural gas, oil, petroleum, steam, chemicals, sewage, drainage, irrigation, and similar lines located within DelDOT-maintained portions of public right-of-way, including select roadside areas determined to be under DelDOT's maintenance responsibility or jurisdiction as designated by specific Town Agreement or other DelDOT authorized agreement. Underground, surface, and overhead facilities, whether singular or in combination, are also covered by this regulation.

1.2 Statutory Authority

1.2.1 The Delaware Code provides DelDOT with the authority and responsibility to regulate the use of all utilities within DelDOT-maintained portions of public rights-of-way.

1.2.2 DelDOT has the legal authority to control the use of DelDOT-maintained portions of public rights-of-way.

1.2.3 The "Delaware State Highway Department" was established into law on April 2, 1917. Chapter 166 of the 1935 Code amended the original act that created the Highway Department. The legislature enacted additional amendments, including Title 17 of the Delaware Code, on February 11,1953. These were approved by the governor on February 12, 1953, and included all prior amendments as well. This act provides State of Delaware authorization to participate in acquiring rights-of-way, placing new utilities, and adjusting existing utilities

act that created the Highway Department. The legislature enacted additional amendments, including Title 17 of the Delaware Code, on February 11,1953. These were approved by the governor on February 12, 1953, and included all prior amendments as well. This act provides State of Delaware authorization to participate in acquiring rights-of-way, placing new utilities, and adjusting existing utilities.

1.2.4 Title 26 of the Delaware Code (1953) provides State authorization to control new installations of pipes, conduits, and wires above or beneath DelDOT-maintained portions of public rights-of-way.

1.2.5 Title 17 of the Delaware Code §143(b) established by law on January 16, 1962, made the State responsible for the entire cost of altering or relocating utilities within DelDOT-maintained portions of public rights-of-way when the utility facilities are owned or operated by a municipality, government body, or political subdivision of the State when the altering or relocating of utilities is necessitated by highway construction, reconstruction, relocation, repair, or maintenance undertaken by DelDOT.

1.2.6 Title 17 of the Delaware Code §132(b) (1966) provides for the State to reimburse the owner for the expense of relocating public utility facilities for any project where the State is to be reimbursed at least 90% of the project cost from federal funds, by the federal government. The expense shall be the amount paid by the owner that is properly attributable to the relocation after deducting any increase in the new facilities' value and any salvage value derived from the old facilities.

1.2.7 Title 17 of the Delaware Code §143, amended on June 29, 2004, allows DelDOT to negotiate alteration or relocation agreements with public utilities to improve efficiency and fairness.

1.2.8 The State of Delaware's Court of Chancery's 1963 opinion in Delaware Power & Light Co. v. Terry , 194 A.2d 553 (Del. Ch

e in the new facilities' value and any salvage value derived from the old facilities.

1.2.7 Title 17 of the Delaware Code §143, amended on June 29, 2004, allows DelDOT to negotiate alteration or relocation agreements with public utilities to improve efficiency and fairness.

1.2.8 The State of Delaware's Court of Chancery's 1963 opinion in Delaware Power & Light Co. v. Terry , 194 A.2d 553 (Del. Ch. 1963) forms the basis on which the State reimburses utility owners for the expense of relocating public utility facilities on rights-of-way for which they hold title or have permission or easement for occupancy, as necessitated by any project. A copy of the Court of Chancery's 1963 Decision, 194 A.2d 553 is provided in Appendix F, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-F.pdf .

1.2.9 Adherence to DelDOT's policies, practices, and procedures, along with the requirements described in the regulation, shall be undertaken with full knowledge of and compliance with 26 Del.C. Ch.8 entitled Underground Utility Damage Prevention and Safety. DelDOT's commitment to protect public health and safety is essential and must always be maintained.

1.3 Construction and Location Requirements. DelDOT shall have the right to review and approve the detailed location and design of all utility installations, adjustments, temporary traffic control plans, or relocations affecting the DelDOT-maintained portions of public rights-of-way. DelDOT will issue applicable permits required for proposed utility work located within areas of public right-of-way determined to be under DelDOT's maintenance responsibility or jurisdiction. Section 5.0 of this regulation describes permitting requirements in further detail.

nder DelDOT's maintenance responsibility or jurisdiction. Section 5.0 of this regulation describes permitting requirements in further detail.

1.4 Exceptions to Requirements. The utility company shall submit any request for deviation from or exception to the standards described in this regulation to DelDOT. The request shall be in writing and must include full justification surrounding the hardship. The written justification and any other pertinent information shall be sent for coordination and comment to DelDOT's District Public Works Office for permit projects and the Utility Engineer for DelDOT highway projects. The process for requesting an exception is outlined in subsection 4.9 of this regulation.

1.5 Grandfathering. If utility projects are bid to contractors, under construction, or include undisturbed utility facilities which were installed and maintained in compliance with valid permits or agreements issued under a prior version of this regulation, those grandfathered facilities are not required to meet updated provisions found in the current DelDOT Utilities Regulation. However, all proposed changes, adjustments, or relocations of grandfathered utilities shall abide by the current version of this regulation any time utility work is performed within the DelDOT-maintained portions of public right-of-way.

1.6 Transmittal of Information. When the utility companies are required to submit plans or other documents under this regulation, they shall submit electronic files directly to DelDOT. When utilities submit plans or other documents electronically, their systems and GIS databases must be compatible with DelDOT's system for electronic file transfer.

1.7 Sea Level Rise

ble with DelDOT's system for electronic file transfer.

1.7 Sea Level Rise

1.7.1 In accordance with Exec. Order No. 41 (Sept. 12, 2013) (Gov. Markell), all State agencies must incorporate measures for adapting to increased flood heights and sea level rise in the siting and design of projects for construction of new structures and reconstruction of substantially damaged structures and infrastructure. These projects must be sited to avoid and minimize flood risks that would unnecessarily increase the risk of harm and decrease public safety.

1.7.2 Utility projects shall also incorporate measures to improve resiliency to flood heights, erosion, and sea level rise using natural systems or green infrastructure to improve resiliency wherever practical and effective. If the utilities are within an area mapped by the Department of Natural Resources and Environmental Control (DNREC) as vulnerable to sea level rise inundation, the projects should be designed and constructed to account for sea level changes anticipated during the lifespan of the facility in addition to Federal Emergency Management Agency (FEMA) flood levels. Utilities should consider and incorporate the sea level rise scenarios set forth by the DNREC Sea Level Rise Technical Committee into appropriate long-range plans for infrastructure, facilities, land management, land use, and capital spending.

2.0 Definitions

The following words and terms, when used in this regulation, have the following meaning:

" Adjustment " means the relocation, removal, replacement, retirement, etc., of existing utility facilities as necessitated by a construction project.

" American Association of Highway and Transportation Officials " or " AASHTO " is a non-profit, nonpartisan association representing highway and transportation departments in the 50 states, District of Columbia, and Puerto Rico.

" Americans with Disabilities Act " or " ADA " means The Americans with Disabilities Act of 1990, as amended

utility facilities as necessitated by a construction project.

" Americans with Disabilities Act " or " ADA " means The Americans with Disabilities Act of 1990, as amended.

" Attacher " means a utility owner with utility facilities attached to a pole or structure owned by another entity.

" Authorization " means permission by the applicable district engineer, public works engineer, construction region engineer, or utilities engineer for the utility to proceed with any phase of the project.

" Backfill " means material used to replace or the act of replacing material removed during construction and also may denote material placed or the act of placing material adjacent to structures.

" Bar chart " means a schedule showing the proposed start and end dates for various utility activities on a complex singular contract or project. DelDOT prepares the bar chart based on utility statements submitted by and in coordination with the utilities.

" Betterment " means any relocated facility upgrade made solely for the benefit and election of the utility and not attributable to DelDOT highway construction projects, as determined by the utilities engineer.

" Bridge " means a structure, including supports, erected over a depression or an obstruction, such as water, a highway or a railroad, for carrying traffic or other moving loads that has an opening exceeding 20 square feet. A listing of specific bridges that are regulated by DelDOT can be found online at https://deldot.gov/Publications/manuals/bridge_atlas/pdfs/bridge_index.pdf?cache=1721762441062

Bridge " means a structure, including supports, erected over a depression or an obstruction, such as water, a highway or a railroad, for carrying traffic or other moving loads that has an opening exceeding 20 square feet. A listing of specific bridges that are regulated by DelDOT can be found online at https://deldot.gov/Publications/manuals/bridge_atlas/pdfs/bridge_index.pdf?cache=1721762441062 . A map of various types of bridges that are located within the public rights-of-way can be found in the "Bridges" section of DelDOT's online Gateway Mapping Portal at https://gateway.deldot.delaware.gov/ or accessed directly at https://deldot.maps.arcgis.com/apps/webappviewer/index.html?id=0c01fb6cee9142109e8fc6ac70a0598a .

" Buy America " means the domestic manufacturing process requirement for all of the iron, steel, manufactured products, and construction materials that are permanently incorporated in a federal-aid highway project outlined in federal laws, regulations, and policies including United States Code (USC) Title 23 Part 313, USC Title 49 Part 5323, Code of Federal Regulation (CFR) Title 23 Part 635.410, CFR Title 49 Part 661, and any revisions as per the Infrastructure Investment and Jobs Act (H.R. 3684), including conformance with the requirements of Build America Buy America commonly known as "BABA". See FHWA Question and Answer for Utilities: https://www.fhwa.dot.gov/utilities/buyam.cfm .

" Carrier pipe " or " carrier " means a pipe directly enclosing a transmitted fluid (liquid, gas, or slurry), also an electric or communication cable, wire, or line.

" Casing pipe " or " casing " means a larger pipe, conduit, sleeve, or duct enclosing a carrier or utility facility.

" Chief Engineer " is the individual identified by 17 Del.C. §111(c), who is the highest authority for the authorization of this regulation within DelDOT. The Chief Engineer has the authority to establish a designee to act on their behalf

ctric or communication cable, wire, or line.

" Casing pipe " or " casing " means a larger pipe, conduit, sleeve, or duct enclosing a carrier or utility facility.

" Clear zone " means the road-design concept that establishes the theoretical limits of the unobstructed traversable area provided beyond the edge of the traveled way for the recovery of errant vehicles. This area consists of elements such as a shoulder, a recoverable slope, a non-recoverable slope, and a run-out area clear of fixed or non-traversable objects. Fixed or non-traversable objects include existing or planned objects, whether natural or manufactured, such as trees, drainage structures, non-yielding sign or lighting structures, drainage ditches, retaining walls, rock outcroppings, utility facilities, etc. The purpose of the road-design concept of clear zone is to provide errant vehicles a reasonable opportunity to stop safely or otherwise regain vehicle control. The desired width is dependent on traffic volumes, speeds, and roadside geometry. See the DelDOT Road Design Manual and the AASHTO Roadside Design Guide for properly calculated clear zone widths.

" Conduit " means an enclosed tubular casing, singular or multiple, for the protection of wires, cables, or lines, usually jacketed and often extended from manhole to manhole.

" Conflict " means when a utility facility is blocking highway construction or maintenance operations requiring the facility to be adjusted, relocated, or mitigated with other measures such as protecting the facility. The presence of utilities in the public right-of-way does not necessarily constitute a conflict

wires, cables, or lines, usually jacketed and often extended from manhole to manhole.

" Construction " means the actual installation and all related work, including relocation or adjustments, incidental to a utility project or DelDOT highway construction project's construction or reconstruction-excluding preliminary engineering, subsurface utility engineering (SUE), test holes, or rights-of-way work programmed and authorized as a separate work phase. Construction requires adequate levels of subsurface utility engineering for managing certain risks associated with utility mapping at appropriate quality levels, utility coordination, utility relocation design and coordination, utility condition assessment, communication of utility data to concerned parties, utility relocation cost estimates, implementation of utility accommodation policies, and utility design. Please refer to the Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data , CI/ASCE 38-02, American Society of Civil Engineers, 2002.

" Construction plans " means scalable plan sheets that show the proposed construction in detail. Construction plans may be in either paper or electronic format, as specified by DelDOT.

" Consultant " means a qualified third party engaged by DelDOT, another agency of the State of Delaware, or a utility to develop plans, specifications, and estimates for DelDOT or a utility.

" Coordination meeting " means periodic meeting with utilities' representatives to outline current policy and procedures and discuss current topics of general interest

lectronic format, as specified by DelDOT.

" Consultant " means a qualified third party engaged by DelDOT, another agency of the State of Delaware, or a utility to develop plans, specifications, and estimates for DelDOT or a utility.

" Coordination meeting " means periodic meeting with utilities' representatives to outline current policy and procedures and discuss current topics of general interest.

" Corner cut " or " daylight corner " means a right-of-way area at an intersection reserved for sight clearance or turning clearance, usually by a diagonal right-of-way line.

" Cover " means depth to top of pipe, conduit, casing, cable, or similar line or utility tunnel below the earth or roadway surface.

" Dam " means any artificial barrier, including appurtenant works, with the ability to impound or divert water, wastewater, or liquid-borne materials. A listing of specific dams that are regulated by DNREC can be found online at https://documents.dnrec.delaware.gov/swc/Shoreline/Documents/Dam%20Safety/regulated-dams.pdf .

" Delaware Manual on Uniform Traffic Control Devices " or " DE MUTCD " means the manual approved by the Federal Highway Administrator as the national standard for all traffic control devices installed on any street, highway, bikeway, or private road open to public travel in accordance with 23 U.S.C. 109(d) as amended for use in Delaware. Published online at https://www.deldot.gov/Publications/manuals/de_mutcd/index.shtml .

" DelDOT highway construction project " means the constructing, reconstructing, widening, or resurfacing DelDOT-maintained portions of a highway within the existing legal right-of-way or within a newly acquired right-of-way whether by contract, DelDOT forces, or a DelDOT agent. For clarity and avoidance of doubt, the term "agent" shall only include those operating directly at DelDOT's direction and shall not include land-developers or any entity performing work under direct contract of the land-developer in connection with DelDOT's development coordination process

right-of-way or within a newly acquired right-of-way whether by contract, DelDOT forces, or a DelDOT agent. For clarity and avoidance of doubt, the term "agent" shall only include those operating directly at DelDOT's direction and shall not include land-developers or any entity performing work under direct contract of the land-developer in connection with DelDOT's development coordination process.

" DelDOT-maintained portions of public rights-of-way " means areas within the public rights-of-way determined to be under DelDOT's maintenance responsibility or jurisdiction as designated by Delaware Code, specific Town Agreement, or other DelDOT authorized agreement. These areas include DelDOT-maintained portions of the highway rights-of-way outside of incorporated cities or towns and DelDOT-maintained portions of municipal streets, roadways, subdivision streets, roadside areas, or other facilities that DelDOT has entered into an agreement to accept maintenance responsibility or jurisdiction over.

" Delineator " means an object marker used to provide attention and awareness to a utility facility of importance or concern that is otherwise unnoticeable or difficult to locate.

" Denial-of-access " means that access rights for ingress and egress to adjacent land parcels or private properties have been obtained by DelDOT in the form of a recorded deed. Where access is controlled by deed there is no right of direct access through the deeded section. Utilities may be permitted to place utility facilities within denial-of-access areas that are not associated with fully controlled access highways.

" Department " or " DelDOT " means the State of Delaware's Department of Transportation.

" Department of Natural Resources and Environmental Control " or " DNREC " means the primary body concerned with the governance of public land, natural resources, and environmental regulations for the State

facilities within denial-of-access areas that are not associated with fully controlled access highways.

" Department " or " DelDOT " means the State of Delaware's Department of Transportation.

" Designation " means the process of using a surface geophysical method or methods to interpret the presence of a subsurface utility and mark its approximate horizontal position (its designation) on the ground surface.

" District engineer " means the DelDOT engineer of the north, canal, central, or south maintenance district. The engineer with the highest authority in a DelDOT maintenance district.

" District Public Works Section " or " District Public Works office " means the unit within each DelDOT maintenance district responsible for utility operations under the direction of the district engineer.

" Duct " means an enclosed tubular casing for protecting wires, lines, or cables, often flexible or semi-rigid.

" Effective clear zone " means the utility permitting concept that establishes the practical limits of the unobstructed, traversable area beyond the edge of the traveled way available for the recovery of errant vehicles. The effective clear zone concept is applied when select conditions are met, such as the width of the public right-of-way is too limited to fully contain the clear zone, non-traversable ditches, non-breakaway facilities, or fixed objects are prevalent within the public right-of-way, existing conditions establish a driver expectation of non-traversable ditches, non-breakaway facilities, or fixed objects within the clear zone

oncept is applied when select conditions are met, such as the width of the public right-of-way is too limited to fully contain the clear zone, non-traversable ditches, non-breakaway facilities, or fixed objects are prevalent within the public right-of-way, existing conditions establish a driver expectation of non-traversable ditches, non-breakaway facilities, or fixed objects within the clear zone. Effective clear zone principles prioritize limiting encroachment of proposed non-breakaway facilities or additional fixed objects, by ensuring these elements are located as close to the public right-of-way line as feasible or at minimum, are located behind any existing non-traversable ditches, non-breakaway facilities, or fixed objects within the public right-of-way.

" Eligibility " means the costs incurred on a project or a specific phase of a project that, when authorized, may be eligible for reimbursement provided they are legally qualified under the applicable State highway laws.

" Emergency " means a situation as defined in 26 Del.C. Ch. 8 - the Miss Utility Law. This shall also include situations deemed by DelDOT to be an emergency within the DelDOT-maintained portions of public right-of-way Emergency situations create specific impacts by which the safety of the traveling public or general public, or the structural integrity of the highway facility, is placed in immediate danger.

" Encasement " means a structural element that surrounds a carrier or casing.

" Executed agreement " means a legal instrument entered by DelDOT and a utility construction project which outlines the legal and financial responsibilities of both parties.

" Federal-aid highway projects " means the active or completed projects administered by or through DelDOT which involve the use of federal aid highway funds for the development, acquisition of right-of-way, construction, or improvement of the highway or related facilities, including highway beautification projects under 23 U.S.C. 319, Landscaping and Scenic Enhancement

nsibilities of both parties.

" Federal Highway Administration " or " FHWA " means the U.S. Department of Transportation's federal highway agency.

" Flexible pipe " is a plastic, fiberglass, or metallic pipe with a large ration of diameter to wall thickness designed for a diametric deflection of up to 5%. The pipe can be designed for a diametric deflection of up to 7.5% with an engineering study confirming the pipe's stability and structural soundness.

" Flow line " means the bottom elevation of an open channel or bottom of pipe otherwise known as the invert of the pipe.

" Functional classification " means the system of hierarchical designation for highways based on the competing functions of transportation movement and access are satisfied. See DelDOT Road Design Manual Chapter 2, as amended, and functional classification maps for specific highway designation. The DelDOT Road Design Manual is available at DelDOT's website under Publications.

" Hardship " means the adherence to a requirement that will cause persistent difficulty with facility installation and long-term maintenance or will be prohibitively expensive resulting in unreasonable rate increases for utility customers.

" Hazardous conditions " means a condition, circumstance, or combination of factors that create a substantial risk or danger of causing injury to persons or damage to property.

" Highway " or “ street ” means any public way for vehicular travel including the entire area within DelDOT-maintained portions of the public rights-of-way and related facilities maintained by DelDOT

for utility customers.

" Hazardous conditions " means a condition, circumstance, or combination of factors that create a substantial risk or danger of causing injury to persons or damage to property.

" Highway right-of-way " means the real property or interests therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway. Lands acquired under Section 319(b), Title 23, U.S.C. (Scenic strips 1965 Highway Beautification Act) shall be under the jurisdiction of the Department.

" Lateral offset " means the distance from the edge of traveled way, shoulder, or other designated point to the front face of a vertical roadside element. The minimum lateral offset varies by setting and constraints but was never intended to represent an acceptable safety design criteria. In constrained environments, there is still a need to position rigid objects as far away from the active traveled way as possible. The minimum lateral offset value has sometimes been oversimplified and misinterpreted as satisfied if placing the edge of objects 1.5 feet from the face of curb. Where stand-up curb is present, the lateral offset is measured from the face of the curb to an object. Reference shall be made to the AASHTO Roadside Design Guide for more information on this concept and its applications. Lateral offset should not be confused with clear zone.

" Letter agreement " means the agreement that is the legal instrument between a utility and DelDOT to establish the utility work in conjunction with a DelDOT highway construction project that DelDOT has determined is reimbursable.

" Maintenance of traffic " or " MOT " means the process of establishing a work zone, providing related transportation management, and incorporating temporary traffic control on streets and highways right-of-way

that is the legal instrument between a utility and DelDOT to establish the utility work in conjunction with a DelDOT highway construction project that DelDOT has determined is reimbursable.

" Manhole " means an opening in an underground system where workers can enter to install, remove, inspect, repair, connect, and test as needed.

" Master franchise " means the legal document that authorizes a regulated public utility to place its facilities within the legal rights-of-way without any vested interest therein under the provisions of 17 Del.C. §132(c) and supplements thereto.

" Median " means the portion of a divided highway separating the traveled ways for traffic in opposite directions.

" Municipal limits " means the political boundary established by an incorporated city or town through charter, zoning activity, or ordinance, which defines the land parcels and right-of-way areas under municipal jurisdiction. Municipal limits define the exclusionary boundary which suspends DelDOT maintenance responsibility and jurisdiction over the public right-of-way except as mutually agreed upon via specific town agreement or other DelDOT authorized agreement.

" Pavement box " means the cross section of the highway consisting of the paved highway surface, base, and subbase materials.

" Pipe " means a tubular product made and sold as a production item.

" Preliminary engineering " means related preparatory work in advance of construction operations such as surveys, utility plans, specifications, estimates (PS&E), and more.

" Preliminary engineering estimate " means the estimate of the preliminary engineering required to design the alternation, adjustments, or relocation

terials.

" Pipe " means a tubular product made and sold as a production item.

" Preliminary engineering " means related preparatory work in advance of construction operations such as surveys, utility plans, specifications, estimates (PS&E), and more.

" Preliminary engineering estimate " means the estimate of the preliminary engineering required to design the alternation, adjustments, or relocation.

" Prior rights " means a utility is determined to have legally occupied a public right-of-way prior to the time the right-of-way was conveyed to or acquired by DelDOT.

" Project manager " means the DelDOT staff member responsible and accountable for the construction project's satisfactory completion.

" PS&E " means plans, specifications, and estimates.

" Public right-of-way " means the legal right-of-way of any public highway, street, or alley that is dedicated to public use or otherwise under the jurisdiction of DelDOT or any municipality or political subdivision. Certain navigable waterways are also designated as public rights-of-way.

" Public Service Commission " or " PSC " means the entity created by Title 26 of the Delaware Code. under the Public Utilities Act of 1974.

" Public utility " means a utility as defined in 26 Del.C. §102(2) and 17 Del.C. §143(a)(2) and are subject to the jurisdiction of and are regulated by the PSC

" Relocation " means adjusting or moving utility facilities required for a highway project.

" Replacement facility " means replacing the function of a facility rather than installing a replica facility.

" Retirement " means a utility facility that is inactive or deactivated but remains in place within the right-of-way. Also referred to as an abandoned facility.

" Right-of-way " means real property, or interests therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway or street

cing the function of a facility rather than installing a replica facility.

" Retirement " means a utility facility that is inactive or deactivated but remains in place within the right-of-way. Also referred to as an abandoned facility.

" Right-of-way " means real property, or interests therein, acquired, dedicated, or reserved for the construction, operation, and maintenance of a highway or street.

" Roadside " means a general term denoting the area adjoining the outer edge of the roadway, typically includes elements such as unpaved surfaces, sidewalks, shared use paths, surface drainage facilities, located between the right-of-way line and the curb or edge of roadway pavement. Extensive areas between the roadways of a divided highway may also be considered roadside. DelDOT's maintenance responsibility and jurisdiction over the roadside portion of public right-of-way is limited inside of municipal limits, and along subdivision streets as established by specific town agreement or other DelDOT authorized agreement.

" Roadway " means the portion of a highway accommodating vehicular use, and typically includes elements such as paved travel-lanes, paved turn-lanes, and paved shoulders. A divided highway has 2 or more roadways. In construction specifications, the roadway is the portion of a highway within the limits of construction. DelDOT's maintenance responsibility and jurisdiction over the roadway portion of public right-of-way is limited inside of municipal limits and along subdivision streets as established by specific town agreement or other DelDOT authorized agreement.

" Salvage " means material removed and used or placed in storage for future use.

" Single-pole construction " means the use of single poles to support aerial facilities rather than double-pole arrangements such as H-frames.

" Sleeve " means a short casing through pier or abutment of highway structure

ubdivision streets as established by specific town agreement or other DelDOT authorized agreement.

" Salvage " means material removed and used or placed in storage for future use.

" Single-pole construction " means the use of single poles to support aerial facilities rather than double-pole arrangements such as H-frames.

" Sleeve " means a short casing through pier or abutment of highway structure.

" Standard Construction Details " means the DelDOT Standard Construction Details in effect on the date of permit authorization or notice to proceed. Details can be found online at: https://deldot.gov/Publications/manuals/const_details/index.shtml .

" Standard Specifications " means the standard specifications for DelDOT road and bridge construction in effect on the date of permit authorization or notice to proceed. The specifications can be found online at: https://deldot.gov/Publications/manuals/standard_specifications/index.shtml .

" State " means the State of Delaware.

" Subdivision streets " means the DelDOT-maintained portions of commercial, industrial, or residential streets located within right-of-way dedicated to public use. The dedication of right-of-way and DelDOT authorized agreement for acceptance of street maintenance responsibility shall be subject to approval by DelDOT through the development coordination process. The area of DelDOT maintenance responsibility varies by acceptance agreement but includes only the physical features such as paved roadway or curbs that are identified within each individual agreement.

" Temporary traffic control " or " TTC " means the process of establishing a work zone, providing related transportation management, and incorporating temporary traffic control on streets and highway rights-of-way. Also known as Maintenance of Traffic.

" Town agreement " means a formal agreement between an incorporated city or town and DelDOT, created in accordance with 17 Del.C. §134(a)

greement.

" Town agreement " means a formal agreement between an incorporated city or town and DelDOT, created in accordance with 17 Del.C. §134(a). Town agreements define the extent of power, authority, and jurisdiction, over roadway areas and roadside areas within a public right-of-way, which shall be voluntarily given and surrendered by the city or town to DelDOT. Town agreements are inclusive of limitations and terms as the Department shall prescribe. The public right-of-way areas under DelDOT maintenance responsibility and types of facilities to be maintained by DelDOT vary by individual roadway or town agreement but include only the physical features such as paved roadway or curbs that are identified within each individual agreement.

" Traffic control devices " means signs, signals, markings, or other devices used to regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, private road open to public travel, pedestrian facility, or shared-use path by authority of a public agency or official having jurisdiction, or, in the case of a private road open to public travel, by authority of the private owner or private official having jurisdiction. Temporary traffic control devices including signs, channelizing devices, lighting devices, and shadow vehicles are governed by the DE MUTCD and ATSSA quality guidelines.

" Traveled way " means the portion of the highway used for vehicles (including dedicated bicycle lanes), excluding shoulders and auxiliary lanes.

" Typical applications " means predesigned TTC plans for specific solutions as illustrated and described in Chapter 6 of the DE MUTCD

, channelizing devices, lighting devices, and shadow vehicles are governed by the DE MUTCD and ATSSA quality guidelines.

" Traveled way " means the portion of the highway used for vehicles (including dedicated bicycle lanes), excluding shoulders and auxiliary lanes.

" Typical applications " means predesigned TTC plans for specific solutions as illustrated and described in Chapter 6 of the DE MUTCD.

" Use and occupancy agreement " means the written agreement by which DelDOT approves the use and occupancy of right-of-way by utility facilities or privately owned facilities that convey or transmit utility commodities devoted exclusively to private use.

" Utilities engineer " means the engineer and authorized representative of the Chief Engineer responsible for utility coordination work performed within DelDOT's Division of Transportation Solutions.

" Utilities Section " means the unit within DelDOT's Division of Transportation Solutions responsible for matters concerning utilities under the direction of the Utilities Engineer.

" Utility attachment agreement " means an agreement between a utility and DelDOT that covers the agreements for attachment of utility facilities to highway structures.

" Utility conflict matrix " or " UCM " means a spreadsheet or enterprise database used by DelDOT to identify, track, coordinate, and resolve potential conflicts with utility companies throughout the highway project design process.

" Utility Construction Permit " or " utility permit " or " construction permit " means a permit that authorizes a utility to construct, maintain, or repair a utility facility within DelDOT-maintained portions of public rights-of-way.

" Utility coordinator " means the DelDOT personnel assigned to a project responsible for coordinating the relocation or adjustment of all utilities between the utility and DelDOT

nstruction Permit " or " utility permit " or " construction permit " means a permit that authorizes a utility to construct, maintain, or repair a utility facility within DelDOT-maintained portions of public rights-of-way.

" Utility coordinator " means the DelDOT personnel assigned to a project responsible for coordinating the relocation or adjustment of all utilities between the utility and DelDOT.

" Utility facility " means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing an essential commodity or service, such as water, gas, electricity, wastewater, or telecommunications to the public, whether active or retired.

" Utility Permit Application portal " or " UPA " means the online portal used for the electronic submission of utility plans and documents associated with DelDOT Highway Construction Projects as well as utility construction permits and utility safety permits.

" Utility plans, specifications, and estimate " or " utility PS&E " means a detailed relocation cost estimate prepared by the utility and consisting of highway plan sheets which show the relocation and any additional utility drawings or supplemental sheets necessary to provide a clear picture of work to be performed and how estimated costs were determined.

" Utility Safety Permit " means a simplified utility permit that authorizes utility related equipment, personnel, or materials to temporarily occupy or use DelDOT-maintained portions of the highway right-of-way. A Utility Safety Permit provides for TTC or maintenance of traffic and is required in cases of utility related activities that do not require a full Utility Construction Permit but are anticipated to require MOT due to potential encroachment near vehicular (including bicycles and non-motorized devices), or pedestrian traffic.

" Utility statement " means a synopsis of utility relocation work and its anticipated schedule incorporated in the bid package upon approval by DelDOT. Also known as a resume of proposed work

es that do not require a full Utility Construction Permit but are anticipated to require MOT due to potential encroachment near vehicular (including bicycles and non-motorized devices), or pedestrian traffic.

" Utility statement " means a synopsis of utility relocation work and its anticipated schedule incorporated in the bid package upon approval by DelDOT. Also known as a resume of proposed work.

" Working day " means days between Monday through Friday, except for State, federal, and recognized operator holidays unless otherwise amended by the operative contract documents.

3.0 References and Source Material

3.1 References and Source Materials - National. The following guidelines and design standards, which are made available in their entirety through nationally recognized professional organizations and publications, are incorporated by reference, except as modified within this regulation. If conflicts may exist between incorporated references and this regulation, this regulation controls.

3.2 References and Source Materials - State of Delaware

3.2.1 The following guidelines, design standards and independent manuals, which are made available in their entirety through their authoring Agencies and Departments of the State of Delaware, are incorporated by reference, except as modified within this regulation. Utility construction, relocation, or repair work performed on, under, or across DelDOT-maintained portions of public right-of-way shall adhere to applicable State of Delaware references and source materials, regardless of the underlying franchises, permits, agreements, type of utility work, or type of project. In the event that conflicts may exist between incorporated references and this regulation, this regulation controls

ation, or repair work performed on, under, or across DelDOT-maintained portions of public right-of-way shall adhere to applicable State of Delaware references and source materials, regardless of the underlying franchises, permits, agreements, type of utility work, or type of project. In the event that conflicts may exist between incorporated references and this regulation, this regulation controls.

3.2.2 Regulations that are adopted through the Federal or State of Delaware Register of Regulations shall be taken into consideration in each aspect of planning, design, or construction, where these regulations may have independent jurisdiction over applicable elements irrespective of any consideration in this regulation. The omission of explicit references to any applicable State or Federal regulation from this regulation shall not have the effect of sheltering the design professional from the separate and additional responsibilities that other regulations may create. If conflicts may exist between State or Federal regulation and this regulation, the more restrictive criteria should be used, while meeting the intent of the controlling regulation. All regulations shall be considered in their entirety, inclusive of any amendments, in their most current version. The following is not an exhaustive list, but includes some of the more commonly referenced regulations:

4.0 Design Requirements for Rights-of-way Utility Installations Within DelDOT-maintained Highways and Streets

4.1 General Requirements. DelDOT uses different types of documents to authorize the installation and occupancy of utility facilities on, under, or across DelDOT-maintained portions of right-of-way. These documents include franchises and agreements.

4.1.1 Master Franchise

4.1.1.1 Purpose. The master franchise is a legal instrument by which the use of the right-of-way is granted. It is not a control instrument over construction methods, traffic control features, or timing as opposed to a permit

and occupancy of utility facilities on, under, or across DelDOT-maintained portions of right-of-way. These documents include franchises and agreements.

4.1.1 Master Franchise

4.1.1.1.1 An entity meeting the definition of a public utility that is subject to the regulatory jurisdiction of the PSC.

4.1.1.1.2 A cable system operator or video services provider franchised by the PSC or a municipality; or

4.1.1.1.3 A utility owned, operated, controlled, or created by the State, a municipality, county, or other political subdivision.

4.1.1.2 Conditions

4.1.1.2.1 The master franchise requires that all facilities to be constructed shall meet the requirements set forth in this regulation.

4.1.1.2.2 All utility companies making underground installations shall be members of "Delmarva 811" and documentation verifying membership shall be provided prior to approval of master franchise.

4.1.1.2.3 A public utility shall submit a franchise application for each county where its facilities are to be located within the DelDOT-maintained portions of the rights-of-way.

4.1.1.3 Preparation. A master franchise must be in force for any utility to place facilities in the DelDOT-maintained portion of public right-of-way.

4.1.1.4 Coordination between Utility and DelDOT Highway Construction Projects. Both DelDOT and the utility company representatives need to exchange information regularly to help avoid conflicts between utility company projects and DelDOT projects in terms of location, construction timing, and method of installation. See Section 6.0 of this regulation for more details on DelDOT highway project coordination

Coordination between Utility and DelDOT Highway Construction Projects. Both DelDOT and the utility company representatives need to exchange information regularly to help avoid conflicts between utility company projects and DelDOT projects in terms of location, construction timing, and method of installation. See Section 6.0 of this regulation for more details on DelDOT highway project coordination.

4.1.1.5 Entities which were previously granted a master franchise, which remains active and valid as of December 31, 2024, shall be permitted to continue operating in the public right-of-way, so long as their master franchise does not expire or is not terminated.

4.1.2 Use and Occupancy Agreements

4.1.2.1 Purpose. A use and occupancy agreement, shown in Appendix A, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-A.pdf , is issued by DelDOT and is used for privately or individually owned facilities that are proposed to be located on or across DelDOT-maintained portions of highway rights-of-way. For example, if a landowner owns property on both sides of a DelDOT-maintained portion of roadway and needs to convey irrigation lines, water lines, natural gas lines, propane lines, etc., between properties, the landowner shall execute a DelDOT approved Use and Occupancy Agreement. The use and occupancy agreement provides DelDOT with information about the facilities and sets forth their conditions. The owner shall obtain a Utility Construction Permit for any facility construction, maintenance, or repair.

4.1.2.2 Conditions. Only crossings are allowed. Longitudinal lines are not permitted.

4.1.2.2.1 Use and occupancy agreements and master agreements will be developed for each individual situation in which a public company or private entity is permitted to place facilities in the DelDOT-maintained portions of the right-of-way

Construction Permit for any facility construction, maintenance, or repair.

4.1.2.2 Conditions. Only crossings are allowed. Longitudinal lines are not permitted.

4.1.2.2.2 Facilities that are owned by a private entity, such as meter pans and service poles, shall be located outside of the right-of-way through private agreement or easement with the property owner absent an executed agreement with DelDOT authorizing placement within the DelDOT-maintained portions of public right-of-way. Facilities that will be owned, operated, and maintained by DelDOT shall be exempt.

4.1.2.3 Preparation. A Use and Occupancy Agreement shall be prepared by the owner for each installation where a facility is placed on DelDOT-maintained portions of the right-of-way.

4.1.2.4 Companies that do not qualify as public utilities pursuant to the Delaware Code, and who are not subject to the regulatory authority of the PSC, will not be permitted to place facilities within DelDOT-maintained portions of highway right-of-way absent express legislative authority and authorization and an executed Use and Occupancy Agreement or master agreement.

4.1.3 Letter Agreements. A letter agreement is a legal instrument between a utility and DelDOT to establish the utility work in conjunction with a DelDOT highway construction project. It describes the terms and conditions, in accordance with the State code, by which the work and subsequent payment will be handled. An executed letter agreement is required prior to the performance of any work that is to be reimbursed. A letter agreement shall be required for all work not covered under a master franchise, a Use and Occupancy Agreement, or a construction permit

onstruction project. It describes the terms and conditions, in accordance with the State code, by which the work and subsequent payment will be handled. An executed letter agreement is required prior to the performance of any work that is to be reimbursed. A letter agreement shall be required for all work not covered under a master franchise, a Use and Occupancy Agreement, or a construction permit. The agreement describes the terms and conditions, in accordance with the State code, by which work and subsequent payment will be handled for utility work.

4.1.4 Utility Attachment Agreement. A utility attachment agreement shall be requested for all work where a utility facility proposes attachment to a DelDOT highway or ancillary structure. The utility shall coordinate a utility attachment agreement request with the District Public Works Section, the utility engineer, and the DelDOT section responsible for the DelDOT highway or ancillary structure. A DelDOT authorized utility attachment agreement shall be on file prior to utility facility attachment to a DelDOT highway or ancillary structure. Highway and ancillary structures include elements, such as bridges (including both vehicular and pedestrian overpasses and underpasses), reinforced concrete box culverts, retaining walls, sign support frames, lighting supports, lighting masts, load bearing assemblies, foundations etc. DelDOT approvals of utility attachment agreements are heavily restricted in accordance with subsection 4.7 of this regulation and subject to eventual relocation per subsections 4.7.3.2 and 4.7.3.3 of this regulation.

4.1.5 Blanket Vertical Adjustment Agreement

d concrete box culverts, retaining walls, sign support frames, lighting supports, lighting masts, load bearing assemblies, foundations etc. DelDOT approvals of utility attachment agreements are heavily restricted in accordance with subsection 4.7 of this regulation and subject to eventual relocation per subsections 4.7.3.2 and 4.7.3.3 of this regulation.

4.1.5 Blanket Vertical Adjustment Agreement. A Blanket Vertical Adjustment Agreement (BVAA) is a legal instrument between a utility and DelDOT to establish the terms, including provision of field personnel, materials, and reimbursement, for vertical adjustments of non-municipal utility structures/covers for DelDOT Highway Construction Projects which include any new construction, reconstruction, or repair/upgrades to existing roadways or public use facilities. Typical adjustments under the agreement include non-municipal or other nongovernmental public utility at-grade facilities such as manhole covers, valve box covers, junction well covers, which shall be adjusted to final grade by the State's contractor concurrent to DelDOT highway construction projects including highway projects, bridge projects, ADA, Pedestrian Access Route (PAR) projects, pave & rehab projects, maintenance projects, and traffic projects. Utility companies shall follow the DelDOT Design Guidance Memorandum (DGM) 3-1 Documenting and Paying for Non-Municipal Utility Cover Vertical Adjustments, dated June 1, 2021.

4.2 Authorization for Commencement of Work

4.2.1 Utility Work Requiring a Permit. This work is not the result of a DelDOT highway construction project and is coordinated through the District Public Works office for the county where the work is performed.

4.2.1.1 Maintenance. This work consists of maintaining existing utility facilities in kind. Upgrading facilities requires additional consideration and shall be considered new service installation.

4.2.1.2 New Service Installation

is work is not the result of a DelDOT highway construction project and is coordinated through the District Public Works office for the county where the work is performed.

4.2.1.1 Maintenance. This work consists of maintaining existing utility facilities in kind. Upgrading facilities requires additional consideration and shall be considered new service installation.

4.2.1.2 New Service Installation. This work consists of installing new services or utility distribution facilities or substantially upgrading existing facilities. Facility upgrades that would reduce the effective clear zone or create an increase of a hazardous condition in the existing right-of-way will be required to comply with the requirements for new service installation.

4.2.1.3 Third Party Driven Project Design and Facility Relocation. This work results from a project initiated by a third party that requires relocating utility facilities. Project design work is coordinated between the third party and the utility companies and permitted through the District Public Works offices.

4.2.1.4 Emergency Work. Emergency work is utility work associated with an emergency as defined in 26 Del.C. Ch. 8. The utility shall submit a utility construction permit to the District Public Works office via the UPA within 2 business days following the commencement of work.

4.2.2 Utility Work as a Result of a DelDOT Highway Construction Project. This work results from a DelDOT initiated project that requires relocating utility facilities. Project design work is coordinated through the utilities engineer and Utilities Section.

nd Utilities Section.

4.2.3 Responsibility and Dispute Resolution. The District Public Works Section administers permit work in its respective district under the authority of the district engineer and, ultimately, the Director of Maintenance and Operations. The construction group engineer administers DelDOT highway construction projects under the authority of the assistant director of construction. The assistant directors of project development and bridge are responsible for project designs and the assistant director of right-of-way (Chief of ROW) is responsible for the utility section. The Chief Engineer has authority over the project development, bridge, right-of-way/utilities, and construction sections of DelDOT. Any situations that cannot be resolved through the normal process may be forwarded to the appropriate authority.

4.3 Highway Safety and Temporary Traffic Control. DelDOT considers highway safety the highest priority that is an essential and indispensable component of every project from planning through the design and construction phases. Therefore, companies that install, maintain, service, operate, or otherwise work upon utilities within public rights-of-way are required to provide appropriate TTC within work areas.

4.3.1 Temporary Traffic Control. Measures shall be taken for protection and safe operation of traffic and workers during and after installation of utility facilities. For all utility maintenance or construction operations within public highway rights-of-way.

4.3.1.1 All TTC shall conform to the requirements specified on the approved temporary traffic control plan or in the DE MUTCD and any other applicable State and federal regulations.

4.3.1.2 Failure by a utility to provide for traffic safety shall be cause for immediate suspension of operations. The work will not be allowed to continue until the proper traffic control is established.

4.3.1.3 In all questions of interpretations of the DE MUTCD, the judgment of the Chief Engineer shall be final

ntrol plan or in the DE MUTCD and any other applicable State and federal regulations.

4.3.1.3 In all questions of interpretations of the DE MUTCD, the judgment of the Chief Engineer shall be final. The protection prescribed for each situation shall be based on the speed and volume of traffic, duration of operation, various modes of traffic, and exposure to hazards.

4.3.1.4 No work shall occur over live traffic. If it is required that work be performed over a travel lane or a turn lane or bike lane, a lane closure shall be required. If it is required that work be performed over pedestrian facilities, the pedestrian facility shall be closed, and a pedestrian detour shall be required.

4.3.2 Temporary Traffic Control and Safety References

4.3.2.1 Title 17 of the Delaware Code provides for the establishment of traffic control and safety standards to be observed during utility construction and maintenance operations on or adjoining any public highway or street. Public and private utilities, contractors under contract with utility companies, and all others engaged in utility construction and maintenance are required to comply with these standards.

4.3.2.2 The DE MUTCD explains in detail the principles and requirements of TTC and safety standards. It covers TTC procedures, responsibilities of involved parties, required training for personnel, and descriptions of approved control devices. The traffic control and safety standards are to be implemented through the training and supervision of utility employees.

4.3.2.3 Failure to meet the standards of the DE MUTCD will result in stoppage of work until deficiencies are brought into compliance.

4.3.3 Temporary Traffic Control Plan

4.3.3.1 The TTC plan is an important aspect of a project

nel, and descriptions of approved control devices. The traffic control and safety standards are to be implemented through the training and supervision of utility employees.

4.3.2.3 Failure to meet the standards of the DE MUTCD will result in stoppage of work until deficiencies are brought into compliance.

4.3.3 Temporary Traffic Control Plan

4.3.3.1 The TTC plan is an important aspect of a project. In preparing a standardized TTC plan, the appropriate typical applications in the DE MUTCD shall be identified. A plan for maintenance of pedestrian traffic, including plans, specifications, and standards to provide a clear and positive manner for pedestrians to safely approach and traverse through temporary work zones, shall be required when the proposed work impacts established pedestrian access routes. Project specific TTC plans shall be signed and sealed by a professional engineer licensed in the State of Delaware pursuant to 24 Del.C. Ch. 24, the Delaware Professional Engineers Act.

4.3.3.2 For Permit Projects

4.3.3.2.1 Utilities shall submit a typical application or combination of typical applications for MOT associated with proposed utility work as part of a permit submission. When work requires a detour, more than 4 typical applications, or is complicated by field conditions, a project specific TTC plan shall be developed.

4.3.3.2.2 The utility work within the DelDOT-maintained portions of public right-of-way shall not begin until the District Public Works office approvals have been obtained and the approved permit and supplementary information, including TTC plan, is on the job site. Once the job has begun, the utility inspectors must ensure that the plan is followed throughout the project.

4.3.3.2.3 In the case of emergency work where there is no prior approval of a TTC plan, the utility is still required to follow the DE MUTCD. The utility shall be prepared to immediately set up whatever TTC may be required to protect the public and perform necessary repair work. See subsection 4.3.6 of this regulation

utility inspectors must ensure that the plan is followed throughout the project.

4.3.3.3 For DelDOT Highway Construction Projects

4.3.3.3.1 TTC for DelDOT highway construction projects work is coordinated with the highway contractor, the DelDOT highway construction project supervisor, and the construction section to ensure proper safety standards are employed.

4.3.3.3.2 Where utility adjustments are made simultaneously with the highway contractor's operations and the highway contractor provides the TTC, the utility is not required to prepare a TTC plan. Under these circumstances, the utility and highway contractor must cooperate and coordinate their work so that neither is delayed by the other's operation. See subsection 6.4.2.2 of this regulation.

4.3.3.3.3 Where utility work is done in advance of highway work, work shall be performed in accordance with the MOT and work hour restrictions outlined in the DelDOT construction plans or notice to proceed. Utilities and their contractor shall notify and coordinate with DelDOT's assigned construction staff prior to and throughout the duration of work.

4.3.4 Flaggers for Temporary Traffic Control

4.3.4.1 Certified flaggers per the DE MUTCD are required in controlling traffic when flagging operations are needed.

4.3.4.2 DelDOT has specific requirements for flagger warning signs, safety clothing, training, and associated flagger concerns, as described in the DE MUTCD. Utility personnel acting as flaggers shall abide by these requirements.

4.3.5 Inspection of Temporary Traffic Control

4.3.5.1 Routine inspections of TTC elements must be made to ensure acceptable levels of operation

ing operations are needed.

4.3.5 Inspection of Temporary Traffic Control

4.3.5.1 Routine inspections of TTC elements must be made to ensure acceptable levels of operation. DelDOT has the right to inspect traffic control in a manner and at a frequency determined at the sole discretion of DelDOT.

4.3.5.2 When a utility or utility contractor fails to follow the approved TTC plan, inspectors may suspend the work within the DelDOT-maintained portion of public right-of-way until the required TTC is in place. Failure to follow the temporary TTC plan violates 21 Del.C. §4105 and is subject to punishment by law.

4.3.6 Response and Traffic Control in an Emergency Situation

4.3.6.1 When a utility initiates an emergency, the utility shall promptly notify the Transportation Management Center (TMC) at 302-659-4600 prior to performing work. The utility is responsible for communicating the type of emergency and location of the work to be performed and other pertinent information. Work may commence following verbal notification to the TMC. The utility company shall install the required TTC devices and personnel in accordance with the DE MUTCD to protect the public and the workers performing emergency work and restoring the site.

4.3.6.2 When notified of a situation that is deemed an emergency by DelDOT, the utility shall verbally respond to DelDOT personnel within 30 minutes of being notified. The utility shall have someone on-site within the first hour of notification to determine needs and mobilize all personnel, equipment, and resources required to perform work, including MOT. The utility shall have MOT in place and commence remediation work to address the situation within 4 hours of being notified. At that point, the utility is responsible to take ownership of the site and relieve DelDOT crews

shall have someone on-site within the first hour of notification to determine needs and mobilize all personnel, equipment, and resources required to perform work, including MOT. The utility shall have MOT in place and commence remediation work to address the situation within 4 hours of being notified. At that point, the utility is responsible to take ownership of the site and relieve DelDOT crews. The TMC shall be notified by each utility once MOT is set and again once work is complete. Noncompliance actions as outlined in subsection 4.10 of this regulation may be taken should a utility not respond following notification.

4.3.6.3 For situations involving utility poles, responsibility falls to the pole owner to ensure all work is occurring in accordance with this policy, including MOT. The pole owner shall identify all utilities that are attached to their pole. They shall update TMC with the utility attacher information along with notifying and coordinating with utility attachers. The pole owner shall maintain the site and oversee work associated with all parties on their pole.

4.3.6.4 In the event the required timeframes are not adhered to by utilities, DelDOT may initiate non-compliance actions as outlined in subsection 4.10 of this regulation.

4.3.6.5 If a utility intends to utilize temporary measures to safely resolve the immediate emergency, they shall coordinate measures with DelDOT throughout the process. Any temporary measures shall be permanently resolved under the standard utility permit process within 2 weeks of the emergency.

4.3.6.6 In all emergency situations, the utility shall coordinate work with any other utility companies that are impacted by the work and that may have facilities in the area.

4.4 Design

4.4.1 Utility's proposed design in all cases shall:

4.4.1.1 Protect the integrity of the roadway or highway structure.

4.4.1.2 Minimize interference with traffic during installation and maintenance of the facility.

4.4.1.3 Minimize highway maintenance problems for DelDOT

rdinate work with any other utility companies that are impacted by the work and that may have facilities in the area.

4.4 Design

4.4.1 Utility's proposed design in all cases shall:

4.4.1.1 Protect the integrity of the roadway or highway structure.

4.4.1.2 Minimize interference with traffic during installation and maintenance of the facility.

4.4.1.3 Minimize highway maintenance problems for DelDOT.

4.4.1.4 Avoid conflicts with other uses of the public rights-of-way.

4.4.1.5 Utility construction, relocation, or repair work performed on, under, or across DelDOT-maintained portions of public right-of-way shall adhere to applicable requirements outlined in the DelDOT Standard Construction Details and Standard Specifications, regardless of the underlying franchises, permits, agreements, type of utility work, or type of project.

4.4.2 Requirements

4.4.2.1 Utility installations on, over, or under the DelDOT-maintained portions of public rights-of-way and utility attachments to DelDOT-maintained highway structures, shall meet or exceed the requirements listed below, as well as any other applicable codes or regulations in place at the time of Notice to Proceed (NTP) or permit authorization.

4.4.2.1.1 Electric Power and Communications. National Electric Safety Code (NESC).

4.4.2.1.2 Water Transmission and Distribution. American Water Works Association (AWWA).

4.4.2.1.3 Pressure Pipelines. Standard Code of Pressure Piping of the American Society of Mechanical Engineers ASME B31.4 and B31.8 and applicable Sections of federal, State, local, and industry codes.

4.4.2.1.4 Liquid Petroleum Pipelines. American Petroleum Institute Recommended Practice for Steel Pipelines Crossing Railroads and Highways. U.S. DOT Rules and Regulations governing transportation of these materials, including Code of Federal Regulations Title 49 Part 195.

4.4.2.1.5 Pipelines Carrying Natural Gas and Hazardous Materials. U.S

e Sections of federal, State, local, and industry codes.

4.4.2.1.5 Pipelines Carrying Natural Gas and Hazardous Materials. U.S. DOT Rules and Regulations governing transportation of these materials, including Code of Federal Regulations Title 49, Parts 192, 193, and 195.

4.4.2.1.6 Fiber Optic Facilities. Standard for the physical location and protection of below-ground physical plant (EIA/TIA-590); also NESC provisions for communications cable.

4.4.2.2 Provisions for future expansion of utility facilities are to be made when planning for adjustments to existing facilities or preparing for new installations.

4.4.2.3 Underground utilities shall utilize safe trenching practices when preparing their designs and constructing their facilities. Both the utilities and their contractors shall comply with all Occupational Safety and Health Administration (OSHA) requirements while working on public rights-of-way. If unsafe work environments exist, work shall stop until safe conditions are established or restored.

4.4.2.4 Other Permits

4.4.2.4.1 Utilities are responsible for obtaining all required permits from municipal, State, federal agencies, and railroads for all proposed work. It is also the utility's responsibility to obtain all required permits for DelDOT highway construction projects and when the utility or its contractor is performing the relocation work. Examples of these permits include:

4.4.2.4.2 DelDOT will support and cooperate with the utility in obtaining permits when the relocation work is associated with a DelDOT highway construction project

proposed work. It is also the utility's responsibility to obtain all required permits for DelDOT highway construction projects and when the utility or its contractor is performing the relocation work. Examples of these permits include:

4.4.2.4.2 DelDOT will support and cooperate with the utility in obtaining permits when the relocation work is associated with a DelDOT highway construction project.

4.4.2.4.3 The utility will not be responsible for obtaining a sediment and stormwater permit when the utility work is within the highway contractor's limit of construction and the utility is performing the work when the highway contract is active. However, it is the individual utility's responsibility to seed and stabilize all disturbed areas associated with their work in accordance with DNREC regulations upon completion. If the disturbed areas are not properly restored, DelDOT may take further action to obtain compliance as outlined in subsection 4.10 of this regulation. Where authority over the public right-of-way is shared, utilities shall coordinate with all impacted stakeholders having defined maintenance responsibilities or jurisdiction over affected areas or facilities.

4.5 Location of Utility Facilities. When planning utility locations within public rights-of-way, consideration must be given to sound engineering principles, public safety, and economic benefits to the State.

4.5.1 Planning must consider safety and efficiency of maintenance. The following items must also be considered:

4.5.1.1 Minimal Future Project Interference. New utility facilities shall be located to minimize the need for later adjustments to accommodate future highway improvements or other utility installations. The location shall allow for adequate access to the facilities and accommodate future maintenance. In addition to meeting with DelDOT to discuss future projects, the following are sources to check on projects:

4.5.1.2 Minimal Future Interference to Traffic

cilities shall be located to minimize the need for later adjustments to accommodate future highway improvements or other utility installations. The location shall allow for adequate access to the facilities and accommodate future maintenance. In addition to meeting with DelDOT to discuss future projects, the following are sources to check on projects:

4.5.1.2 Minimal Future Interference to Traffic. Consider methods to maintain utility facilities with minimum interference to highway traffic.

4.5.1.3 Safe Traffic Operation and Preservation of Future Space. New longitudinal installations shall be located as close to the right-of-way line as feasible, while maintaining a uniform alignment relative to the centerline of the roadway or traveled way to provide a safe environment for traffic operation and preserve space for future highway improvements or other utility installations.

4.5.1.4 Longitudinal underground utilities will be allowed to be installed and maintained according to the following conditions:

4.5.1.4.1 Existing facilities may remain under paved shoulders or right turn lanes.

4.5.1.4.2 Existing facilities may remain under existing or proposed travel lanes.

4.5.1.4.3 New facilities may be installed under paved shoulders or right turn lanes.

4.5.1.4.4 New facilities shall not be installed under existing or proposed travel lanes.

4.5.1.4.5 Location of at grade features associated with longitudinal underground utilities such as valve and manhole covers will be allowed to follow these stipulations but shall be located outside of the wheel path of vehicles.

4.5.1.4.6 Utilities in subdivision developments and industrial parks shall be located in accordance with subsection 4.5.4.5 of this regulation.

4.5.1.5 Constructing a replacement facility that is functionally equivalent to the existing facility and necessary for continuous operation of the utility service, the project economy, and sequence of highway construction

ide of the wheel path of vehicles.

4.5.1.4.6 Utilities in subdivision developments and industrial parks shall be located in accordance with subsection 4.5.4.5 of this regulation.

4.5.1.6 Design of utility installations shall evaluate redundancies with existing permanent or temporary facilities and limit the number of redundant service laterals or forcemains, except where prohibited by documented citations from applicable regulations. Looping or secondary service mains required for system resiliency and limiting outages shall be permitted on the basis of documented citations from applicable regulations.

4.5.1.7 Proposed installation of larger service mains or forcemains in areas under DelDOT maintenance responsibility shall be accompanied by documented evaluation by the utility owner that any existing service laterals or forcemains have been reviewed for consolidation. Service tees and laterals shall be consolidated to minimize public right-of-way utilization and preserve capacity for future uses.

4.5.1.8 Utility upgrades that change or upgrade infrastructure to make it more modern and efficient, or to remake, revise, renovate, or reconstruct distribution lines shall require appropriate permits.

4.5.1.9 Pole replacement work involving up to 5 contiguous poles on an existing longitudinal alignment may utilize the existing horizontal alignment. See subsection 4.5.4.1.1 of this regulation for relocation requirements along the outside of roadway curves.

4.5.2 General Standards. The following standards apply to all utilities:

4.5.2.1 Retired Facilities and Transferred Facilities

4.5.2.1.1 For underground facilities, the utility shall notify DelDOT of the intention to retire its facilities in place and DelDOT will provide insight

alignment. See subsection 4.5.4.1.1 of this regulation for relocation requirements along the outside of roadway curves.

4.5.2 General Standards. The following standards apply to all utilities:

4.5.2.1 Retired Facilities and Transferred Facilities

4.5.2.1.1 For underground facilities, the utility shall notify DelDOT of the intention to retire its facilities in place and DelDOT will provide insight. The facilities shall be properly purged and capped if facilities are authorized to be retired in place. The utility shall keep documentation of the facility as being disconnected or retired and shall provide it to DelDOT during coordination of projects. Retired utility facilities within the public right-of-way shall remain the responsibility of the utility unless an executed agreement or other form of written documentation is supplied to DelDOT showing the responsibility was transferred to another franchised entity. See 4.5.2.1.3 for above ground retirement.

4.5.2.1.2 DelDOT shall be notified in advance of proposed ownership transfers of aboveground utility poles and infrastructure when the transfer will change the type of utility that owns the poles. Examples of utility types include electric utilities, telecom utilities, and cable television utilities. Transferred above grade utility facilities within the public right-of-way shall remain the responsibility of the original utility owner until an executed agreement or other form of written documentation is supplied to DelDOT showing the ownership was transferred to another franchised entity.

r form of written documentation is supplied to DelDOT showing the ownership was transferred to another franchised entity.

4.5.2.1.3 Above ground utilities shall not be retired in place without an exception in accordance with subsection 4.9 of this regulation. When a new pole is being installed to replace an existing pole, all utilities shall be transferred from the old pole within 60 calendar days. The owner of the original pole within the DelDOT-maintained portion of the public right-of-way is responsible for ensuring its removal within 10 calendar days of the last utility being removed unless otherwise agreed to by the District Public Works office.

4.5.2.1.4 Proposed in-place-retirement of existing utility facilities that are located in proximity to the utility owner's proposed utility run shall be evaluated by the utility and require justification that in-place-retirement is consistent with the requirements of subsection 4.5.2.1 of this regulation.

4.5.2.1.5 The utility shall also install RFID markers along any subsurface retired facilities at disconnected or capped locations so they can more easily be identified in the future. RFID markers that are programmable are preferred and shall be programmed with utility owner name, contact phone number, facility material type, and facility size at a minimum. In lieu of RFID markers, utilities may supply DelDOT with GIS databases outlining all active and retired utility facilities. Utilities that provide GIS shall provide updated GIS data on an annual basis or more frequently.

4.5.2.1.6 If retired facilities cause issues with the operation, maintenance, or reconstruction of the highway, DelDOT shall notify the utility of this problem and require the facilities be addressed. If maintenance issues persist, DelDOT may give notice to require the removal of all or part of retired utility facilities or the filling of any facility by an approved method and restoration of the DelDOT-maintained portions of public right-of-way

h the operation, maintenance, or reconstruction of the highway, DelDOT shall notify the utility of this problem and require the facilities be addressed. If maintenance issues persist, DelDOT may give notice to require the removal of all or part of retired utility facilities or the filling of any facility by an approved method and restoration of the DelDOT-maintained portions of public right-of-way. All utility facilities shall be properly purged of material and sealed at all open ends consistent with industry standards and federal, State, and local laws prior to retirement. Any utility facility that is proposed to be retired and removed by the utility owner must be disposed of consistent with industry standards and federal, State, and local laws.

4.5.2.2 ADA. The location of utility facilities and appurtenances shall be in accordance with the Americans with Disabilities Act (ADA) and the DelDOT Pedestrian Accessibility Standards (PAS). Utility Devices and appurtenances shall not be located where they would interfere with the accessibility of facilities nor create a negative impact to the accessibility of the facilities. If the proposed utility work will impact any existing pedestrian facilities, the utility company will be required to bring the impacted pedestrian facilities up to the current, in effect as of time of permitting of the work, DelDOT Pedestrian Accessibility Standards. For examples of ADA responsibility associated with Utility work, see Appendix C, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-C.pdf . Any negative impacts that are created by utilities shall be remediated by the utility. If they are not remediated, non-compliance procedures in accordance with subsection 4.10 of this regulation may be initiated. A utility shall not use the utility exception or deviation procedures outlined in subsection 4.9 of this regulation to avoid compliance with this Section

tility_Regs_2024_Appendix-C.pdf . Any negative impacts that are created by utilities shall be remediated by the utility. If they are not remediated, non-compliance procedures in accordance with subsection 4.10 of this regulation may be initiated. A utility shall not use the utility exception or deviation procedures outlined in subsection 4.9 of this regulation to avoid compliance with this Section. If a Utility wishes to get an exception from these provisions, a Request for Practical Exception in accordance with the DelDOT PAS shall be required.

4.5.2.3 Lateral Position for Above-ground Facilities with Respect to the Edge of Pavement

4.5.2.3.1 The locations of aboveground utility facilities shall be consistent with the clearances applicable to all roadside obstacles for the type of highway and project involved.

4.5.2.3.1.1 For Permit Work

4.5.2.3.1.1.1 Utilities shall select above ground facility locations that are outside of the clear zone and as near to the public right-of-way line as feasible. If the width of the clear zone exceeds the available public right-of-way, including any relevant easements, then the effective clear zone shall be applied instead of the clear zone. Fixed objects within the public right-of-way shall be delineated in accordance with subsection 4.5.2.3.6 of this regulation.

4.5.2.3.1.1.2 Placement of new utility facilities and replacement of existing utility facilities shall be planned to preserve the existing effective clear zone. When determining placement of obstructions, proposed reductions of the existing effective clear zone on the basis of cross arms or maintenance buffers shall not be approved.

4.5.2.3.1.1.3 When substantial upgrade work is proposed, it shall be considered a new service installation per subsection 4.2.1.2 of this regulation and utility shall evaluate lateral positioning. Where replacement facilities are substantially larger, efforts shall be made to position them further from travel lane

clear zone on the basis of cross arms or maintenance buffers shall not be approved.

4.5.2.3.1.1.4 Where an additional public right-of-way is available or acquired, utilities shall evaluate relocation in accordance with subsection 4.5.2.3.1.1.1 of this regulation.

4.5.2.3.1.2 For DelDOT Highway Construction Projects, The clear zone will be depicted on the DelDOT construction plans and shall be considered as part of the utility review and design, unless otherwise justified in writing by the DelDOT design team.

4.5.2.3.2 Within clear zones on constrained existing roadways where public rights-of-way are of minimum width, consideration shall be given to utility pole line designs employing vertical alignment of wires, cantilevered cross arms, or other designs permitted under the National Electrical Safety Code, when designs will facilitate compliance with the above provisions and those designs are consistent with sound engineering and economic considerations. Refer to subsection 4.5.4.1.3 of this regulation for incorporated areas also referred to as urban environments.

4.5.2.3.3 If locating appurtenances protruding more than 4 inches above the ground line out of the clear zone is not feasible, the appurtenances, including fire hydrants, shall meet breakaway criteria, unless located as close to the public right-of-way line as feasible. Breakaway devices must be certified as meeting the breakaway characteristics established by AASHTO Manual for Assessing Safety Hardware (MASH), National Cooperative Highway Research Program (NCHRP), or FHWA

round line out of the clear zone is not feasible, the appurtenances, including fire hydrants, shall meet breakaway criteria, unless located as close to the public right-of-way line as feasible. Breakaway devices must be certified as meeting the breakaway characteristics established by AASHTO Manual for Assessing Safety Hardware (MASH), National Cooperative Highway Research Program (NCHRP), or FHWA. Appurtenances protruding more than 4 inches that are breakaway shall be located to meet the lateral offset distances established in the AASHTO Roadside Design Guide and shall not be located less than 1.5 feet from the face of curb.

4.5.2.3.4 If utilizing breakaway devices or relocating above-ground appurtenances, such as utility poles, out of the clear zone is not feasible, then they shall be located as close to the public right-of-way line as feasible.

4.5.2.3.5 An exception request shall not be required if the appurtenances are located as close to the public right-of-way line as feasible and the clear zone extends beyond the existing public right-of-way line.

4.5.2.3.6 Utility poles that are placed within the public right-of-way shall be properly delineated unless it can be documented that the fixed object is further from the travel lane than the applicable clear zone based on the highway characteristics. Delineation shall be either a 6-inch-tall solid yellow retroreflective band installed around the utility pole or a 6-inch wide by 12 inches tall vertical rectangular object marker with solid yellow retroreflective sheeting. If an object marker is used, 1 shall be used on each side of the utility pole facing approaching traffic. The marker must be placed between 4 and 5 feet above the ground.

4.5.2.4 Perpendicular Crossings. Underground utility lines shall cross the highway on a line perpendicular to the highway alignment.

4.5.2.5 Delineators

rtical rectangular object marker with solid yellow retroreflective sheeting. If an object marker is used, 1 shall be used on each side of the utility pole facing approaching traffic. The marker must be placed between 4 and 5 feet above the ground.

4.5.2.4 Perpendicular Crossings. Underground utility lines shall cross the highway on a line perpendicular to the highway alignment.

4.5.2.5 Delineators. All appurtenances existing outside of the paved surface and protruding from the ground greater than 1 inch, but less than 24 inches shall be properly delineated so that they are visible during mowing operations. The delineator shall extend a minimum of 36 inches above grade and be constructed of a durable, UV resistant, flexible material that will not pose a hazardous condition to a vehicle or bystander if struck. It shall provide assured long-term outdoor durability, provide impact resistance, be colored in accordance with the American Public Works Association (APWA) color code for the associated utility, and contain a label with utility company, contact number, and facility information clearly identified. The delineator shall be a permanent installation with the base embedded at least 18 inches into the ground. Maintenance of the delineator and replacement when delineators are no longer functional shall be the responsibility of the utility company. Maintenance includes the requirement to keep the delineator free of vegetative growth and otherwise freely visible and unobstructed.

4.5.2.6 Ownership. The utility is responsible for the maintenance and relocation of all facilities located within DelDOT-maintained portions of public right-of-way whether facilities are active or retired. Ownership of facilities located within the DelDOT-maintained portions of public right-of-way shall not be transferred to individual property owners.

4.5.3 Highways with Fully Controlled Access. Delaware highways with full access control include interstate, expressway, and freeway, as defined by the functional classification

portions of public right-of-way whether facilities are active or retired. Ownership of facilities located within the DelDOT-maintained portions of public right-of-way shall not be transferred to individual property owners.

4.5.3 Highways with Fully Controlled Access. Delaware highways with full access control include interstate, expressway, and freeway, as defined by the functional classification.

4.5.3.1 Crossings. Underground crossings may be allowed if it is determined the crossing and installation does not affect safety. Aerial crossings are not permitted. Where a utility company has no alternative but to aerially cross a highway with fully controlled access, the company must follow the exception process described in subsection 4.9 of this regulation. Utilities granted an exception for new aerial utility line crossings shall utilize existing aerial crossing locations and combine crossings whenever feasible.

4.5.3.2 Lateral Positioning

4.5.3.2.1 Longitudinal installations of utilities shall not be permitted on fully controlled access highways. Areas outside of denial of access lines, and frontage roads where provided, may be used for placement of utilities with the approval of DelDOT.

4.5.3.2.2 Utilities located on existing DelDOT-maintained portions of public rights-of-way, where the highway facility is being upgraded to a fully controlled access highway, shall be moved outside of the public rights-of-way of the fully controlled access highway.

4.5.3.2.3 Utilities Along Highways that Cross a Fully Controlled Access Highway. Where a utility follows a highway that intersects and crosses a fully controlled access highway, the utility shall cross the fully controlled access highway at the location of the intersecting highway, and generally along the alignment of the intersecting highway. The utility shall be serviced without access from the fully controlled access highway. All work is subject to State and FHWA regulations in effect at the time.

4.5.4 Highways

intersects and crosses a fully controlled access highway, the utility shall cross the fully controlled access highway at the location of the intersecting highway, and generally along the alignment of the intersecting highway. The utility shall be serviced without access from the fully controlled access highway. All work is subject to State and FHWA regulations in effect at the time.

4.5.4 Highways. On highways, preference is given to through traffic to a degree that, in addition to access connections with selected public roads, there may also be some other roads crossing at grade as well as some private driveway connections.

4.5.4.1 Aboveground Utilities Along Highways - Lateral Positioning. The following constraints apply to the location of any aboveground facilities along DelDOT-maintained portions of public right-of-way. Utilities can submit exceptions to these requirements for DelDOT consideration in accordance with subsection 4.9 of this regulation. At grade and above ground utilities protruding greater than 4 inches, placed longitudinally on DelDOT-maintained portions of public right-of-way, shall be positioned in accordance with subsection 4.5.2.3 of this regulation.

4.5.4.1.1 Curves. Aboveground installations shall not be placed on the outside of curves on roadways where the speed limit is above 30 miles per hour. Existing aboveground utility facilities currently located within the adjusted clear zone on the outside of a curve shall be replaced with underground facilities or relocated outside of the adjusted clear zone when the utility performs utility reconstruction or infrastructure upgrades.

4.5.4.1.2 Daylight Corners, Medians, and Traffic Islands. Aboveground features such as poles, guys, enclosures, etc. shall not be placed in corner cuts ("daylight corners") or medians or on traffic islands.

4.5.4.1.3 Incorporated Areas

be replaced with underground facilities or relocated outside of the adjusted clear zone when the utility performs utility reconstruction or infrastructure upgrades.

4.5.4.1.3 Incorporated Areas. In incorporated areas, including urban areas, aboveground utilities shall be coordinated with local municipality permitting requirements and placed as close as feasible to the public right-of-way line. See subsection 4.5.2.3 of this regulation for longitudinal alignment standards. In curbed sections, the utilities shall be located as far as possible behind the curb and in compliance with the ADA and the DelDOT PAS. Utility facilities shall not be closer than the lateral offset established in the AASHTO Roadside Design Guide.

4.5.4.1.4 Occupy One Side of the Roadway. Every effort shall be made to place a single utility's at-grade or underground facilities on 1 side of the roadway. DelDOT will not issue a Utility Construction Permit authorizing the placement of utility facilities by the same company along both sides of a highway absent an authorized exception. Aerial utility lines owned by the same company may be placed on both sides of a roadway if poles exist on both sides of the highway regardless of pole ownership.

4.5.4.1.5 Pole Foundations. When pole foundations will be utilized, the utility shall submit foundation designs signed and sealed by a licensed Delaware professional engineer with the permit application.

4.5.4.1.6 Slopes and Ditches. Poles, guys, stub poles, or other utility equipment or utility structures may not be placed in front slopes or ditch bottoms.

4.5.4.1.7 Joint-Use Single-Pole Construction. Joint-use single-pole construction shall be used at locations where more than 1 utility or type of facility is involved

aled by a licensed Delaware professional engineer with the permit application.

4.5.4.1.6 Slopes and Ditches. Poles, guys, stub poles, or other utility equipment or utility structures may not be placed in front slopes or ditch bottoms.

4.5.4.1.7 Joint-Use Single-Pole Construction. Joint-use single-pole construction shall be used at locations where more than 1 utility or type of facility is involved. The pole owner shall ensure that the pole is sized in accordance with industry standards to allow space for existing and future joint-use utility facilities. Note: The holder of a franchise shall not grant permission to another utility facility to jointly occupy its pole line without the other utility providing the pole owner with a copy of their executed DelDOT master franchise or verification from the District Public Works office or the DelDOT utilities engineer of having an executed master franchise agreement on file with DelDOT.

4.5.4.1.8 Spacing. Pole line designs shall be performed to maximize pole spacing and limit the quantity of poles utilized.

4.5.4.1.9 Shared Use Paths. Poles, guys, stub poles, or other above ground utility equipment or utility structures shall not be located closer than 2 feet from any shared use path edge of pavement. See subsection 4.5.4.2.3 of this regulation for overhead clearance requirements.

4.5.4.2 Utilities Along Highways - Vertical Positioning

4.5.4.2.1 Overhead electric power and communications structures, lines and cables shall be installed in compliance with the National Electrical Safety Code.

4.5.4.2.2 Aerial utility line crossings shall be allowed on all highways except those with fully controlled access. Utilities proposing new aerial utility line crossings shall utilize existing aerial crossing locations and combine crossings whenever feasible.

4.5.4.2.3 Aerial utility lines crossing a highway, subdivision entrance or commercial entrance shall provide at least 18 feet of clearance at maximum sag conditions

line crossings shall be allowed on all highways except those with fully controlled access. Utilities proposing new aerial utility line crossings shall utilize existing aerial crossing locations and combine crossings whenever feasible.

4.5.4.2.3 Aerial utility lines crossing a highway, subdivision entrance or commercial entrance shall provide at least 18 feet of clearance at maximum sag conditions. Clearance over railroads shall be at least 23.5 feet at maximum sag conditions. Clearance over sidewalks shall be at least 80 inches at maximum sag conditions. Clearance over shared use paths shall be at least 120 inches at maximum sag conditions.

4.5.4.2.4 Appropriate clearances from signal poles and street lighting shall also be maintained, as applicable codes require. DelDOT may request greater clearances due to construction and maintenance practices or other circumstances affiliated with proposed work or site conditions.

4.5.4.2.5 Utility companies are responsible for moving their utility facilities to eliminate any existing or proposed visual obstruction or interference to any traffic control device. This includes moving structures, overhead lines and cables, splice boxes, enclosures, and other appurtenances in order to provide adequate visibility of a traffic control device and to maintain safety clearances required in applicable laws, codes, or regulations.

4.5.4.3 Historic Sites, Scenic Areas, Parks, etc.

4.5.4.3.1 Aboveground utility installations, including those needed for highway purposes such as highway lighting or to serve a weigh station, rest area, or recreation area, are not permitted on highway rights-of-way or other lands which are acquired or improved with federal aid or direct federal highway funds and are located within or adjacent to areas of scenic enhancement and natural beauty.

4.5.4.3.2 These areas include public parks and recreational lands, wildlife and waterfowl refuges, historic sites as described in 23 U.S.C. §138, scenic strips, overlooks, rest areas, and landscaped areas

rights-of-way or other lands which are acquired or improved with federal aid or direct federal highway funds and are located within or adjacent to areas of scenic enhancement and natural beauty.

4.5.4.3.3 DelDOT may permit exceptions provided that the conditions described in the current program guide utility relocation and accommodation on federal-aid highway projects are met.

4.5.4.3.4 Relocation of pre-existing utility facilities from overhead to underground is subject to reimbursement within the guidelines described in Section 6.0 of this regulation for DelDOT highway construction projects.

4.5.4.4 Utilities in Denial-of-Access. Where DelDOT has established a denial-of-access, entrances, either improved or unimproved, to access utilities facilities shall not be permitted.

4.5.4.5 State Maintained Streets in Subdivision Developments and Industrial Parks

4.5.4.5.1 Subdivision and Industrial Streets Not Yet Accepted for State Maintenance. DelDOT permits are required for activities within portions of the subdivision or industrial streets that are located within right-of-way dedicated to public use and are proposed to be DelDOT-maintained upon completion of DelDOT's street acceptance process. The subdivision or industrial park developer shall be responsible for submitting utility installation site plans to District Public Works for review and approval prior to commencement of street construction and prior to utility installation.

review and approval prior to commencement of street construction and prior to utility installation.

4.5.4.5.2 A utility shall obtain a utility construction permit for work within portions of new subdivision developments or new industrial parks that are located within right-of-way dedicated to public use and are proposed to be DelDOT-maintained upon completion of DelDOT's street acceptance process. All utilities shall install facilities in accordance with this regulation and all applicable Federal, State, and local requirements. Upon completion and acceptance of the subdivision or industrial streets, the utilities that are located within the DelDOT-maintained portions of right-of-way dedicated to public use shall be franchised in accordance with the existing master franchise for each utility.

4.5.4.5.3 Utilities in subdivision developments or industrial parks must be located according to the following standards:

4.5.4.5.3.1 Utilities will be allowed within the right-of-way dedicated to public use, outside of the paved surface, typically between the dedicated right-of-way line and the curb or edge of pavement.

4.5.4.5.3.2 If sanitary sewers cannot be located outside of the roadway, they may be allowed under pavement but should not be located under the wheel path. Sanitary sewer manholes may be placed along the center of the roadway. Service lines may cross under the paved area to connect residences with main lines.

4.5.4.5.4 Subdivision Streets and Industrial Streets Accepted for State Maintenance, Utility construction permits are required for utility activities that physically disturb DelDOT-maintained portions of existing subdivision streets and industrial streets including select roadside areas determined to be under DelDOT's maintenance responsibility or jurisdiction as designated by specific street acceptance agreement or other DelDOT authorized agreement. Existing underground utilities will be permitted to remain in place in subdivisions with streets currently maintained by DelDOT

aintained portions of existing subdivision streets and industrial streets including select roadside areas determined to be under DelDOT's maintenance responsibility or jurisdiction as designated by specific street acceptance agreement or other DelDOT authorized agreement. Existing underground utilities will be permitted to remain in place in subdivisions with streets currently maintained by DelDOT. However, any utilities that are upgraded shall be located per subsection 4.6 of this regulation.

4.6 Underground Installations

4.6.1 Underground Utilities Crossing Highways

4.6.1.1 Utility crossings in deep cuts, near bridge and retaining wall footings, in wet or rocky terrain where it is difficult to obtain minimum cover, and at highway cross drains where flow of water, drift, or streambed load may be obstructed are not preferred. Utility Crossings shall be located in accordance with the following conditions:

4.6.1.1.1 Placements are prohibited where attaining minimum cover would be jeopardized due to anticipated or encountered field conditions.

4.6.1.1.2 Placements are prohibited from running through paved or unpaved berm slopes under structures, and related sub-grade materials. Including placements that would pass under or through retaining walls or their foundations.

4.6.1.1.3 Underground utility lines shall not cross laterally within 50 feet of a regulated bridge, including attached retaining walls, or dam, including earthen dams.

4.6.1.1.4 Underground utility facilities shall not be located above corrugated metal pipes. See subsection 4.5 of this regulation for more information regarding crossings of highways. Refer to subsection 4.6.4 of this regulation for more information regarding pipelines.

4.6.1.1.5 Except where prohibited by documented citations from applicable regulations, utilities shall coordinate and collocate facilities in joint trenches, conduit runs, or duct banks

cated above corrugated metal pipes. See subsection 4.5 of this regulation for more information regarding crossings of highways. Refer to subsection 4.6.4 of this regulation for more information regarding pipelines.

4.6.1.1.5 Except where prohibited by documented citations from applicable regulations, utilities shall coordinate and collocate facilities in joint trenches, conduit runs, or duct banks.

4.6.2 Underground Clearances and Depth of Cover

4.6.2.1 Vertical and horizontal clearances between utilities shall conform to the utility codes cited in subsection 4.4.2 of this regulation and any other applicable industry codes and standards. Utilities shall provide 24 inches minimum clearance from DelDOT drainage pipes and drainage structures.

4.6.2.2 Depth of cover shall conform to the utility codes cited in subsection 4.4.2 of this regulation, the requirements in subsection 4.6 of this regulation, and any other applicable codes and regulations.

4.6.2.3 Minimum depth of cover for all installations under the roadway is 42 inches below the finished paved surface of the highway.

4.6.2.3.1 The critical control for the depth of cover on a crossing is the low point in the highway cross-section. Normally, this is the bottom of the longitudinal ditch.

4.6.2.3.2 Facilities crossing ditches must be placed at least 24 inches below the ditch flow line.

4.6.2.3.3 Underground facilities shall be in the subgrade material and shall not be in the pavement box. Regardless of the minimum depth of cover requirements, if the depth of the pavement box is greater than the minimum cover, greater cover shall be required.

4.6.2.3.4 DelDOT may request greater cover in some instances due to the type of highway construction or other circumstances affiliated with proposed work or site conditions.

4.6.2.3.5 Additional protection shall be provided for any facility with less than minimal cover. These measures shall provide physical protection to facilities using suitable casing, encasement, bridging or concrete slabs.

4.6.2.4 Longitudinal

may request greater cover in some instances due to the type of highway construction or other circumstances affiliated with proposed work or site conditions.

4.6.2.4 Longitudinal. Pipelines in the DelDOT-maintained portions of public right-of-way outside of the roadway must be placed at least 24 inches below the surface. When installed via open cutting, the nearest edge of the trench is to be at least 5 feet from the edge of pavement or back of curb line.

4.6.2.5 When crossing a highway perpendicularly, whichever depth requirement from subsection 4.6.2.3 or 4.6.2.4 of this regulation is more stringent applies.

4.6.3 Installation Methods

4.6.3.1 Trenchless Methods

4.6.3.1.1 Trenchless methods are the preferred option to limit open cutting of roadways for the purpose of working on or installing new underground facilities. Utilities shall provide construction plans for proposed trenchless operations for approval by the District Public Works Section when applying for a utility construction permit. For DelDOT highway projects, construction plans shall be provided to the utility coordinator assigned to the project prior to approval of the proposed operations.

4.6.3.1.2 Pits for underground installations are not permitted in existing pavement or a proposed paving area. The pits shall be excavated no closer to the roadway than 5 feet from the edge of an improved shoulder. Where the shoulder is dirt or grass, the pit excavation shall remain at least 10 feet from the edge of pavement. For curb-and-gutter sections, pits must be a minimum of 5 feet from the back of the curb.

4.6.3.1.3 When adequate shoring is detailed in design and utilized in construction, pits may be 2 feet from the edge of the pavement through an approved exception

the edge of an improved shoulder. Where the shoulder is dirt or grass, the pit excavation shall remain at least 10 feet from the edge of pavement. For curb-and-gutter sections, pits must be a minimum of 5 feet from the back of the curb.

4.6.3.1.3 When adequate shoring is detailed in design and utilized in construction, pits may be 2 feet from the edge of the pavement through an approved exception.

4.6.3.2 Open Cutting

4.6.3.2.1 The open cutting of a roadway for the purpose of working on or installing new underground facilities is reserved as a secondary method for installation when trenchless methods are not feasible. Open cutting of any roadway may not be permitted for at least 5 years after construction, resurfacing or reconstruction.

4.6.3.2.2 In the event open cutting is allowed, the utility shall restore the area in accordance with subsection 4.8 of this regulation.

4.6.3.2.3 Utilities shall not cover open trenches with steel plates between November 1 and March 31.

4.6.3.3 Locatability

4.6.3.3.1 Installations of non-metallic conduit or pipe shall include a tracer material that is detectable by locating devices. Non-metallic gravity sanitary sewer systems where manholes are present and accessible are exempt from this requirement.

4.6.3.3.2 Metal tape shall not be used as tracer wire.

4.6.3.3.3 It is the utility's responsibility to ensure all non-metallic facilities are detectable after installation is complete and shall demonstrate it is traceable to DelDOT.

4.6.3.3.4 If the facilities are not detectable, DelDOT shall require further action which may include removal of facilities.

4.6.3.3.5 Locatability of retired facilities shall be in accordance with subsection 4.5.2.1 of this regulation.

4.6.3.4 As-Builts

4.6.3.4.1 As-built plans shall be submitted to the District Public Works office or utility engineer for all underground installations upon completion of the work.

4.6.3.4.2 As-built plans shall portray the size, type, and material of the facilities along with the horizontal and vertical location

retired facilities shall be in accordance with subsection 4.5.2.1 of this regulation.

4.6.3.4 As-Builts

4.6.3.4.1 As-built plans shall be submitted to the District Public Works office or utility engineer for all underground installations upon completion of the work.

4.6.3.4.2 As-built plans shall portray the size, type, and material of the facilities along with the horizontal and vertical location.

4.6.3.4.3 In lieu of as-builts, utilities may supply DelDOT with GIS databases outlining all active and retired utility facilities. If GIS data is provided, the utility shall provide updated GIS data on an annual basis or more frequently.

4.6.3.4.4 If GIS database or as-builts are not provided, DelDOT may take further action to obtain compliance as outlined in subsection 4.10 of this regulation.

4.6.4 Pipelines

4.6.4.1 All pipeline installations shall conform to the applicable regulations pertaining to the type of installation being constructed. DelDOT considers vents, drains, markers, manholes, and shutoffs as parts of pipeline installations.

4.6.4.1.1 Permits. Utilities shall obtain approval from the District Public Works Office for any new pipeline or anticipated change to the current design or operation of a pipeline. The permit application shall specify the applicable codes to be used.

4.6.4.1.2 Except for gravity sanitary sewer where manholes are present and accessible, all newly installed facilities shall be locatable. See subsection 4.6.3.3 of this regulation on non-metallic pipe for more details.

4.6.4.1.3 Placement of Pipeline. When pipelines are installed longitudinally, the pipeline shall be located on a uniform alignment relative to the centerline of the roadway or traveled way and outside of the roadway. The placement shall not interfere with highway drainage or with the structural integrity of the traveled way, shoulders, or embankment.

4.6.4.2 Pipeline Crossings

4.6.4.2.1 Pipe, conduit, sewer, or other similar facility shall not be placed inside or through any drainage pipe, inlet, junction box, etc

m alignment relative to the centerline of the roadway or traveled way and outside of the roadway. The placement shall not interfere with highway drainage or with the structural integrity of the traveled way, shoulders, or embankment.

4.6.4.2 Pipeline Crossings

4.6.4.2.1 Pipe, conduit, sewer, or other similar facility shall not be placed inside or through any drainage pipe, inlet, junction box, etc. Neither shall objects be placed across the ends of any drainage pipe or culvert to obstruct the flow of water.

4.6.4.2.2 Pipelines crossing streams, wetlands, or other bodies of water shall be located in accordance with applicable regulatory permit requirements. See subsection 4.4.2.10 of this regulation.

4.6.4.3 Pipeline Appurtenances

4.6.4.3.1 Manholes. Manholes may not be in the traveled way or centerline of any highways except in subdivisions as outlined in subsection 4.5.4.5 of this regulation. Installations shall avoid intersections. Manholes shall be designed and located so that they will not interfere with other utilities and planned highway expansion. Manholes shall not be in the flow line of ditches, within the curb line, or the wheel path of traffic. All manholes shall be flush with the finished grade.

4.6.4.3.2 Valves. Isolation valves shall be placed at or near the ends of regulated bridge structures. Automatic shut-off valves shall be preferred. Valves and valve access points shall be placed outside of existing pedestrian access routes, existing shared use paths, and shall not be located within the curb line. Isolation valves are not required at other structures maintained by DelDOT including above-ground structures like sign structures, streetlights, and camera poles and underground facilities such as drainage pipes, inlets, junction boxes, and manholes.

4.6.4.3.3 Underground enclosures subject to periodic or potential wheel loading conditions, including areas within the unpaved portions of the public right-of-way that are not behind stand-up curb, shall meet AASHTO HS-20 traffic loading criteria

structures like sign structures, streetlights, and camera poles and underground facilities such as drainage pipes, inlets, junction boxes, and manholes.

4.6.4.4 Pipeline Installation

4.6.4.4.1 Pipeline crossings in the right-of-way via a use and occupancy agreement shall be identified by delineators as described in subsection 4.5.2.5 of this regulation.

4.6.4.4.2 Pressurized pipelines shall be pressure-tested to assure they are watertight, if applicable, and completely without leaks. See subsection 4.4.2.4 of this regulation, Pressurized Pipelines.

4.6.4.4.3 Hazardous Transmittants. Crossings by pipelines carrying a hazardous liquid (as defined in Code of Federal Regulations Title 49 Part 195.2) or liquefied gas (including propane) or other hazardous material as listed in Code of Federal Regulations Title 49 Part 172 shall not be allowed. Natural gas pipelines, however, will be allowed via the permit review and approval process through the District Public Works office.

4.6.4.5 Casings. DelDOT requires casings or encasements under the following circumstances:

4.6.4.5.1 All crossings of fully controlled access highway (interstate highways, toll roads, freeways) shall be cased or encased.

4.6.4.5.2 All crossings of existing or proposed arterial and collector roadways shall be cased or encased. Arterial and collector roadways are identified on the DelDOT Functional Classification Maps.

4.6.4.5.3 Casings or encasement are required for proposed utility crossings of existing or proposed major entrances to commercial facilities or residential subdivisions and dead-end streets regardless of the functional classification. Where commercial facilities or residential subdivisions have more than 1 entrance, requirement for casing may be waived

on the DelDOT Functional Classification Maps.

4.6.4.5.4 Jacked or bored installations of coated carrier pipes shall be cased.

4.6.4.5.5 Encasement, a sleeve, or other suitable protection shall be given for any pipeline with less than minimum cover, across unstable or subsiding ground, or near other locations where hazardous conditions may exist.

4.6.4.5.6 An exception request shall not be required under the following conditions:

4.6.4.5.6.1 Where cathodically protected welded steel pipe, designed in accordance with loading and sizing requirement of subsection 4.6.4.5.6, is used as carrier pipe, casing or encasement is not required.

4.6.4.5.6.2 Utility crossings of carriers less than 2 inches in diameter are not required to provide casing or encasement.

4.6.4.5.6.3 Where carrier pipes have been designed to support the load of the highway plus superimposed loads thereon when the pipe is operated under all ranges of pressure from maximum internal to 0 pressure, casing may be waived. These installations should employ a higher factor of safety in the design, construction and testing than would normally be employed for typical carrier construction.

4.6.4.6 Casing Placement

4.6.4.6.1 Casings shall extend at least 5 feet beyond the curb, pavement, projected fill slopes, or ditch lines to assure proper support of roadways during any repairs to pipelines. For all access-controlled highways, the casing shall extend from public right-of-way line to public right-of-way line.

4.6.4.6.2 If necessary, the utility shall acquire enough right-of-way or private easements to remove or replace the utilities

tend at least 5 feet beyond the curb, pavement, projected fill slopes, or ditch lines to assure proper support of roadways during any repairs to pipelines. For all access-controlled highways, the casing shall extend from public right-of-way line to public right-of-way line.

4.6.4.6.2 If necessary, the utility shall acquire enough right-of-way or private easements to remove or replace the utilities.

4.6.4.7 Casing Types

4.6.4.7.1 Casings shall be designed to support the load of the highway and superimposed loads thereon and at least equal the structural requirements for highway drainage facilities. Corrugated materials shall not be allowed.

4.6.4.7.2 Hazardous Transmittants. The casings for facilities transmitting hazardous materials shall be of steel pipe of standard manufacture. The joints shall be welded or fused sealed around the entire circumference of the pipe as industry standards and regulations allow. Natural gas facilities may be cased with polyethylene pipe of a design to sustain the live and dead loads currently used in Delaware highway design.

4.6.4.7.3 Non-Hazardous Transmittants. The casings for facilities transmitting non-hazardous materials shall be of a design to sustain the live and dead loads currently used in Delaware highway design. Materials include steel pipe, reinforced concrete pipe, cast iron pipe, polyethylene pipe, fused PVC, and ductile iron pipe.

4.6.4.8 Casing Installation

4.6.4.8.1 All pipeline installations shall conform to the applicable regulations pertaining to the type of installation being constructed.

4.6.4.8.2 Other requirements for installation are as follows:

stallations shall conform to the applicable regulations pertaining to the type of installation being constructed.

4.6.4.8.2 Other requirements for installation are as follows:

4.6.4.8.2.1 Sealing of Casing. Casing pipe over 4 inches in diameter shall be sealed at the ends with a flexible material to prevent flowing water and debris from entering the annular space between the casing and the carrier. Where carrier pipes that carry hazardous transmittance are cased, the casing pipes shall be provided with a screened vent on each end that is as near as feasible to the public right-of-way boundaries. Sealing of casings is required where daylight drains are not permitted due to type of transmittant or lack of approved outfall location.

4.6.4.8.2.2 Drains. Drains shall be provided for casings and tunnels enclosing carrier pipes, containing liquid, liquefied gas, or heavy gas, where daylight drains to an approved outfall location are permitted for the type of transmittant. Drains may not outfall into roadside ditches. Outfall may not be used as a wasteway for purging the carrier unless specifically authorized by a National Pollutant Discharge Elimination System (NPDES) permit.

4.6.4.8.2.3 Vents. Where carrier pipes that carry combustibles are cased, the casing pipes shall be provided with screened vents that are as near as feasible to the public right-of-way lines and placed in accordance with subsection 4.5.2.3 of this regulation. Other requirements are as follows:

4.6.4.8.2.3.1 Vents required for cased pipes shall be located at the high end of casings less than 150 feet long and at both ends of casings longer than 150 feet.

4.6.4.8.2.3.2 Vent standpipes and warning markers shall be located and constructed so as not to interfere with the maintenance of the highway nor be concealed by vegetation

n 4.5.2.3 of this regulation. Other requirements are as follows:

4.6.4.8.2.3.1 Vents required for cased pipes shall be located at the high end of casings less than 150 feet long and at both ends of casings longer than 150 feet.

4.6.4.8.2.3.2 Vent standpipes and warning markers shall be located and constructed so as not to interfere with the maintenance of the highway nor be concealed by vegetation.

4.6.5 Electric, Communication and Cable Television

4.6.5.1 The requirements discussed in subsection 4.6 of this regulation describing installations and maintenance of pipelines crossing highway rights-of-way as related to casings, markers, and installations shall be applied to underground electric, cable television, and communications lines.

4.6.5.2 Burial Methods. Where the burying of cable is permitted along the edge of pavement, it may be done by plowing or trenching methods. The nearest edge of the trench shall be at least 5 feet from the edge of the pavement. Plowing or trenching for longitudinal installations shall be located on a uniform alignment relative to the centerline of the roadway or traveled way between intersecting roads. Except where prohibited by documented citations from applicable regulations, utilities shall coordinate and collocate facilities in joint trenches, conduit runs, or duct banks.

4.7 Attachments to Bridges and Other DelDOT Highway or Ancillary Structures

4.7.1 General

4.7.1.1 Attaching utility facilities to a highway structure can materially affect the structure, the safe operation of traffic, and the efficiency of maintenance, safety inspections, and structural repairs.

4.7.1.2 New attachments of utility facilities shall not be allowed on existing structures. If a utility believes there is no feasible alternative the exception process outlined in subsection 4.9 of this regulation shall be followed

o a highway structure can materially affect the structure, the safe operation of traffic, and the efficiency of maintenance, safety inspections, and structural repairs.

4.7.1.3 Utility facilities shall not be attached to ancillary structures owned or maintained by DelDOT including above-ground structures like sign structures, streetlights, and camera poles.

4.7.1.4 DelDOT may enter into an agreement to reimburse the utility to design and inspect facility support and protection during DelDOT projects as described in subsection 6.3 of this regulation. Refer to the OSHA Technical Manual for requirements.

4.7.1.5 The utility shall have an executed utility attachment agreement prior to attaching any utility to a DelDOT highway or ancillary structure.

4.7.2 Structure Reconstruction and New Construction. If attachment is allowed, the utility shall agree to the terms of the attachment as dictated by DelDOT and outlined in an executed utility attachment agreement. Terms shall include reimbursement responsibilities and contractor selection. See Section 6.0 of this regulation for requirements associated with DelDOT highway construction projects.

4.7.3 Existing Structures. The following policies apply to utilities on existing structures:

4.7.3.1 Existing utilities attached to a structure can remain if they are not impacted by a DelDOT project.

4.7.3.2 Existing utilities shall be relocated off the structure if DelDOT's project requires either temporary or permanent relocation.

4.7.3.3 Any utility that plans to replace a facility attached to a structure shall relocate the facility off the structure.

4.7.3.4 The utility shall submit their choice of contractor to the District Public Works Engineer or designee on its choice of contractor and have the District Public Works Engineer's consent

the structure if DelDOT's project requires either temporary or permanent relocation.

4.7.3.3 Any utility that plans to replace a facility attached to a structure shall relocate the facility off the structure.

4.7.3.4 The utility shall submit their choice of contractor to the District Public Works Engineer or designee on its choice of contractor and have the District Public Works Engineer's consent. The utility shall pay for DelDOT inspection, and DelDOT inspector on site during the construction.

4.7.3.5 Utilities may request exception for attached facilities in accordance with the exception procedures outlined in subsection 4.9 of this regulation.

4.8 Preservation and Restoration

4.8.1 Preservation

4.8.1.1 Utilities shall get a permit for spraying, cutting, and trimming trees and vegetation located within DelDOT-maintained portions of public rights-of-way.

4.8.1.2 Where tree or vegetation removal is permitted, stumps and associated root mat shall be removed, and the resulting holes shall be properly backfilled in accordance with the DelDOT Standard Specifications. Requirements for tree removal may be different within the limits of a State-regulated dam and shall be coordinated with the DNREC Dam Safety Engineer.

4.8.1.3 When working under a permit for spraying, cutting, or trimming trees or vegetation, utilities shall follow the ANSI Standard A300 (Part 1) 2017 entitled Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices for vegetation management.

4.8.1.4 For all utility related projects and maintenance activities on existing highway alignments, tree removal or vegetation within DelDOT-maintained portions of public right-of-way shall be avoided where feasible. Utilities shall evaluate the potential for any removed trees to be replaced, within suitable areas of DelDOT-maintained portions of public right-of-way, in accordance with 17 Del.C. §§ 201-211. Trees or other unapproved vegetation will not be allowed to be replanted within the limits of a State-regulated dam

within DelDOT-maintained portions of public right-of-way shall be avoided where feasible. Utilities shall evaluate the potential for any removed trees to be replaced, within suitable areas of DelDOT-maintained portions of public right-of-way, in accordance with 17 Del.C. §§ 201-211. Trees or other unapproved vegetation will not be allowed to be replanted within the limits of a State-regulated dam.

4.8.1.5 Utilities shall ensure that appropriate erosion control devices are in place before work starts and properly maintained during construction. The surface area disturbed by utility installations or relocations shall be kept to a minimum.

4.8.1.6 Utility installations shall be performed in a manner as to not disturb the existing highway or private drainage facilities. Any damage to the facilities by the utility company or its subcontractors shall be repaired to the satisfaction of DelDOT at the utility company's expense.

4.8.1.7 Utilities shall provide protection for all elements in the public right-of-way and shall repair anything damaged within the DelDOT-maintained portions of public right-of-way.

4.8.2 Restoration

4.8.2.1 Damage to highway traveled way, shoulders, and drainage features caused by utility installations or repairs shall be immediately restored to their original condition unless conditions such as cold weather warrant temporary restoration. Temporary restoration is required prior to reopening an area to traffic at the end of a construction phase or work shift. The temporary roadway restoration shall be performed immediately to ensure a drivable condition with asphalt pavement material and made flush with the surface of the roadway or as otherwise agreed to by the District Public Works Office for permit projects. The utility shall complete all permanent restoration within 30 days, or as directed by the Public Works Engineer. If utilities have not completed restoration within 30 days, noncompliance regulations as discussed in subsection 4.10 of this regulation will take effect

al and made flush with the surface of the roadway or as otherwise agreed to by the District Public Works Office for permit projects. The utility shall complete all permanent restoration within 30 days, or as directed by the Public Works Engineer. If utilities have not completed restoration within 30 days, noncompliance regulations as discussed in subsection 4.10 of this regulation will take effect. Temporary patches from winter months shall be permanently restored by May 15 before noncompliance action as outlined in subsection 4.10 of this regulation will be taken. Damage to roadside areas in the DelDOT-maintained portions of public right-of-way shall be repaired as specified by the District Public Works Section.

4.8.2.2 Restoration is also necessary when utilities are working on active DelDOT highway construction projects. The construction engineer will determine any necessary repairs and timeframes for work associated with active DelDOT highway construction projects. A project is considered active until DelDOT's final acceptance, after which it is considered complete.

4.8.2.3 Utilities shall restore any damaged areas to a state equivalent to or better than roadway conditions prior to utility work. Utility restoration work that involves pedestrian facilities must comply with the additional ADA requirements of subsection 4.5.2.2 of this regulation. For examples of ADA responsibility associated with Utility restoration work, see Appendix C, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-C.pdf . In all cases, the District Public Works Section will determine the extent of restoration required for the area of permit projects located within DelDOT-maintained portions of public rights-of-way. Utilities will conduct all work at their expense and in accordance with the appropriate DelDOT Standard Specifications and Standard Construction Details.

4.8.2.4 After satisfactory completion, utilities shall maintain non-pavement restoration for 12 months

determine the extent of restoration required for the area of permit projects located within DelDOT-maintained portions of public rights-of-way. Utilities will conduct all work at their expense and in accordance with the appropriate DelDOT Standard Specifications and Standard Construction Details.

4.8.2.4 After satisfactory completion, utilities shall maintain non-pavement restoration for 12 months. Furthermore, utilities must maintain pavement patches in areas impacted by utility work including Pedestrian Access Routes (PAR) such as sidewalks for a period of 3 years.

4.8.2.5 Traveled Way - General. To maintain traffic, not more than 1 lane of traffic shall be closed at a time whenever a traveled way is cut unless a detour plan is approved by DelDOT to allow the highway to be closed. All crossroad cuts for utilities will be made perpendicular to the longitudinal centerline of the traveled way, and trenches shall be cut to have vertical faces where soil and depth conditions permit. All roadway patches shall meet the requirements outlined for permanent patches in the DelDOT Standard Construction Details and Standard Specifications. Patches shall match the applicable detail for the existing pavement material cross section, extend the required minimum length from the outside edges of the pipe (as measured along the roadway centerline) and include the full width of the lane or lanes disturbed. To ensure integrity of the roadway and to minimize future maintenance issues, the District Public Works or DelDOT Construction personnel may require pavement restoration areas to be extended beyond what is outlined in the Standard Construction Details if there are multiple cuts in roadways within proximity to one another. DelDOT can require resurfacing of the roadway up to a maximum of 100 feet (as measured along the roadway centerline) on each side of a trench crossing a highway to tie into an existing joint line. Any lane encroachment of 1 foot or more requires restoration of the full lane width

s outlined in the Standard Construction Details if there are multiple cuts in roadways within proximity to one another. DelDOT can require resurfacing of the roadway up to a maximum of 100 feet (as measured along the roadway centerline) on each side of a trench crossing a highway to tie into an existing joint line. Any lane encroachment of 1 foot or more requires restoration of the full lane width. Before reopening the lane, the area shall be made usable for traffic.

4.8.2.6 Flowable Fill. Flowable fill can be used for restoration of crossroad cuts with approval from DelDOT. Flowable fill shall meet the requirements of DelDOT's Standard Specifications. Flowable fill shall not be used around flexible pipes unless stone is placed 1 foot around and above the flexible pipe.

4.8.2.7 Temporary Highway Patches

4.8.2.7.1 If immediate repairs to the traveled way are not feasible and if the District Public Works Section concurs, a temporary patch may be used until permanent repairs are completed. The minimum design requirements for temporary patches include at least 8 inches of compacted graded aggregate overlaid by at least 2 inches of Type C asphalt pavement material. When weather conditions prohibit the use of this mix, District Public Works may approve 10 inches of compacted graded aggregate overlaid by at least 2 inches of cold patch mix in certain locations. In all cases, greater patch sections may be required by the district engineer, the utilities engineer, or the Construction Section.

4.8.2.7.2 Trench width and backfill requirements shall meet those outlined for permanent patches in the DelDOT Standard Construction Details and Standard Specifications.

4.8.2.8 Surface Treatments and Patches

Construction Details and Standard Specifications.

4.8.2.8 Surface Treatments and Patches

4.8.2.8.1 Permanent crossroad or longitudinal utility patches for surface-treated asphalt pavement, portland cement concrete (PCC) pavement and asphalt pavement overlays on PCC pavements shall be as described in the DelDOT Standard Specifications and in accordance with the DelDOT Standard Construction Details. These are minimum patch requirements unless otherwise directed by the District Public Works office for permits, or the DelDOT Utility Section or the DelDOT Construction Section for work associated with DelDOT Highway Construction Projects. If the existing roadway has a thicker cross section than indicated in the detail, it shall be replaced with the same cross section or as directed by the District Public Works Section for permit work, or the DelDOT Utility Section or the DelDOT Construction Section for DelDOT Highway Construction Projects.

4.8.2.8.2 The compaction requirements for both the patch material and the backfill material are covered in DelDOT's Standard Specifications.

4.8.2.8.3 An appropriate saw shall be used to make a vertical, full depth cut in the pavement to ensure a straight, clean, vertical surface.

4.8.2.9 Roadsides

4.8.2.9.1 All areas disturbed in the DelDOT-maintained portions of public right-of-way shall be restored to conditions at least equivalent to those existing prior to construction or utility work. Utility restoration work that involves pedestrian facilities must comply with the additional ADA requirements of subsection 4.5.2.2 of this regulation. For examples of ADA responsibility associated with Utility restoration work, see Appendix C, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-C.pdf . The restoration shall occur as soon as the work is completed. For projects that are longitudinal, the restoration shall occur in order with installation

ents of subsection 4.5.2.2 of this regulation. For examples of ADA responsibility associated with Utility restoration work, see Appendix C, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-C.pdf . The restoration shall occur as soon as the work is completed. For projects that are longitudinal, the restoration shall occur in order with installation. Areas not restored within 30 days of disturbance will be considered non-compliant, unless prior approval for delayed restoration has been obtained from the District Public Works Section for permit work, or the DelDOT Utility Section or DelDOT Construction for DelDOT highway construction projects.

4.8.2.9.2 Trenching, pipe bedding and permanent patching shall be done in accordance with the DelDOT Standard Construction Details.

4.8.2.9.3 Trenches shall be backfilled or covered immediately after installation of the utility facility. They may not be left open overnight because they pose a hazard to the public. Steel plates may be utilized in accordance with the DelDOT Standard Construction Details including restrictions on dates of use.

4.8.2.9.4 The backfill material and compaction method shall meet the requirements of the DelDOT Standard Specifications.

4.8.2.9.5 Excavated material not meeting the requirements for backfill shall be removed from the area immediately after excavation. Material that is satisfactory for backfill shall be stockpiled in a safe and orderly manner. For permit work, District Public Works can approve storage on the roadway if necessary. For work related to a DelDOT highway project, DelDOT Construction can approve. Material stockpiled in the immediate work area shall not pose a hazard to the traveling public. All materials shall be stockpiled in accordance with the rules established by the DE MUTCD.

4.8.2.9.6 The utility company shall be responsible for the removal and disposal of all unsuitable material. The utility company shall be responsible for supplying and installing suitable material

ion can approve. Material stockpiled in the immediate work area shall not pose a hazard to the traveling public. All materials shall be stockpiled in accordance with the rules established by the DE MUTCD.

4.8.2.9.6 The utility company shall be responsible for the removal and disposal of all unsuitable material. The utility company shall be responsible for supplying and installing suitable material.

4.8.2.10 Manholes and Valve Boxes

4.8.2.10.1 Where manholes or valve boxes are repaired in pavement areas, backfill shall be placed in 8-inch layers (loose measurement) and thoroughly compacted. The backfill material (Type C Borrow) and compaction method shall meet the DelDOT Standard Specifications.

4.8.2.10.2 During construction, areas around manhole lids and valve boxes shall be dug by a non-destructive method. The details of proper roadway patching around manhole lids are shown in Appendix G, located at https://deldot.gov/Business/drc/manuals/utilities-manual-2024/Utility_Regs_2024_Appendix-G.pdf .

4.8.2.11 Test Holes

4.8.2.11.1 For DelDOT highway construction projects, test holes shall be performed in accordance with the ASCE 38-22 standard.

4.8.2.11.2 Test holes shall be dug by a nondestructive method such as by vacuum removal in a hole less than 36 square inches. The repair shall be only the size of the hole. The fill shall be compacted in lifts, and the same amount of stone, asphalt pavement, concrete, etc., as the existing roadway, shall be replaced in accordance with the Standard Specifications. Hydro excavation of test holes shall not be permitted within the DelDOT-maintained portions of public right-of-way.

4.8.2.11.3 Small holes, up to 2 inches in diameter, bored in the surface for any type of utility testing or maintenance shall be repaired with a flexible embedding sealer (cold poured resilient type epoxy joint sealer) or standard methods approved by the District Public Works Section

Hydro excavation of test holes shall not be permitted within the DelDOT-maintained portions of public right-of-way.

4.8.2.11.4 Depending on the quantity and location of the test holes, additional restoration may be required as directed by Public Works, the utility engineer, or DelDOT Construction. Similarly, if a restored test hole is not holding up within time frames outlined in subsection 4.8.2.4 of this regulation, additional restoration shall be required as directed by the District Public Works office for permits, or the DelDOT Utility Section or DelDOT Construction for work associated with DelDOT highway projects.

4.8.2.11.5 Key holing of test holes where pavement is cored, vacuum excavation occurs, facility is located, hole is backfilled, and core is epoxied back in place may be permitted upon approval by Public Works for permit work, the utilities engineer for DelDOT highway construction projects in design or the DelDOT construction engineer for DelDOT highway construction projects in construction. In this situation, key holed pavement shall not exceed 18 inches in diameter.

4.8.2.12 DelDOT Highway Construction Projects

4.8.2.12.1 The restoration requirements defined in this chapter apply to the placement of utilities on DelDOT-maintained portions of existing public rights-of-way. Where utility relocations and adjustments are made in conjunction with a DelDOT highway construction project, some portions of the restoration by the utilities may be unnecessary. In these circumstances the DelDOT Utilities Section or DelDOT Construction Section will direct which portions of the restoration requirements may be waived

on DelDOT-maintained portions of existing public rights-of-way. Where utility relocations and adjustments are made in conjunction with a DelDOT highway construction project, some portions of the restoration by the utilities may be unnecessary. In these circumstances the DelDOT Utilities Section or DelDOT Construction Section will direct which portions of the restoration requirements may be waived.

4.8.2.12.2 The utility company is responsible for restoring all sedimentation and erosion control measures to their original conditions and for maintaining temporary patches.

4.8.2.13 Sidewalks and Shared Use Paths

4.8.2.13.1 Temporary patches of sidewalk and shared-use paths shall be of a material that is firm, stable and slip-resistant.

4.8.2.13.2 The DelDOT Standard Construction Details illustrate the requirements of sidewalks and shared-use paths. Note that this is a minimum patch unless otherwise directed by the District Public Works office for permits, or the DelDOT Utility Section or DelDOT Construction for work associated with DelDOT highway projects. If the existing sidewalk or path has a thicker cross section or is wider than indicated in the detail, it shall be replaced with the same cross section or width or will be repaired as directed by the District Public Works Section for permit work or the DelDOT Utility Section or DelDOT Construction for DelDOT highway projects.

4.9 Exception or Deviation

4.9.1 If the utility company feels that due to hardship or where this regulation conflicts with other regulations or code requirements, an exception or deviation to the requirements of this regulation is necessary, the utility shall submit a request, for deviation from or exception to the standards described in this regulation to DelDOT. The exception request shall be in writing and must include full justification surrounding the hardship and alternatives evaluated to arrive at the proposed solution

gulations or code requirements, an exception or deviation to the requirements of this regulation is necessary, the utility shall submit a request, for deviation from or exception to the standards described in this regulation to DelDOT. The exception request shall be in writing and must include full justification surrounding the hardship and alternatives evaluated to arrive at the proposed solution. It is the utility's responsibility to provide enough information to evaluate the hardship as basis for the exception request. The exception request shall address the following:

4.9.1.1 Where a conflict between this regulation and other statutory or regulatory standards exists.

4.9.1.2 The extent to which the utility facility complies with the provisions of this regulation and AASHTO policies.

4.9.1.3 The direct and indirect environmental and economic effects of any loss of productive land use or public benefit which may result from disapproving the use of the public right-of-way.

4.9.1.4 Why any other utility location would be extremely difficult and unreasonably costly for the utility consumer.

4.9.1.5 How the utility's installation will not adversely affect the design, construction, stability, traffic safety, or operation of the public right-of-way.

4.9.2 The DelDOT section responsible for the work being performed will assess the situation and provide recommendations.

4.9.2.1 For permit work, the written justification and any other pertinent information shall be sent to the District Public Works Office. Disputes arising from exception or deviation requests shall follow the chain of command as outlined in subsection 4.2.3 of this regulation.

4.9.2.2 For DelDOT highway construction projects, the written justification and any other pertinent information shall be sent to the utilities engineer. Disputes arising from exception or deviation requests shall follow the chain of command as outlined in subsection 4.2.3 of this regulation

or deviation requests shall follow the chain of command as outlined in subsection 4.2.3 of this regulation.

4.9.3 An approval for a hardship request is not a blanket approval for similar situations. The utility shall submit a request each time an exception or deviation is desired.

4.9.4 If a utility facility placed in accordance with an exception or deviation is impacted by a future DelDOT highway construction project, the utility shall be relocated or a new exception be obtained.

4.10 Non-Compliance. If a utility fails to comply with any of the conditions, restrictions, or regulations prescribed by DelDOT and stated in this regulation without an approved exception as outlined in subsection 4.9 of this regulation, the following actions may be taken:

4.10.1 If the non-compliance is the result of an emergency, see subsection 4.3.6 of this regulation for timeframes associated with responses.

4.10.2 If the non-compliance has a direct effect on public safety or impedes the flow of traffic, the utility shall take actions to address the noncompliance within 4 hours of being notified of it. If DelDOT determines immediate actions are required to protect the safety of the traveling public and the utility has not responded, then DelDOT may perform the work and take any action necessary to protect the traveling public. All costs associated with this shall be borne by the non-compliant utility.

4.10.3 If the utility does not meet a deadline, DelDOT may do the work or have the work performed by a contractor of DelDOT's choosing and charge the utility for the work

f the traveling public and the utility has not responded, then DelDOT may perform the work and take any action necessary to protect the traveling public. All costs associated with this shall be borne by the non-compliant utilit

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