Chapter 7. Special Encroachments
Chapter 7. Special Encroachments
Chapter 7. Special Encroachments
ARTICLE 1 General
Caltrans allows encroachments in the State highway right-of-way in accordance with federal and
State regulations. Encroachments allow temporary use of the State right-of-way for purposes other
than transportation by a public utility, public entity, or private party. Encroachments include any
temporary break in access or other use of the highway right-of-way including grading or removing
materials by public agencies, developers, or private individuals.
Those that desire to occupy highway right-of-way must prepare an encroachment permit application
and submit all required documentation and exhibits to the Caltrans district permit engineer. The
district permit engineer evaluates the applicable policies and assesses the potential impacts of
proposed encroachments on the operation and safety of the highway.
The project team producing plans for highway improvements must identify and plot all facilities that
are within the project limits (including State-owned facilities) and determine if the installations are
consistent with these encroachment policies or if the facilities must be modified or relocated outside
the right-of-way. For the districts that have the specialty utility engineering service group, the utility
engineering workgroup (UEW) can take on these project engineer responsibilities.
The project team or utility owner must submit electronic files (vector files) of the location data for
any installation (including relocation), and any location data collected on existing utilities within the
project limits for inclusion in the Caltrans utility database.
Utility owners with prior rights detailed in a joint use agreement (JUA) or consent to common use
agreement (CCUA) may receive direct access to the highway right-of-way to conduct maintenance;
the type of access is described within the agreement. The utility owner must provide a copy of the
documentation of the prior right when submitting the permit application.
Caltrans authorizes encroachments in the highway right-of-way through the encroachment permit
process. A permit is issued to the permittee for the purpose of providing a notice and record of work.
ARTICLE 2 Definitions
Access control the full or partial restriction of access to owners or occupants of abutting lands to or
from a highway. Also see Highway Design Manual (HDM) Topic 104 Control of Access.
Control of access[edit]
Control of access relates to a legal status which limits the types of vehicles that can use a highway,
as well as a road design that limits the points at which they can access it.
Freeways are usually limited to motor vehicles of a minimum power or weight; signs may
prohibit cyclists, pedestrians and equestrians and impose a minimum speed. It is possible for non-
motorized traffic to use facilities within the same right-of-way, such as sidewalks constructed along
freeway-standard bridges and multi-use paths next to freeways such as the Suncoast Trail along
the Suncoast Parkway in Florida.
De Lucht Rest Area on the Dutch A2 - A typical rest area in the Netherlands with services (fuel, refreshments
and toilets). The only access is via the highway that it serves.
In some US jurisdictions, especially where freeways replace existing roads, non-motorized access
on freeways is permitted. Different states of the United States have different laws. Cycling on
freeways in Arizona may be prohibited only where there is an alternative route judged equal or better
for cycling.[20] Wyoming, the least populated state, allows cycling on all freeways. Oregon allows
bicycles except on specific urban freeways in Portland and Medford.[21]
In countries such as the United Kingdom new motorways require an Act of Parliament to ensure
restricted right of way. Since upgrading an existing road (the "Queen's Highway") to a full motorway
will result in extinguishing the right of access of certain groups such as pedestrians, cyclists and
slow-moving traffic, many controlled access roads are not full motorways.[22] In some cases
motorways are linked by short stretches of road where alternative rights of way are not practicable
such as the Dartford Crossing (the furthest downstream public crossing of the River Thames) or
where it was not economic to build a motorway alongside the existing road such as the
formerCumberland Gap. The A1 is a good example of piece-wise upgrading to motorway standard
as of January 2013, the 639-kilometre-long (397 mi) route had five stretches of motorway
(designated as A1(M)).
Continental European non-motorway dual carriageways can have limits as high as 110130 km/h
(6881 mph).
https://en.wikipedia.org/wiki/Controlled-access_highway
1. Introduction
1.1 In mid 1994 the Road Opening Working Party (ROWP) chaired by Secretary for Works decided
to require utility undertakers to carry out Traffic Impact Assessment (TIA) for any proposed utility
works on traffic sensitive routes. This requirement was implemented in stages and from April 1995
the TIA requirement applies to 126 roads / road sections. In December 1994 the ROWP decided to
ban day time utility works on 45 traffic sensitive road sections. This Guidance Note contains a
consolidated guidelines on these two requirements.
1.2 The requirements stipulated by ROWP are for utility works. Subsequently Highways Department
(HyD) decided to follow the TIA requirement for inhouse works and to comply with the day-time
ban requirement as far as practicable. It is recognised that it will not be in the interest of the public to
restrict certain highway works to night time such as construction of elevated road or road
construction.
2. TIA Requirement
2.1 Objective
The list of roads where TIA requirements shall apply is given in Appendix 1 and
includes Red Routes and Pink Routes and some other traffic sensitive routes.
a) any works requiring an excavation permit from the HyD including but not limited to
utility works implemented by utility undertakers and road opening works by
other public bodies or private developers; and
b) HyD capital works projects, road improvement works and maintenance works.
2.4 Exemption
a) Emergency works (for utility works, the list of emergency works agreed between
utility undertakers and HyD shall apply).
b) Works involving night work only are generally exempted except a few critical routes
such as Cross Harbour Tunnel Approach Roads. The concerned TE Division
of TD must be notified and consulted in advance. Night work is defined as
work within the following period
1
2200-0600 hours for Strategic Road Networks (SRN) 2000-
0600 hours for other roads.
2.5 Procedures
a) A TIA Report outlining the findings and recommendations of the TIA shall be
prepared. Guidelines on preparing TIA Reports (including estimation of road
capacity) are given in Appendix 2.
c) The concerned TE Division of TD will normally reply within three weeks after the submission.
d) Applications for excavation permits will not be processed until the related TIA
Report has been approved by TD.
e) For capital works projects, assessment of traffic impact shall be carried out during the planning
stage in consultation with TD and the Commissioner of Police. Depending on the complexity of any
traffic management measures required, it may be necessary to set up a Traffic Management Group
at the construction stage to consider and fine tune those measure