Chapter 19-105

us-hi-regs-official-1143b9ec620a7eb10e9743d8e68c7381c4be311ca3f46ecaf680bd0069c140faChapter 19-105Regulation

DEPARTMENT OF TRANSPORTATION
Rules Repealing Rules and Regulations
Relating to the Accommodation and Installation
of Utilities on State Highways and
Federal Aid Secondary Highways,
and Adopting Chapter 105, Title 19,
Administrative Rules
SUMMARY
1. Rules and Regulations Relating to the Accommoda-
tion and Installation of Utilities on State
Highways and Federal Aid Secondary Highways are
repealed.
2. Chapter 105 Of title 19, entitled "Accommodation
and Installation of Utilities on State Highways
and Federal Aid County Highways", is adopted.
TITLE 19 DEPARTMENT OF TRANSPORTATION
SUBTITLE 4 HIGHWAYS DIVISION
CHAPTER 105
ACCOMMODATION AND INSTALLATION OF UTILITIES
ON STATE HIGHWAYS AND FEDERAL AID
COUNTY HIGHWAYS
Subchapter 1 General Provisions
Section 19-105-1 Purpose
Section 19-105-2 Policy statement
Section 19-105-3 Application
Section 19-105-4 Definitions
Subchapter 2 General Requirements
Section 19-105-5 Permit requirements and coordination
Section 19-105-6 Scenic areas
Section 19-105-7 Joint-use utility
Section 19-105-8 Specifications for installation
Section 19-105-9 Deviations
Subchapter 3 Freeways
Section 19-105-10 Requirements for freeways
Section 19-105-11 Overhead utility crossings
Section 19-105-12 Underground utility crossings
Sec. 19-105-13 Utility crossings at highway structures
Subchapter. 4 Highways Other than Freeways
Section 19-105-14 Requirements for highways other than
freeways
Section 19-105-15 Overhead utility installations
Section 19-105-16 Underground utility installations
Sec. 19-105-17 Utility crossings at structures
Subchapter 5 Other Provisions
Section 19-105-18 Review and approval
Section 19-105-19 Use and occupancy agreements
Section 19-105-20 Compliance with laws
Section 19-105-21 Severability
Section 19-105-22 Repeal
Historical note. This chapter is based substan-
tially on the rules and regulations governing the
accommodation and installation of utilities on state
highways and federal-aid county highways. [Eff.
12/11/70; R MAY 30 1981]
SUBCHAPTER 1
GENERAL PROVISIONS
Section 19-105-1 Purpose.This chapter:
(1) Prescribes policies and procedures for
accommodating and installing utility
facilities on the rights-of-way of state
highways and federal-aid. county highways.
(2) Regulates the location, design, and methods
for the accommodation and installation of
utility facilities on state highways and
federal-aid county highways in the interest
of safety and of protection, utilization
and future development of the highways with
due consideration given to public service
afforded by adequate and economical utility
installations.
(3) Establishes the conditions governing the
occupancy, use or reservation of utility
facilities all to the end that the highway
facilities shall be preserved. [Eff. MAY 30 1981]
(Auth: HRS Section 264-24) (Imp: HRS Section 264-23)
Section 19-105-2 Policy statement.The department
of transportation recognizes the utility's franchise
to occupy the rights-of-way of state highways in
providing essential services and commodities to the
public. Therefore, utility facilities may be accommo-
dated in the state highway rights-of-way provided
that the use and occupancy do not interfere with the
free and safe flow of traffic or otherwise impair the
highway or its visual quality and does not conflict
with the provisions of federal, state or local laws
or the provisions of this chapter.
[Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp: HRS Section
264-23)
Section 19-105-3 Application.(a) This chapter
shall apply to:
(1) New utility installations which are to
cross or otherwise occupy the rights-of-way
of active or completed state highways and
federal-aid county highway projects.
(2) Existing utility facilities which are to be
retained, relocated or adjusted within the
rights-of-way of active state and federal-
aid county highway projects.
(b) This chapter shall not apply to a minor
segment of an existing utility installation in such a
manner as to result in misalignment of the installa-
tion or adjustment of the entire installation; however,
in those cases where a hazardous condition exists
the State shall initiate appropriate corrective measures
to provide a safe traffic environment.
(c) Where existing installations are to remain
in place within the rights-of-way without adjustment,
the State and utility shall enter into an appropriate
agreement as described under sections 19-105-7 and
19-105-19, or existing agreements in effect may be
accepted or amended as appropriate.
(d) The application of this chapter on federal-
aid county highways shall be limited to county highways
within the designated federal-aid county system which
were previously improved with federal-aid funds.
(e) Existing county highways within the desig-
nated federal-aid county system which have not yet
been improved with federal-aid funds are exempt from
this chapter; however, it would be desirable to apply
this chapter to these highways.
(f) Section 19-105-6 shall apply only to lands
described therein which are acquired or improved with
federal-aid highway funds. [Eff. MAY 30 1981] (Auth: HRS Section
264-24) (Imp: HRS Section 264-23)
Section 19-105-4 Definitions.As used in this
chapter, unless the context clearly indicates
otherwise:
"Active state highway projects" means projects
for which any phase of development has been programmed
for federal-aid or state highway funds and the state
or other highway authority has control of the highway
rights-of-way. A project will be considered active
until the date of its final acceptance by the Federal
Highway Administration or State and thereafter will
be considered completed.
"Arterial highway" means a highway used primarily
for through traffic, usually on a continuous route.
"AASHTO" means American Association of State
Highway and Transportation Officials.
"Auxiliary lane" means the portion of the
roadway adjoining the traveled way for parking,
speed-change, turning, weaving, truck climbing, or
other purposes supplementary to through traffic
movement.
"Cap" means a rigid structural element surmount-
ing a pipe.
"Carrier" means a pipe directly enclosing a
transmitted fluid (liquid or gas).
"Casing" or "sleeve" means a larger pipe enclos-
ing a carrier pipe.
"Clear roadside policy" means a policy employed
by a highway authority to increase safety and traffic
operation and improve the appearance of highways by
designing, constructing and maintaining highway
roadsides as wide, flat and rounded as practical and
as free as practical from physical obstructions above
the ground such as trees, drainage structures, massive
sign supports, highway lighting standards, utility
poles and other ground-mounted obstructions. The
policy is also directed at the removal of roadside
obstacles which are likely to be associated with
accident or injury to the highway user. Where such
obstacles are essential, they must be constructed to
yield under specified levels of impact or placed at a
location which affords adequate protection to an out-
of-control vehicle. In all cases full consideration
shall be given to sound engineering principles and
economic and environmental factors.
"Coating" means a material applied to or wrapped
around a pipe.
"Control of access line" means a line indicating
the restriction of access to the highway.
"Cradle" means a rigid structural element below
and supporting a pipe.
"Director" means the director of the state
department of transportation, or his duly authorized
representative.
"Divided highway" means a highway with separated
roadways for traffic in opposite directions.
"Duct line" means a structure or arrangement of
one or more ducts, conduits, pipes, or other enclosed
runways between two points designed to contain under-
ground conductors or cables.
"Encasement" means a structural element surround-
ing a pipe.
"Exhibit 'A'" means exhibit entitled "Termi-
nology for Encasement and Allied Protection" dated
10/1/80.
"Exhibit 'B'" means exhibit entitled "Pole
Placement Details for Highways" dated 10/1/80.
"Exhibit 'C'" means exhibit entitled "Table for
Pole Placement Criteria on Cut and Fill Sections"
dated 10/1/80.
"Exhibit 'D'" means exhibit entitled "Pole
Placement Details for Cut and Fill Sections (Sheet 1
of 3)" dated 10/1/80.
"Exhibit 'E'" means exhibit entitled "Pole
Placement Details for Cut and Fill Sections (Sheet 2
of 3)" dated 10/1/80.
"Exhibit 'F'" means exhibit entitled "Pole
Placement Details for Cut and Fill Sections (Sheet 3
of 3)" dated 10/1/80.
"Exhibit 'G'" means exhibit entitled "Pole
Placement Details for uncurbed Highways" dated 10/1/80.
"Exhibit 'H'" means exhibit entitled "Space
Allocation of Carrier Pipes Within Shoulder Areas
(Extreme hardship cases)" dated 10/1/80.
"Exhibit 'I'" means exhibit entitled "Space
Allocation of Carrier Pipes on Highways (Extreme
hardship cases)" dated 10/1/80.
"Exhibit 'J'" means exhibit entitled "Encased
Carrier Pipe Under Divided Highway" dated 10/1/80.
"Exhibit 'K'" means exhibit entitled "Encased
Carrier Pipe Under Undivided Highway" dated 10/1/80.
"Exhibit 'L'" means exhibit entitled "Typical
Utility Installations on Highway Structures - Con-
crete Box Girder Bridge Structure (Sheet 1 of 3)"
dated 10/1/80.
"Exhibit 'M'" means exhibit entitled "Typical
Utility Installations on Highway Structures - Con-
crete Slab Bridge Structure (Sheet 2 of 3)" dated
10/1/80.
"Exhibit 'N'" means exhibit entitled "Typical
Utility Installation on Highway Structures - At Pre-
stressed or Tee-girder Bridge Structure (Sheet 3 of
3)" dated 10/1/80.
"Expressway" means a divided arterial highway
for through traffic with full or partial control of
access and generally with grade separations at major
intersections.
"Federal-aid county highways" means all highways
on the designated federal-aid secondary or urban
county system.
"Freeway" means an expressway with full control
of access. All interstate highways on the approved
national system of interstate and defense highways
are in this category.
"Frontage road" means a local street or road
auxiliary to and located on the side of an arterial
highway for service to abutting property and adjacent
areas and for control of access.
"Gallery" means an underpass for two or more
pipelines.
"Grout" means mortar or slurry pumped to backfill
an untrenched pipe.
"Jacket" means encasement by concrete poured
around a pipe.
"Highway" means any public way for vehicular
travel, including the entire area within the rights-
of-way and related facilities, constructed or improved
in whole or in part with federal-aid or state highway
funds.
"Highway utility encroachment committee" means a
committee consisting of the state highways division
construction and maintenance engineer (chairman)
design engineer, traffic engineer and head of right-
of-way branch.
"Median" means the portion of a divided highway
separating the traveled ways for traffic in opposite
directions.
"New utility installations" means the initial
installations on the highway rights-of-way and the
replacement of existing facilities with those of a
different type, capacity, or design or replacement at
a new location on the rights-of-way. Any replacement
of an existing facility or portion thereof with
another of the same type, capacity, and design at the
same location is considered to be maintenance.
"Normal" means crossing at a right angle.
"Oblique" means crossing at an acute angle.
"Pipe" means a cylindrical tube, any conduit
including ducts and cellular blocks for conveying
water, gas, etc.
"Private lines" means privately owned facilities
which convey or transmit the commodities outlined in
this chapter, but are devoted exclusively to private
use.
"Ramp" means an interconnection of roadway
in a traffic interchange, or any connection between
highway facilities of different levels, on which
vehicles may enter or leave a designated roadway.
"Resurfacing" means the addition of one or more
new courses on an existing surface.
"Right-of-way line" means the boundary of the
highway right-of-way and adjacent property owner.
"Rights-of-way" means real property or interests
therein, acquired, dedicated or reserved for the
construction, operation and maintenance of a highway
in which federal-aid or state highway funds are or
may be involved in any stage of development. Land
acquired under section 319 (b) Title 23, United
States Code, (scenic strips - 1965 Highway Beautifi-
cation Act) shall be considered to be highway rights-
of-way.
"Roadway" means the portion of a highway,
including shoulders for vehicular use. A divided
highway has two or more roadways.
"Shoulder" means the portion of the roadway
contiguous with the traveled way for accommodation of
stopped vehicles for emergency use, and for lateral
support of base and surface courses
"Standard right-of-way line" means the line
denoting the width necessary to accommodate all of
the elements of a typical roadway cross-section to
fulfill the design requirements of the highway. This
line does not generally encompass additional rights-
of-way required for large cuts and fills.
" State highways" means all highways on the
designated state highway system. The designated
state highway system is composed of the following
highways:
(1) Federal-aid highways:
(A) Interstate and defense highways;
(B) Federal-aid primary state highways;
(C) Federal-aid secondary state highways;
and
(D) Federal-aid urban state highways.
(2) Nonfederal-aid state highways.
"State highway projects" means those projects
administered by the State which involve the use of
federal-aid or state highway funds for the construc-
tion or improvement of a state highway or related
highway facilities or for the acquisition of rights-
of-way for those projects, including highway beautifi-
cation projects under section 319, Title 23, United
States Code.
"Traveled way" means the portion of the roadway
for the movement of vehicles, exclusive of shoulders
and auxiliary lanes.
"Use and occupancy agreement" means the document
by which the State, approves the use and occupancy of
highway rights-of-way by utility facilities or
private lines.
"Utility" means the utility company; i.e., any
person or private or public entity owning or operating
utility facilities, including any wholly owned or
controlled subsidiary.
"Utility facilities" or "utilities" means all
privately, publicly or cooperatively owned lines,
facilities and systems for producing, transmitting or
distributing communications, power, electricity,
light, heat, gas, oil, crude products, water, sewer,
steam, waste, storm water not connected with highway
drainage, and other similar commodities, including
fire and police signal systems and street lighting
and traffic signal systems, which directly or
indirectly serve the public or any part thereof.
"Utility service connection" means a service
connection from a utilities distribution or feeder
line or main to the premises served.
"Visual quality" means those desirable character-
istics of the appearance of the highway and its
environment, such as harmony between or blending of
natural and man-made objects in the environment,
continuity of visual form without distracting
interruptions, and simplicity of designs which are
desirably functional in shape but without clutter.
"Walled" means a continuous concrete or cement-
treated sidefill. [Eff. MAY 30 1981] (Auth: HRS Section 264-24)
(Imp: HRS Section 264-23)
SUBCHAPTER 2
GENERAL REQUIREMENTS
Section 19-105-5 Permit requirements and
coordination.(a) A permit from the highways division
shall be required for the installation of any utility
facility and private lines within the state highway
rights-of-way except where work is to be performed
under a utility agreement in conjunction with a
highway project.
(b) New utility installations shall not conflict
with existing or planned uses of highway rights-of-way
for highway purposes. Proposed utility installations
and future highway projects shall be coordinated to
avoid, to the fullest extent possible, any conflict
in location, construction, or method of installation.
[Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp: HRS Section
264-23)
Section 19-105-6 Scenic areas.The type and size of
utility facilities and the manner and extent to which
they are permitted within areas of scenic enhancement
and natural beauty can materially alter the visual
quality and view of highway roadsides and adjacent
areas. These areas include scenic strips, overlooks,
rest areas, recreation areas, the rights-of-way of
highways adjacent thereto, and the rights-of-way of
highways which pass through public parks and historic
sites, as described under section 138, Title 23,
United States Code.
(1) New utility installations are not to be
permitted within the foregoing described
lands, when acquired or improved with
federal-aid funds, except as follows:
(A) New underground utility installations
may be permitted where they do not
require extensive removal or altera-
tion of trees visible to the highway
user or impair the visual quality of
the land being traversed.
(B) New aerial installations are to be
avoid,d at such locations unless there
is no feasible and prudent alternative
to the use of such lands by the aerial
facility and it is demonstrated to the
satisfaction Of the division engineer
that:
(i) Other locations are not available
or are unusually difficult and
unreasonably costly, or are less
desirable from the standpoint of
visual quality;
(ii) Undergrounding is not technically
feasible or is unreasonably
costly; and
(iii) The proposed installation will be
made at a location and will
employ suitable designs and
materials which give the greatest
weight to the visual qualities of
the area being traversed. Suitable
designs will include, but are not
limited to, self-supporting,
armless, single-pole construction
with vertical configuration of
conductors and cable.
(2) This section also applies to utility installa-
tions that are needed for a highway purpose,
such as for highway lighting, or for serving
a weigh station, rest or recreational area.
(3) There may be cases of unusual hardship or
other extenuating circumstances encountered
involving some degree of variance with this
chapter. These cases shall be subject to
prior review and approval by the director.
[Eff. MAY 30 1981] (Auth: HRS
Section 264-24) (Imp: HRS Section 264-23)
Section 19-105-7 Joint-use facility.Where the
utility has a compensable interest in the land occupied
by its facilities and the land is to be jointly owned
and used for highway and utility purposes, - the
responsible highway authority and utility shall agree
in writing as to the obligations and responsibilities
of each party. These agreements shall incorporate
the conditions of occupancy for each party, including
the rights vested in the highway authority and the
rights and privileges retained by the utility. In
any event, the interest to be acquired by or vested
in the highway authority in any portion of the
rights-of-way of a state highway project to be vacated,
used or occupied by utilities or private lines shall
be of a nature and extent adequate for the construc-
tion, safe operation and maintenance of the highway
project. [Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp: HRS
Section 264-23)
Section 19-105-8 Specifications for installation.
(a) Construction of the utility facility and restora-
tion of any disturbed existing highway facilities
within the state right-of-way shall be done in
accordance with all applicable sections of the
"Standard Specifications for Road & Bridge Construc-
tion", dated 1976, and the "Specification for Instal la-
tion of Miscellaneous Improvements within State
Highways" dated April 1, 1974, highways division.
(b) During the installation and maintenance of
the utility facilities, adequate traffic control
shall be provided in accordance with the "Rules and
Regulations Governing the Use of Traffic Control
Devices at Work Sites on or Adjacent to Public
Streets and Highways" of the State of Hawaii (Hawaii
Administrative Rules, title 19, chapter 129) and
with the Federal Highway Administration "Manual on
Uniform Traffic Control Devices for Streets and
Highways, Part VI - Traffic Controls for Highway
Construction and Maintenance Operations".
(c) Installation of private lines within the
rights-of-way of state highway shall be limited to
crossings only. [Eff. MAY 30 1981] (Auth: HRS Section 264-24)
(Imp: HRS Section 264-23)
Section 19-105-9 Deviations.Any deviations from
this chapter shall be subject to the approval of the
director. [Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp:
HRS Section 264-23)
SUBCHAPTER 3
FREEWAYS
Section 19-105-10 Requirements for freeways.
(a) A utility will not be permitted to be installed
longitudinally within the control of access lines of
a freeway and any utilities located outside the
control of access lines cannot be serviced by access
from the through-traffic roadways or ramps.
(b) Utilities that are to cross or otherwise
occupy the rights-of-way of freeways shall meet the
requirements of the AASHO (now AASHTO) "Policy on the
Accommodation of Utilities on Freeway Rights-of-Way"
adopted February 15, 1969. [Eff. MAY 30 1981] (Auth: HRS Section
264-24) (Imp: HRS Section 264-23)
Section 19-105-11 Overhead utility crossings.(a)
The supporting structures including guy poles, guys,
etc., of overhead utility lines crossing the freeway
shall be located outside the outer edges Of through-
traffic roadway side slopes and preferably outside
the control of access lines. In any case supporting
poles shall be located at least 30 feet beyond the
edge of shoulder. Where right-of-way lines and
control of access lines are not one and the same, as
where frontage roads are provided, supporting poles
may be located in the area between them.
(b) Crossings of freeways by utility service
connections shall not be permitted except where they
qualify as an extreme case exception under section 2
of AASHO's "A Policy on the Accommodation of Utilities
on Freeway", adopted February 15, 1969.
(c) Overhead utility lines crossing the freeway
shall have a vertical clearance above the highway of
18 feet or greater for telephone lines and 20 feet or
greater for electric lines in accordance with State
of Hawaii "Public Utilities Commission's Amended
General Order No. 6" (Hawaii Administrative Rules,
title 6, chapter 66).
(d) Where a utility follows a crossroad or
street which is carried over or under a freeway,
provisions should be made for the utility to cross
the freeway on the location of the crossroad or
street in such a manner that the utility can be
serviced without access from the freeway through-
traffic roadways or ramps. Generally, the utilities
are to be located within the standard right-of-way of
the crossroad or street, existing or relocated, and
may cross over or under the freeway, provided installa-
tion and servicing thereof can be accomplished
without access from the freeway through-traffic
roadways or ramps. [Eff. MAY 30 1981] (Auth: HRS Section 264-24)
(Imp: HRS Section 264-23)
Section 19-105-12 Underground utility crossings.
(a) All new utility installations involving pressure
pipelines shall comply with the American National
Standards Institute (ANSI) code for pressure piping
B31.1, B31.4 and B31.8. Installations for electric
and communication systems shall comply with State of
Hawaii "Public Utilities Commission's General Order
No. 10" (Hawaii Administrative Rules, title 6, chapter
70). (b) All utility installations carrying flammable
and combustible products shall meet the requirements
of the: Part 192, Title 49 Code of Federal Regulations,
Minimum Safety Standards for Gas Lines; national fire
code; State of Hawaii "Public Utilities Commission's
General Order No. 9" (Hawaii Administrative Rules.
title 6, chapter 69); and local county and state codes
and requirements.
(c) Utilities crossing underground below the
roadways Of freeways shall be of durable materials
and so installed as to virtually preclude any
necessity for disturbing the roadways to perform
maintenance or expansion operations. Utility lines
shall be encased or jacketed. See exhibit "A"
attached at the end of this chapter for terminology
for encasement and other protection. Casing shall
consist of a pipe or other separate structure around
and outside of the carrier line or duct line and
shall be designed to support the load of the highway
and superimposed loads thereon, and shall equal or
exceed structural requirements for drainage culverts.
The casing shall be composed of materials of satis-
factory durability under conditions to which they may
be exposed.
(d) Upon the completion of a new freeway, all
utility installations shall be installed by the
boring, jacking or tunneling method.
(e) The minimum depth of utility lines shall be
3 feet from the finished grade of pavement to sleeve
or concrete jacket in pavement areas. The director
may reduce the 3-foot minimum clearance specified
above to 2 feet if ground conditions are ascertained
to be of rocky material, provided the utility lines
do not encroach into the pavement structure.
(f) A utility shall make every effort to plan,
coordinate, converge, and construct its installation
in conjunction with the highway construction. A
utility shall further give considerations to the
construction of a joint utility tunnel with other
utilities or sleeves at strategic locations to
accommodate future utility crossings in conjunction
with the highway construction. [Eff. MAY 30 1981] (Auth: HRS
Section 264-24) (Imp: HRS Section 264-23)
Section 19-105-13 Utility crossings at highway
structures.(a) On active projects:
(1) A utility may be supported by hangers or
brackets attached to a structure and left
exposed provided:
(A) It is shielded from public view and is
not visible from the freeway;
(B) It can be accommodated without substan-
tial increase in sections of the
structure; and
(C) It can be serviced without access from
the freeway through-traffic roadways
or ramps. See exhibit "N" attached
at the end of this chapter.
(2) A utility may be carried within a structure
or through a box girder provided:
(A) It will not adversely affect the
structure;
(B) An appropriate sleeve or concrete
encasement is utilized;
(C) It can be serviced without access from
the freeway through-traffic roadways
or ramps; and
(D) That provisions for servicing the
utility are incorporated in the design
of the utility. See exhibits "L" and
"M" attached at the end of this chapter.
(3) Large utility lines or groups of lines may
be supported on a separate utility structure
provided provisions for servicing the
utility are incorporated in the design of
the structure. See exhibits "L" and "M"
attached at the end of this chapter.
(4) Liquid fuel lines other than fuel oil will
not be permitted on structures.
(b) On completed projects: On previously con-
structed state projects, a utility may be supported
by hangers or brackets attached to a structure and
left exposed provided they conform to the "active
project" requirements specified in subsection (a) of
this section. See exhibit "N" attached at the end of
this chapter.
(c) General requirements for utility crossings:
(1) The encasing pipe shall be carried out for
a minimum of 20 feet beyond the back of the
bridge abutment e
(2) Support of utility lines on structure shall
in no way interfere with free movements of
structure.
(3) Location, size and number of utility lines
permissible on bridge shall be determined by
the State.
(4) Design and installation of utility pipe lines
shall conform to the requirements of section
19-105-12 and the AASHTO policy specified in
section 19-105-10.
(d) Domestic gas lines:
(1) For gas lines, casing shall be provided with
vents near abutments
(2) The maximum size of gas lines inside box
girders shall be 6 inches.
(3) Maximum pressure allowed in gas lines on
highway structures shall be 65 PSIG (pounds
per square inch gauge).
(4) Gas lines and casings on structures shall be
provided with cathodic protection where
necessary. [Eff. MAY 30 1981] (Auth: HRS Section
264-24) (Imp: HRS Section 264-23)
SUBCHAPTER 4
HIGHWAYS OTHER THAN FREEWAYS
Section 19-105-14 Requirements for highways other
than freeways.This section shall apply to highways
other than freeways and to frontage roads of freeways.
(1) Upon the completion of a new state highway
other than a freeway including resurfacing
projects, no underground utility installa-
tion with the exception of underground
service connections and utility crossings
by the boring, jacking or tunneling method,
will be permitted for a period of one year
thereof within the pavement, shoulder,
swale or median areas.
(2) Within this one-year period, an underground
utility and overhead pole line may be
permitted to be installed outside the
improved pavement, shoulder and swale areas
adjacent to the right-of-way line provided
that it does not restrict the highway use
and meets the lateral clearance outlined in
section 19-105-15.
(3) In this connection, a utility shall make
every effort to plan, coordinate and
construct their installation including
crossings in conjunction with the highway
construction. A utility shall further give
considerations to the construction of a
joint utility tunnel with other utilities
or sleeves at strategic locations to
accommodate future utility crossings in
conjunction with the highway construction.
[Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp:
HRS Section 264-23)
Section 19-105-15 Overhead utility installations.
(a) On active state highway projects other than
freeways on new and existing alignment, utility
poles, guys and other ground-mounted utility appurte-
nances may be installed, retained or relocated within
the highway right-of-way and they may be located
within 5 feet from the standard right-of-way line
provided:
(1) In rural areas, they are located at least
30 feet or more from the normal edge of
traveled way.
(2) In cities, towns and urban areas, on
curbed sections, they are located at least
2 feet back of the face of curb and, where
feasible, at or near the right-of-way line
and outside of the sidewalk. See exhibit
"B" attached at the end of this chapter.
Where curbs are not provided, they shall be
located at least 20 feet from the normal
edge of the traveled way. Maps showing the
boundaries of urban areas are on file at
the highways division.
(3) They are in compliance with clear roadside
policies for the particular highway involved
and they are in accordance with Federal
Highway Administration Federal-aid Highway
Program Manual (FHPM) and the AASHTO
"Highway Design and Operational Practices
Related to Highway Safety" dated 1974.
(4) Exceptions to the lateral clearances
outlined in this chapter may be permitted
provided such facilities are located
behind guard rails, the top of cut banks,
retaining walls, etc. See exhibits "C",
"D", "E" and "F", attached at the end of
this chapter, which show the various slope
ratios and the corresponding cut heights
which are considered to be natural barriers.
Also, see exhibit "B" attached at the end
of this chapter.
(b) On previously constructed state highway
projects other than freeways, new utility poles,
guys, and other ground-mounted utility appurtenances
connected therewith, other than replacements, shall
be located as provided for in this chapter or at the
right-of-way line. See exhibit "G" attached at the
end of this chapter. Placement of mid-span or
additional poles for the purpose of correcting sub-
standard vertical clearances to conform with clearances
set forth in the State of Hawaii "Public Utilities
Commission's Amended General Order No. 6" (Hawaii
Administrative Rules, title 6, chapter 66) will be
permitted.
(c) Where the highway shoulder areas are of
minimum width, considerations shall be given to
designs employing vertical alignment of wires and
cables, cantilevered crossarms, added insulation or
any other similar designs permitted under State of
Hawaii "Public Utilities Commission's Amended General
Order No. 6" (Hawaii Administrative Rules, title 6,
chapter 66). Where it is not possible to meet such
clearances, consideration should be given to alternate
utility locations or designs, such as rerouting the
facilities or converting them from aerial to under-
ground installations.
(d) Where the lateral clearances outlined in
this chapter cannot be made, and the new utility
poles, guys, and other ground-mounted appurtenances
will constitute a serious and major hazard to traffic
upon the determination of the director, guard rail
protections shall be provided at the expense of the
utility in accordance with current state standards
and AASHTO "Guide for Selecting, Locating, and
Designing Traffic Barriers." The state shall be
responsible for the maintenance of these guard rails.
Where existing utility facilities such as poles
constitute a definite hazard to the traveling public,
the state at its expense shall install protective
guard rails to provide a safe traffic environment.
The minimum lateral clearance between the face of
pole and guard rail shall be 3 feet. See exhibit "F"
attached at the end of this chapter.
(e) Utility poles may be permitted in the
median of a divided highway provided they are located
at least 30 feet from the edge of traveled way.
(f) All new utility installations involving
communication or electric power facilities shall
comply with the State of Hawaii "Public Utilities
Commission's Amended General Order No. 6" (Hawaii
Administrative Rules, title 6, chapter 66).
(g) Overhead lines shall have a vertical
clearance above the highway of 18 feet or greater for
telephone lines and 20 feet or greater for electric
lines in accordance with State of Hawaii "Public
Utilities Commission's Amended General Order No. 6"
(Hawaii Administrative Rules, title 6, chapter 66).
(h) The bottom of the housing of signal faces
and warning flashers suspended over roadways shall
not be less than 17 feet above the pavement grade of
the center of the roadway.
(i) Lighting standards shall not be permitted
closer than 30 feet beyond the normal edge of traveled
way unless the base is of a breakaway design or they
are located behind a guard rail, but not closer than
2 feet outside the edge of shoulder. See exceptions
specified above in this section. No standards shall
be permitted in the shoulders.
(j) Traffic signal standards shall not be
permitted closer than 2 feet beyond the face of curb
on curbed highways or 2 feet outside the edge of
shoulder on uncurbed highways.
[Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp: HRS Section
264-23)
Section 19-105-16 Underground utility installations.
(a) All utility installations involving pressure pipe-
lines shall comply with -the American National Standards
Institute (ANSI) code for pressure piping B31.1, B31.4
and B31.8. Installation for electric and communication
systems shall comply with State of Hawaii "Public
Utilities Commission's General Order No. 10" (Hawaii
Administrative Rules, title 6, chapter 70).
(b) All utility installations carrying flammable
and combustible products shall meet the requirements
of the Part 192, Title 49, Code of Federal Regulations,
Minimum Federal Safety Standards for Gas Lines; national
fire code; State of Hawaii "Public Utilities Commission's
General Order No. 9" (Hawaii Administrative Rules,
title 6, chapter 69), and local county and state codes
and requirements
(c) The angle of utility crossing shall be
generally normal to the highway and it shall not exceed
45 degress from normal.
(d) Longitudinally, utilities shall be located
on uniform alignment as near as practicable to the
right-of-way line to provide space for future highway
construction and for possible future utility installa-
tions consistent with good engineering judgment and
economic considerations.
(e) In areas where the transverse slopes are
gently rolling, cleared, graded and accessible to
equipment, a utility shall be installed outside of
the roadway cross-section (pavement, shoulder and cut
or fill slopes).
(f) In areas where good engineering judgment and
economic considerations indicate that it would not be
practical to install the utility outside the roadway
cross-section, (pavement, shoulder and cut or fill
slopes) such as in high cut and fill sections not
accessible to equipment, a utility, subject to the
approval of the highway utility encroachment committee
may be located within the shoulder and median (of a
divided highway) areas as provided below:
(1) Shoulder area.
(A) They shall be located as close to the
outer edge of shoulder as possible.
(B) In areas where the width of shoulder
is 8 feet or less, no utility shall be
permitted to be located within the
shoulder for a distance of 2 feet from
the normal edge of pavement to the
inner edge of trench. See exhibit "H"
attached at the end of this chapter.
(C) In areas where the width of shoulder
is more than 8 feet, no utility shall
be permitted to be located within the
shoulder for a distance of 5 feet from
the normal edge of pavement to the
inner edge of trench. See exhibit "H"
attached at the end of this chapter.
In the event all available spaces on
both shoulders are occupied, considera-
tions may be given to permit a utility
within the 5-foot restricted area
provided the 2-foot strip as outlined
in this chapter is not disturbed.
(2) Median area.
(A) They shall be located as far away from
the edge Of pavement and as close to
the centerline of median as possible,
but away from the median ditch.
(B) In areas where the width of median is
16 feet or less, no utility shall be
permitted to be located within the
median for a distance of 2 feet from
the normal edge of pavement to the
inner edge of trench. See exhibit "I"
attached at the end of this chapter.
(C) In areas where the width of median is
more than 16 feet, no utility shall be
permitted to be located within the
median for a distance of 5 feet from
the normal edge of pavement to the
inner edge of trench. See exhibit "I"
attached at the end of this chapter.
In the event all available spaces in
the median are occupied, considerations
may be given to permit a utility
within the 5-foot restricted area
provided the 2-foot strip as outlined
in this chapter is not disturbed.
(g) Considerations shall be given to the hydraulic
gradient factor of a transmission main in determining
the location of its occupancy within the highway
rights-of-way.
(h) In heavily traveled highways, the director
may require utility crossings under the roadway to
be installed by boring, jacking or tunneling when
ground conditions are ascertained to permit economic
application of such installation technique.
(i) Utility lines shall be encased or jacketed
when deemed necessary by the director. Casing shall
consist of a pipe or other separate structure around
and outside of the carrier line or duct line and shall
be designed to support the load of the highway and
superimposed loads thereon, and shall equal or exceed
structural requirements for drainage culverts. The
casing shall be composed of materials of satisfactory
durability under conditions to which they may be
exposed. See exhibit "A" attached at the end of this
chapter for terminology for encasement and other
protection.
(j) All utility lines carrying flammable or
explosive materials at a pressure greater than 65 PSIG
(pressure per square inch gauge) within the roadway
prism shall be provided protective measures as deemed
necessary by the highway utility encroachment committee.
(k) A utility, including manholes, shall
generally not be permitted to be installed longi-
tudinally within the pavement area of the main
traveled way. However in extreme cases where the
entire rights-of-way excluding the pavement areas are
fully occupied and the utility has explored other
alternative alignment such as rerouting the utility
through county streets, considerations will be given
to permit the utility to be installed within the
pavement area of the main traveled way.
(l) All manholes, handholes, etc., shall be
flush with finished grade of roadway including
pavement and shoulder.
(m) Fire hydrants, and other ground-mounted
utility appurtenances shall meet the lateral clear-
ances outlined in this chapter. The hydrants shall
be located so as to be conveniently accessible to
firefighting equipment or personnel.
(1) Breakaway type fire hydrants may be left
unprotected and delineated with RM-3
hazard markers
(2) Fire hydrants may be placed within a cut
slope just above the ditch line.
(3) In cities, towns and urban areas, on
. curbed sections, fire hydrants may be
located back of the face of curb provided
they are of the breakaway type.
(n) No utility shall be permitted in a highway
drainage culvert.
(o) The minimum depth of utility lines shall be
as follows:
(1) Pavement areas: minimum 3 feet from
finished grade of pavement to top of pipe,
sleeve or concrete jacket. See exhibits
"H", "I", "J", and "K" attached at the end
of this chapter.
(2) Under ditches: minimum 2 feet, 1 foot if
paved.
(3) All other areas: minimum 3-foot cover.
(4) The highway utility encroachment committee
may reduce the 3-foot minimum clearance
specified above to 2 feet if ground
conditions are ascertained to be of rocky
material, provided the utility lines do not
encroach into the pavement structure.
(5) The minimum cover of utility service lines
under sidewalk areas and areas adjacent to
the right-of-way (outside of shoulder and
pavement areas) shall be 1 foot 6 inches.
[Eff. MAY 30 1981] (Auth: HRS Section
264-24) (Imp: HRS Section 264-23)
Section 19-105-17 Utility crossings at structures.
Utility crossings at structures shall conform to the
applicable provisions of this chapter. [Eff. MAY 30 1981] (Auth:
HRS Section 264-24) (Imp: HRS Section 264-23)
SUBCHAPTER 5
OTHER PROVISIONS
Section 19-105-18 Review and approval.(a) The
highways division is entrusted with the responsibility
to maintain or cause to be maintained all completed
state highways as necessary to preserve the integrity,
scenic quality, operational safety, and function of
the highway facility.
(b) The division shall review and approve the
location and design of all utility and private lines
installations with due considerations given to such
features as disturbance of highway facilities and
interference with their operations and detraction
from its appearance-all to the end that the difficulty
of or cost of maintenance of the highway facility
will not be increased nor the service to the public
jeopardized.
(c) Adequate plans of proposed utility installa-
tion shall be submitted to the director for his
review and approval before a permit is issued.
[Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp: HRS Section
264-23)
Section 19-105-19 Use and occupancy agreements.
(a) On active and completed state highway projects,
the use and occupancy of the highway rights-of-way by
utility facilities shall be in accordance with the
prescribed policies and procedures of the Federal
Highway Administration Federal-aid Highway Program
Manual (FHPM) 1-4-4 and 6-6-3-2.
(b) Where utility facilities are to cross, or
otherwise occupy, the right-of-way of an active or
completed state highway project, the state and the
utility shall agree in writing as to the terms of
such use and occupancy, and the manner in which such
facilities are to be accommodated thereon.
(c) The cost of any future removal, relocation,
replacement, reconstruction or adjustment of utility
facilities shall be in accordance with the provisions
of section 264-33, Hawaii Revised Statutes.
(d) Where the utility proposes to install its
utility facilities within any right-of-way of an
active state highway project prior to the completion
of final plans for the highway project, it is the
policy of the department of transportation to deny
the issuance of the permit required to be taken by
the utility company or in the alternative require the
utility company to await the completion of final
plans for the project; unless the utility company
shall agree in writing to bear the entire cost of the
later relocation of any utility facility installed in
the right-of-way if the relocation should become
necessary during the initial construction of the
highway project and waive any and all right to
participation for such future relocation under
existing or subsequent statutes as a result of the
initial construction of the highway project.
[Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp: HRS Section
264-23)
Section 19-105-20 Compliance with laws.The
utilities shall comply with all federal, state and
county laws, rules, orders, ordinances, policies and
procedures that are applicable to this chapter.
[Eff. MAY 30 1981] (Auth: HRS Section 264-24) (Imp: HRS Section
264-23)
Section 19-105-21 Severability.If any section of
this chapter is held invalid for any reason whatsoever,
such invalidity shall not affect the validity of the
remaining sections of this chapter. [Eff. MAY 30 1981] (Auth: HRS
Section 264-24) (Imp: HRS Section 264-23)
Section 19-105-22 Repeal.All rules and regulations
governing the accommodation and installation of
utilities on state highways and federal aid county
highways in effect prior to the effective date of this
chapter are repealed. [Eff. MAY 30 1981] (Auth: HRS Section 264-24)
(Imp: HRS Section 264-23)
DEPARTMENT OF TRANSPORTATION
I, RYOKICHI HIGASHIONNA, in my capacity as the
Director of Transportation of the State of Hawaii,
pursuant to the authority vested in me by law, do
hereby adopt the foregoing Chapter 105 of Title 19
which contains rules relating to the Accommodation
and Installation of Utilities on State Highways and
Federal Aid County Highways.
The rules in this chapter are being adopted
following public hearings held on March 31, April 1,
2, and 3, 1981, notice of which was duly published on
March 2, 1981 in the Honolulu Advertiser, Honolulu
Star-Bulletin, Hawaii Tribune Herald, Maui News and
Garden Island News.
These rules shall take effect ten days after
filing with the Office of the Lieutenant Governor.
TABLE FOR POLE PLACEMENT CRITERIA
ON CUT AND FILL SECTIONS
Cut Slopes Offset From
Edge of Pavement
Minimum Horizontal
Offset From Bottom
of Cut Slope
Height
Less Than Offset
Height
Equal
To or
Greater
Than 	Offset
0 - 3/4:1 * 2 Feet 30 Feet 2 Feet 4 Feet
1:1 	* 4 Feet 30 Feet 4 Feet 6 Feet
1-1/2:1 * 4 Feet 30 Feet 4 Feet 8 Feet
2:1 	* 6 Feet 30 Feet 6 Feet 14 Feet
4:1 or Flatter * -- 	30 Feet -- 	--
* Alternate - See Detail "A", Exhibit "F".
Fill Slopes - 30 Feet offset from edge of pavement or
guard rail protection. See Detail "B",
Exhibit "F".
EXHIBIT "C"
10/1/80

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