For highways on the Kentucky State Highway System that lack full access control, if a utility company or other entity wants to perform work which falls outside the scope of routine maintenance it must obtain a permit from the Department of Highways (DOH). Routine maintenance encompasses short-duration activities that do not involve excavation, traffic disruption, tree cutting or trimming, or the use of chemicals.

If a utility company wants to attach a new facility to an existing utility pole, to secure a permit from DOH it may be required to submit attachment agreements or letters of acknowledgment from utility pole owners.

2.1 New or Relocated Utility Facilities

Installations of new or relocated longitudinal facilities (i.e., utility features that run alongside a roadway) must be:

• Located behind the ditch and toe of slope as near to the edge of the ROW as practical, or
• In designated utility strips.

New or relocated longitudinal facilities must NOT:

• Be installed underneath the pavement, shoulder areas, or ditches.

Several other rules apply to longitudinal utility installations:

• New pole lines must be located outside the clear zone.
• Utilities, other than storm sewers, must not be placed in medians.
• With certain restrictions, utilities are permitted to cross any roadway.
• When practical, facilities should cross perpendicular to a highway alignment and — preferably — under the roadway.

2.2 Existing Longitudinal Utilities Located Underground Inside of Ditches

Except for routine maintenance, existing longitudinal facilities located underground inside ditches on the ROW cannot be upgraded, modified, or improved.

If these facilities will remain on the ROW, they must be relocated away from the insides of ditches and installed in accordance with DOH policy for new underground utility installations.

2.3 Entrance Treatments

Crossroads or entrances adjacent to mainline roadways that are paved with concrete or bituminous surfaces must be bored. If a District permit engineer determines boring is not feasible, exceptions may be made.

If traffic-bound base is present, the open cut method may be used if it is maintained in a traversable condition during construction and returned to the equivalent of its original condition when the work is finished.

2.4 Restoration of Right of Way

When a permittee disturbs ROW during the construction, relocation, or maintenance of a facility, they are responsible for its restoration. Restoration entails the following:

• Returning the ground to original grade
• Sodding or seeding grass per Standard Specifications
• Restoring pavement per the permit requirements
• Restoring sidewalk facilities so they comply with the American with Disabilities Act (ADA)

2.5 Frontage Right Requirements

Permits to install an encroachment on the ROW extending in front of the property of others will not be issued until the permittee submits an application that contains either the signature of the owners indicating their approval or a copy of the recorded easement.

This requirement is waived if the permittee is a governmental agency or public utility company that is installing facilities that will serve the public. But if the facilities will be private, permittee is subject to the frontage rights requirement.

2.6 Emergency Work

DOH may grant temporary exceptions for utility pole and appurtenances, loading standards, and splices to expedite opening of a state route in an emergency. The Chief District Engineer (CDE) or their designee has the authority to decide if a situation is an emergency.  For emergencies on interstate routes, the District must notify Central Office Permits and Central Office Permits, which in turn must notify FHWA. Once emergency work is complete, utility owners must begin the permitting process to remove all temporary material within the ROW and to reconstruct facility to comply with this policy. Utility owners must adhere to timeline set by the District for correction of emergency work. 

3.1 New Longitudinal Utility Installations

DOH will not permit longitudinal utility installations along the ROW of interstates or other highways with full access control, unless the application is supported by an engineering study prepared by a registered professional engineer that demonstrates the facility will NOT:

• Adversely affect the highway’s safety, design, construction, operation, maintenance, or stability
• Be constructed or serviced by direct access from through traffic roadways or connecting ramps.
• Cause traffic stoppages during the facility’s construction, operation, or maintenance.
• Interfere with or impair the highway’s present use or future expansion.

DOH will not permit a new longitudinal utility facility if a practical alternative location is available.

3.2 Existing Overhead Utility Crossings

Overhead utility lines that have been properly permitted may be serviced or upgraded. A new permit is required each time work on the ROW is proposed, and the proposed installation must meet the following design criteria:

• All spans within the ROW are independent of any approach spans and are self-supporting.
• Ancillary equipment cannot be installed on the ROW.
• No conductor splices within the ROW.
• Support structures for overhead utility lines are not on the ROW, unless authorized by the State Highway Engineer and, when applicable, FHWA. If allowed, they must be outside the clear zone as designated in the current edition of AASHTO’s Roadside Design Guide.
• The vertical clearance of overhead utility lines is at least 24 feet as measured from the surface of the travelled way and shoulders.
• Stamped and signed engineering drawings of the crossing showing plan and profile views of the facility are submitted.
• Plans include a statement that the proposed facility meets National Electrical Safety Code Grade B as well as all DOH permit requirements identified in PE-302.

3.3 New Overhead Utility Crossings

On highways with full access control, DOH prefers that new facility crossings be installed underground. New overhead utility crossings may be allowed if the utility owner demonstrates the proposed facility meets criteria outlined for existing overhead crossings. An engineering study prepared by a registered professional engineer must be submitted as well and show that the facility meets the following criteria:

• No Adverse Effects
  • Under normal operating conditions, the utility facility will not adversely affect the highway’s safety, design, construction, operation, maintenance, or stability.
• Construction/Servicing
  • The facility will not be constructed or serviced from through traffic roadways or connecting ramps. Access to utility poles from interstate ROW is executed as part of an approved Temporary Traffic Control Plan (TTCP).
• Traffic Disruption
  • The methods and timing of facility construction, operation, and maintenance will minimize traffic disruptions and not cause stoppages. Proposed traffic impacts must be planned and executed as part of an approved TTCP and scheduled to minimize their effects.
• No Interference
  • The facility will not interfere with or impair the highway’s present use or future expansion.
• Alternative Location Not in the Public Interest
  • A new overhead crossing will not be permitted if a practical alternative location is available.

3.4 Underground Utility Facilities

Underground facilities must comply with the following criteria:

• Open trenching is not allowed in the clear zone.
• Underground longitudinal installations cannot be located under the pavement, shoulder areas, or ditches.
• Valves, vents, drips, blow-oofs, etc., are located outside the ROW.
• Except for routine maintenance, upgrades, improvements, or modifications are prohibited for existing underground longitudinal installations located within ditches on the ROW. Existing utility facilities must be relocated from inside ditches and installed in accordance with DOH policy for new underground utility installations if they will remain on the ROW.
• Encasement of utility lines under the highway ROW is required except for the following:
  • Natural gas/petroleum fraction lines
  • Electrical, cable, phone, fiber optic, and other utility lines encased in conduit
• Depth Requirements
  • Underground electrical lines must be at least 60 inches under roadways, ramps, and ditch lines. The minimum depth for underground electrical lines in all other areas is 42 inches, unless the National Electrical Safety Code requires additional depth.
  • PE-304 specifies minimum depths for natural gas and petroleum fraction lines.
  • The minimum depth for all other underground facilities is 42 inches.

3.5 Design Considerations & Construction Methods

Crossings must adhere to the following design principles and construction methods:

• Casing diameter provides a minimum of 4 inches between the casing pipe interior and the largest outside diameter of the carrier pipe (including bells) to allow for deflection of the casing pipe and installation of casing spacers.
• Adequate spacing is provided at the ends of the casing pipe to accommodate future pipe replacement.
• The casing pipe has a minimum strength of 35,000 psi and meets American Water Works Association C200 specifications for steel encasement. In locations where steel is not feasible, SDR 9 or thicker high-density polyethylene (HDPE) pipe may be used. Other casing pipe material is considered on a site-by-site basis.
• Construction methods or materials limit voids in the roadway foundation.
• No bell, spigot pipe, or other pipe that does not have a uniform outside diameter is permitted in bored or augured installation unless they are encased.
• Bore diameter can be no more than one (1) inch larger than the outer diameter of the encasement. Larger bore diameters may be considered on a case-by-case basis, but the proposed construction methods and materials must be consistent with the objective of limiting voids in the roadway foundation.
• When work is complete, all facilities are returned to the equivalent of their original condition.

4.1 General

General requirements for facility installations on highways without full access control are summarized below: 

• Overhead Requirements
  • DOH designates permissible overhead facility installations on the ROW. The vertical clearance of an overhead utility crossing on a non-fully controlled highway is a minimum of 18 feet, but in no case may the clearance be less than National Electrical Safety Code requirements.
• Depth Requirements
  • The minimum depth for underground electrical lines is 60 inches under roadways, ramps, and ditch lines. The minimum depth for underground electrical lines in all other areas is 42 inches, unless the National Electrical Safety Code requires additional depth.
  • PE-304 specifies minimum depths for natural gas and petroleum fraction lines.
  • Under roadways, ramps, ditch lines, and all other areas, the minimum depth for all other underground facilities is 42 inches.
  • Exemptions for depth requirements are made only where terrain is such that requirements are impractical and where shallower installations will not interfere with the highway maintenance or safety. Exceptions must be approved by the State Highway Engineer.
• Utility Installations
  • Utilities may be permitted longitudinally within, as well as across, ROW limits provided they do not interfere with safe use of the roadway, median, and shoulder areas. Permitted utility installations cannot interfere with maintenance operations or aesthetics.
• Longitudinal installations of new or relocated utility facilities under pavement, shoulder areas, or ditches are not permitted.
• Except for routine maintenance, upgrades, improvements, or modifications are prohibited for existing longitudinal facilities located underground within ditches on the ROW. Existing facilities must be relocated from inside ditches and installed in accordance with DOH policy for new underground installations if they are to remain on the ROW.
• Traffic Impact
  • A facility cannot disrupt traffic during its construction, operation, or maintenance without DOH consent.
• Open Trenching:
  • The traveled way or shoulders cannot be excavated by the open trench method without DOH approval; they must be backfilled with flowable fill. Where flowable fill is unable to dissipate bleed water, other methods may be used with DOH approval.

4.2 Encasement of Utilities

Requirements for encased facilities are summarized below.

• An encasement is required for any new water, sewer, or drainage pipe installation within the ROW under the following scenarios:
  • The installation crosses state highways
  • The installation crosses railroads, unless permitting requirements by other applicable agencies prohibit encasement
  • Water crossings (unless the District deems the location impractical for encasement due to terrain or permitting requirements by other applicable agencies prohibit encasement)
  • Shallow depth of cover under any surface used by vehicles (e.g., under roadways, shoulders, local side streets, or entrances)
  • Lack of adequate clearance from existing utilities, as required by the Kentucky Public Service Commission
• Encasement of utility lines may not be required for the following:
  • Natural gas/petroleum fraction lines (PE-304)
  • Longitudinal facilities outside the ditch line
  • Pipe crossings ≤ 2 inches in diameter, unless the District deems it necessary
  • Electrical, cable, phone, fiber optic, and other lines encased in conduit
  • Replacement of existing water, sewer, or drainage pipe inside the edge of pavement where constructability or future maintenance access may be a concern. The District has discretion in making decisions about these types of installations.

4.3 Design Considerations & Construction Methods

Encasements must adhere to following design principles and construction methods: 

• Casing diameter provides a minimum of 4 inches between the inside of the casing pipe and the largest outside diameter of the carrier pipe (including pipe bells) to allow for deflection of the casing pipe and installation of casing spacers
• Casing pipe extends from ditch line to the ditch line for roadway crossings. Districts have the authority to consider exceptions, up to a minimum of 3 feet beyond edge or pavement back of curb on each side of the roadway.
• Where Districts determine terrain makes it impractical to extend the casing pipe to the back of the ditch line, extend the casing pipe to the bottom of the slope.
• Provide adequate spacing at the ends of the casing pipe to accommodate future pipe replacement
• Use a removable watertight boot to close both ends of an encasement pipe.
• Casing pipe has a minimum strength of 35,000 psi and meets American Water Works Association C200 specifications for steel encasement. Where steel is not feasible, SDR 9 or thicker HDPE may be used. Other casing pipe material is considered on a site-by-site basis.
• Use construction methods or materials that limit voids in the roadway foundation
• No bell or spigot pipe that does not have a uniform outside diameter is permitted in bored or augured installation unless they are encased.
• Bore diameter can be no more than one (1) inch larger than the outer diameter of the encasement. Larger bore diameters may be considered on a case-by-case basis as long as the proposed construction methods and materials are consistent with limiting voids in the roadway foundation
• When work is complete, return all facilities to the equivalent of their original condition.

5.1 New or Relocated Facilities

DOH may permit utility companies regulated by the Kentucky Public Service Commission to install longitudinal facilities on its ROW if all other policy requirements are met. However, DOH will not permit utility companies regulated by the Pipeline and Hazardous Materials Safety Administration (PHMSA) to install longitudinal facilities that transport natural gas or other explosive or flammable substances on its ROW. But DOH may permit these facilities to cross its ROW if a company obtains proper engineering certifications that attest to the proposed facility’s safety and design standards.

DOH will not permit utility companies that are not regulated by either the Kentucky Public Service Commission or the Pipeline and Hazardous Materials Safety Administration to install facilities on its ROW.

All permits must contain the following information:

• Material to be transferred
• Pipeline classification (transmission or distribution)
• Controlling regulatory code (Kentucky Public Service Commission or PHMSA regulations)

5.2 Underground Facilities

New or relocated longitudinal installations under pavement, shoulders, or ditches are not permitted. Except for routine maintenance, longitudinal facilities located inside of ditches on the ROW cannot be upgraded, improved, or modified. Existing facilities must be relocated from the insides of ditches and installed in accordance with DOH policy for new underground utility installations if they are to remain on its ROW.

5.3 Transmission Lines

Transmission lines classified as Natural Gas or Petroleum Fraction lines must:

• Be constructed of coated steel carrier pipe
• Adhere to the design factor of Class IV per Part 49 CFR 192 on highways with full access control
• Adhere to the design factor of Class III per Part 49 CFR 192 on highways without full access control

When a company applies for a permit to install transmission-rated pipelines on the ROW, it must furnish engineering plans, specifications, and any other documentation requested by DOH for all proposed work on its ROW.

A proposal must include design calculations and the safety factor for the proposed installation. Plans must be stamped by a registered professional engineer certifying that the proposal meets requirements of either the Kentucky Public Service Commission or PHMSA.

5.4 Distribution Lines

Steel distribution lines designed to operate at a hoop stress of less than 20% of the specified minimum yield strength (SMYS) must be cathodically protected carrier pipe as per Part 49 CFR 192.105. Design specifications and calculations must be submitted with the permit and stamped by a registered professional engineer certifying that all requirements are met.

5.5 Polyethylene Pipes

Distribution lines may consist of polyethylene pipes (PE) if a proposal meets the Kentucky Public Service Commission and PHMSA requirements. PE pipes must be:

• Made of high-density or medium-density polyethylene
• Continuous or joined by an acceptable method
• Uniform in diameter
• Installed with a tracer wire or other reliable means of locating the pipe within ROW.

5.6 Depth Requirements

• On highways with full access control, lines the ROW must have at least 60 inches of cover.
• On highways without full access control, lines on the ROW must have at least 60 inches of cover if they are located under roadways, ramps, and ditch lines. In all other areas, they must have at least 42 inches cover.

DOH may allow waive these requirements if shallower burial depths will not interfere with highway maintenance or safety. If a permit applicant wants an waiver, they must prepare and submit an engineering study. These are approved by the State Highway Engineer and, when applicable, FHWA.

5.7 Encasement

All lines must be encased, except when at least one of the following criteria are met:

• Lines that are cathodically protected
• Lines that are 2 inches and less on highways without full access control
• Natural gas lines with cover of at least 60 inches
• Longitudinal pipes on highways without full access control
• Unusual circumstances where encasement is not feasible, as determined by DOH

Encasements must adhere to the following requirements:

• Uniform diameter (outside and inside) and constructed of material of sufficient wall thickness to support anticipated loads
• Cannot be damaged or deteriorated
• All encasement pipes must be large enough to allow the carrier pipe to be installed, removed, or replaced.
• Bore diameter cannot be more one (1) inch larger than the encasement’s outer diameter. Larger bore diameters may be considered on a case-by-case basis, as long as the proposed construction methods and materials will limit voids in the roadway foundation.
• Encasement pipes, where possible, must be sealed at each end to prevent material from entering the casing.
• Vent pipes must be installed and extend outwards as close to the edge of the ROW as possible.
• Plastic pipe installed within the ROW must have a tracer wire or other means of locating it.
• Longitudinal pipes with less than a 42-inch cover located outside of the ditch lines of highways without full access control may be permitted without casing on a case-by-case basis.

DOH may approve installations on bridges only after extensive engineering and economic research demonstrates all other means of accommodating facilities are impractical. Proposed installations are reviewed by the District bridge engineer and the Central Office Division of Maintenance Bridge Maintenance/Preservation Branch. Unless the State Highway Engineer and FHWA (if applicable) grant an exception, DOH will not approve pipeline installations that will transport combustible material such as gas, petroleum, or similar materials which are conveyed under pressure.

6.1 Requirements

• The highway interest cannot be compromised or sacrificed to position a facility that would deny or complicate access to any portion of the bridge for repairs or maintenance.
• All permanent installations must be placed below the elevation of the bridge floor, when possible. DOH permits installations on the outsides of beams or girders only where it is necessary for facility maintenance. Facilities in these locations must be located underneath the curb or sidewalk. Emergency temporary permits to the contrary expire one year from the date of issuance and are not renewable.
• Installations cannot be placed through the back walls of abutments under bridge approach pavements at elevations above the elevation of the bridge seat.
• All water carrier pipes must be properly insulated.
• Make adequate provisions for temperature-induced expansion and contraction by incorporating line bends, expansion couplings, or other approved means.
• Except for what is approved on submitted installation drawings, field welding is not permitted. All field welding must be performed by welders, qualified in accordance with DOH’s current specifications.
• No installation can be located where it will reduce a bridge’s vertical clearances above a stream, railroad rails, or pavement, unless approved by DOH.
• Properly insulate and shield all electrical transmission lines in conformance with current electrical codes. This protects maintenance personnel and eliminates any chance for bridge steel grounding stray current.
• Provide emergency shutoff valves, emergency switches, or automatic regulating devices at or near each bridge approach to prevent buildup of excessive liquid, gaseous pressure, or electrical current.

6.2 Review By Central Office Bridge Maintenance

The Bridge Preservation Branch with the Division of Maintenance reviews all requests for utility installations on bridges. A proposal must contain sufficient details for KYTC to evaluate it based on the following criteria:

• Weight
  • Proposed additional weight cannot cause the bridge to be posted for load restriction.
• Attachment
  • No drilling, welding, or torch cutting on beams is permitted.
• Corrosion:
  • Proposed attachment components each must provide a suitable method of corrosion inhibition (e.g., galvanization, epoxy-coating, stainless steel).
• Access
  • A proposed attachment cannot significantly impede inspection or maintenance access.

6.3 Annual Maintenance Inspection

Each year, a permittee must inspect all installations they placed on a structure to identify failures or needed maintenance. A utility company must submit a report of its findings to the District bridge engineer by March 1.

6.4 Immediate Repairs

If a District identifies gas or water leaks, electrical transmission deficiencies, or other problems that require immediate attention, staff must request the utility company make repairs.

If a utility company does not make repairs within the timeframe allotted by DOH, the District must request the District office legal counsel to send the permittee a legal notice. This notice should advise the permittee that if necessary repairs are not made immediately, DOH will revoke their permit and the facility will be removed at the owner’s expense.

Requested exceptions to utility installation policies will be evaluated on a case-by-case basis by the State Highway Engineer and, when applicable, FHWA. Policy exceptions are generally routed through the Central Office Permits Branch.

Permits Branch Homepage

KYTC Permits Contact Information

Utilities and Rails Guidance Manual

KYTC Utility Coordination Website

Utility Engineering and Coordination

Subsurface Utility Engineering (SUE)

Utility Coordination Deliverables

Tracking Utility Conflicts

Access Management for Existing Conditions