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    Right-of-Way Construction Permits (Highway Right-of-way Use)

    The Michigan Department of Transportation issues permits to individuals planning to work within or occupy the State highway Right-of-Way.

    New!  Applications for these tasks are submitted and paid for online through the Michigan Business One Stop portal.


    A. NAME OF PERMIT OR APPROVAL:

    Right-of-Way Construction Permits, Construction and Utility Permits.

    B. STATUTORY AUTHORITY:

    Public Act 368 of 1925, as amended entitled Highway Obstructions and Encroachments; Use of Highways by Public Utilities Public Act 200 of 1969, as amended entitled Driveways, Banners and Parades Public Act 106 of 1972, as amended entitled Highway Advertising Act, Sections 11 and 11a

    C. APPLICABLE REGULATION:

    Administrative Rules R247.201 - 247.267 entitled Driveways, Banners and Parades

    D. SUMMARY OF PERMIT/APPROVAL PROCESS:

     1.  Applicability (activities that require the permit)

    Prior to working within or occupying the State highway Right-of-Way a permit is required.

    Individual permits are issued for new installations. Annual permits are issued for routine maintenance activities, parades and banners.

    Examples of most common permit types:

    ·         Driveways ? Residential and Commercial

    ·         Aerial and Underground Utilities

    ·         Monitoring Wells

    ·         Structures

    ·         Parades

    ·         Landscaping

    ·         Surveys

    ·         Banners

     2.  Pre-Application Requirements

    Permit applicants should contact the local Transportation Service Center for pre-application requirements.

     3.  Application Submission Requirements

    The applicant shall complete, sign and submit the appropriate application form, and plans. Additionally fees, performance bond, and Certificate of Insurance may be required.

    Primary forms include:

    ·         Individual Application and Permit for Use of State Trunkline Right-of-Way, (Form 2205) - Annual Application and Permit for Miscellaneous Operations with State Trunkline Right-of-Way, (Form 2205B)

     4.  Procedures and Time-Frame for Obtaining Permit or Approval

    Complete and correct construction permit applications are normally processed at the following locations:

    ·         Individual permits - Transportation Service Center

    ·         Transportation Service Center annual construction permits - Transportation Service Center

    ·         Region annual construction permits ? Transportation Service Center

    ·         Statewide annual construction permits - Lansing Central Office Real Estate

    Processing procedures and time-frames are variable and dependent upon the permitted activity being requested.

    Note: The time-frame required for processing permits for billboard vegetation removal is statutorily mandated.

     5.  Operational Requirements

    Each permit holder shall operate according to all permit specifications, guidelines, special conditions and restrictions. Additionally, each permit holder shall submit Advance Notice and Approval of Permitted Activity, (Form 2204).

     6.  Fees

    Fees are established according to the Construction Permit Fee Schedule, (Form 2235). All fees are non-refundable according to Public Act 561 of 2002 entitled Appropriations Bill, Section 301.

     7.  Appeal Process

    If a permit is denied, the permit applicant may request an Administrative Hearing in writing in accordance with Public Act 306 of 1969, as amended entitled Administrative Procedures Act.

    Appeals regarding Billboard Vegetation Removal may be made by contacting the local Transportation Service Center in writing.

     8.  Public Input Opportunities

    Questions, Comments or Complaints may be directed to Lansing Central Office Real Estate: 517-241-2103.

    For further information and forms on Right-of-Way Construction Permits: http://www.michigan.gov/mdot/0,1607,7-151-9623_26662_26679_27267_48606-182161--,00.html


    E. ADMINISTERING AGENCY:

    • Mailing Address: Michigan Department of Transportation, P.O. 30050, Lansing, MI 48909
    • Program Phone: 517-241-2103

     

    Creation/Revision Date:

    September 15, 2010

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