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

Laws

• 23 U.S.C. 111 Agreements relating to use of and access to rights-of-way--Interstate System (04/01/2012)
• 23 U.S.C. 109(l) Standards (2011) addresses with the accommodation of utilities on the right-of-way of Federal-aid highways.
• 23 U.S.C. 123 Relocation of utility facilities (2011) addresses with reimbursement for the relocation of utility facilities necessitated by the construction of a project on any Federal-aid highway.

Regulations

• 23 CFR 645 Subpart C Broadband Infrastructure Deployment (12/03/2021) addresses registration, notification, and coordination requirements to facilitate broadband infrastructure deployment.
• 23 CFR 645 Subpart A Utility Relocations, Adjustments, and Reimbursement (11/22/2000) addresses with utility relocations, adjustments, and reimbursement.
  • Non-regulatory Supplement for Part 645, Subpart A
  • Attachment to Non-regulatory Supplement for Part 645, Subpart A
• 23 CFR 645 Subpart B Accommodation of Utilities (11/22/2000)

Policy

• Utility and Railwork - Wage Rate and EEO Requirements (05/15/1985) Chief Counsel's determination that Davis-Bacon Wage Rates and EEO requirements are not applicable to utility-let and railroad-let contracts.
• Utility Adjustment (7/24/1964) 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.

Guidance

• Utility Cost Sharing Proposals (23 CFR 645 Subpart A, Non-Regulatory Supplement #1) (09/08/1998)
• Use of Fixed Amount (Lump Sum) Payments to Utilities (23 CFR 645 Subpart A, Non-Regulatory Supplement) (10/05/1995)

General Information

• Utilities Program - Design - FHWA

Training

• NHI 134006 – Utility Coordination for Highway Projects

Publications/Media

• FHWA Program Guide - Utility Relocation and Accommodation on Federal-Aid Highway Projects
• ASCE Consensus Standard ASCE C-I 38-02, Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data.

Archive

• 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