FLH PDDM Chapter 9 - Eastern Federal Lands Highway Division

9.4.G. Right-of-Way and Utilities.G. Right-of-Way and Utilities. This section ideals with determining right-of-way needs, acquisition ofright-of-way, provisions for moving or accommodating utilities, right-of-way and utility plans, and acquisitionof material sources.Since the Federal Lands Highway Division offices work with so many different roadway owners and operatingagencies, only general guidelines are provided. It is not practical to prescribe detailed procedures and methodsapplicable to all situations relating to right-of-way, utilities, and material sources.1. Right-of-Way. The land that a highway occupies is the right-of-way (R/W). It consists of the land ownedby the operating agency or land that the operating agency has a right to use for roadway purposes.The right-of-way plans are official documents used to acquire real estate and property rights. The plans areoften references for legal instruments such as deeds or other documents conveying land or interest in land tovarious parties. The R/W staff assembles data and prepares plans for the acquisition of R/W, includingeasements, permits, or any other substantiating documentation necessary. The final plans must be correct fromthe engineering standpoint and meet FHWA legal requirements and those of the highway agency acquiringthe right-of-way.a. Determining Needs. There is a basic conflict between the use of land for right-of-way and other uses. TheR/W should provide for maintenance, control of access, utilities, future widening, and control of adjacentdrainage and vegetation for ensuring sight distance and aesthetics. The same land is often desirable fordwellings, farming, commercial, or recreational purposes. Hence, a right-of-way is seldom ideal but is usuallya compromise.Establishing right-of-way widths can usually begin as soon as the earthwork design is substantially completed.The minimum R/W width is the horizontal distance from the centerline to the edge of clearing. It is alwaysdesirable to provide some additional area to accommodate minor changes in construction and to provide spacefor normal maintenance operations.The clear zone recovery area should receive consideration when establishing new R/W limits. Goodengineering judgment is essential in this area to determine when taking a prudent right-of-way equals the needfor a portion of the theoretical recovery area.It is not mandatory to provide right-of-way for new utilities. However, it is the usual practice to accommodatethem when they do not conflict with the primary function of the roadway. Construction often causes therelocation of utilities located within the existing right-of-way. It is a requirement that the new right-of-waymust provide areas for their relocation.Poles or other surface utility relocations should be beyond the clear zone area or behind guardrail. Placeunderground utilities in the road shoulder, beneath the ditch, or preferably outside the right-of-way line. Polelines usually require a minimum of 5 meters of width to accommodate the cross arm and anchor systems andto provide for control of vegetation under the wires.Sometimes there is a need to have drainage control structures, channel changes, riprap, stilling pools, etc.,constructed above or below the roadway. It is desirable to have these structures within the right-of-way sothere is no question of the right to maintain or rebuild them. The R/W should extend at least 3 meters beyondthese facilities. It is preferable to obtain right-of-way to cover these installations but in some cases aconstruction easement may suffice.9 - 105