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Federal Highway Administration
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Washington, DC 20590
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Construction

Construction Program Guide

Utilities

It has been recognized that it is generally in the public interest for utility facilities to jointly use the right-of-way of public roads and streets when such use and occupancy does not adversely affect highway or traffic safety, or otherwise impair the highway or its aesthetic quality, and does not conflict with the provisions of Federal, State, or local laws and regulations. The opportunity for such joint use avoids the additional cost of acquiring separate right-of-way for the exclusive accommodation of utilities. As a result, the right-of-way of highways, particularly local roads and streets, is often used to provide public services to abutting residents as well as to serve conventional highway needs.

Authority/Legal Basis

  1. Laws
    • 23 USC 109(l) addresses the accommodation of utilities on the right-of-way of Federal-aid highways.
    • 23 USC 111 addresses agreements relating to use of and access to rights-of-way of the Interstate System
    • 23 USC 123 addresses reimbursement for the relocation of utility facilities necessitated by the construction of a project on any Federal-aid highway.
  2. Regulations
  3. Orders
    • None
  4. Policy
    • Memoranda
      • Headquarters Memorandum dated July 24, 1964; Subject: Utility Adjustment. Authority to advertise or to concur in award of contract is not to be issued until the utility work is complete or there is adequate evidence that all necessary arrangements have been made for it to be undertaken and completed w/o delay or restriction to the highway construction. In exceptional cases when utility work can't be completed prior to award, the proposal packet must identify the adjustments which will be done concurrently with highway construction.
      • Headquarters Memorandum dated September 9, 1968. Subject: Time Extensions due to Utility and Right-of-way Delays. FHWA does not normally approve a time extension due to either a utility or Right-of-Way delay; however, an exception may be justified if all of the following conditions are met.
        1. construction was delayed;
        2. the contractor did all he could under the contract to minimize the delay; and
        3. despite the State's best efforts, it could not control the situation
      • Headquarters Memorandum dated May 15, 1985; Subject: Utility and Railwork - Wage Rate and EEO Requirements. Davis-Bacon wage rates and EEO requirements are not applicable to utility-let contracts and railroad-let contracts

Guidance

  1. General Information
  2. Training
  3. Publications/Media
Updated: 01/21/2014
Federal Highway Administration | 1200 New Jersey Avenue, SE | Washington, DC 20590 | 202-366-4000