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  4. Encroachment Permits

Encroachment Permits

Utah Code Section 72-7-102 prohibits digging or excavating within the state right-of-way to place, construct, or maintain any approach road, driveway, pole, pipeline, conduit, sewer, ditch, culvert, billboard advertising sign, or any other structure or object of any kind or character without first obtaining a permit.

An encroachment permit allows certain time-limited construction, installation, and repair-related activities to take place within the state right-of-way in conformity with state and federal law.  Before an encroachment permit is issued the applicant must complete a number of procedural requirements including, but not limited to:

Statewide Utility License Agreement

All utility owners who have utilities facilities located within State Highway Right-of-Way must enter into a license agreement with UDOT before submitting any encroachment permit application. NOTE: Contractors performing work on behalf of utility owners are not required to enter into a license agreement but must ensure the utility owner has completed this step. Link for more information on Statewide Utility License Agreements 

Performance & Warranty Bond 


A Performance & Warranty Bond is required for all encroachment permit applications.  Applicants have the option to secure an Individual bond (one-time use only) or a Statewide bond (multiple and multi-region use).  

This two-option bonding process is designed to accommodate varying business needs.  Applicants who infrequently apply for an encroachment permit may be better served by securing an Individual bond, whereas applicants who frequently apply for encroachment permits may be better served by securing the Statewide bond.  

Important Notes: The minimum coverage amounts are $100,000 for the Statewide bond.  Please contact the appropriate Region Permits Office before securing an Individual Bond, as the minimum bond amount is determined by the Region Permits Office.  Typically, the minimum Individual Bond coverage is set at $25,000, but make sure to check before securing this bond.  Both bonds must cover a three (3) year term and must be submitted using the approved UDOT bond forms.  A copy of the required bond forms are available in the embedded links in this paragraph above (see blue text).

Inspection Bond
UDOT may require an additional Inspection bond to ensure payment for UDOT field review and inspection costs before an encroachment permit is granted.

Minimum Liability Insurance Coverage
Applicants are also required to provide a certificate of liability insurance in the minimum amounts of $1,000,000 per occurrence and $2,000,000 in aggregate.

The remainder of this page contains important downloads and links relating to the encroachment permit process. To apply online now please navigate to this link: APPLY ONLINE. For more information please contact the appropriate Region Permit Office here: Permits Contact Information.

Additional Information

Downloads

  • Permit Excavation HandbookPublished: Updated April 20, 2015, The Permit Excavation Handbook serves as an operational guide for excavation contractors, utility owners, and other interested stakeholder groups who perform permit-related excavation work within the Utah Department of Transportation (UDOT) right-of-way. 
  • R930-7 Individual Performance and Warranty Bond (one-time use only)Updated October 29, 2018
    IMPORTANT NOTE:  This Individual Performance & Warranty Bond form is a single one-time use bonding instrument.  This bond may not be used for more than a single project.  Please contact the appropriate Region Permitting Operations Office to determine the minimum bond coverage amount prior to establishing this bond with a surety agency.  Typically, the minimum Individual Bond coverage is set at $25,000, but make sure to check before securing this bond.

  • R930-7 Statewide Performance and Warranty Bond (multiple and multi-region use)Updated October 29, 2018IMPORTANT NOTE:  The Statewide Performance & Warranty Bond Form was recently updated.  The revised bond form is now continuous until canceled.  The Department may continue to honor the previous version of the Statewide Performance & Warranty Bond Forms that have not reached the end of their one-year operational life-cycle, however upon expiration of the old bond form all persons seeking an encroachment permit are required to transition to this new continuous bond.    
  • NO-ACCESS Control Line Modification FormThis form is designed to help navigate the comprehensive process of requesting a temporary, or locked gate, access to a protected No-Access facility.  Certain State and Federal (interstate) highway facilities are protected and classified as NO-ACCESS facilities.  Access to these facilities is tightly controlled and mostly prohibited (hence the classification as a “No-Access” facility).  Nonetheless, there are some occasions where prohibiting all access conflicts with UDOT’s mission, strategic goals, or the broader interests of the traveling public.  In those few situations, this form is the starting place to request access.                  
  • UDOT Policy 08A-06 (Drainage Systems and Offsite Drainage Connections)This is the link to UDOT’s Drainage Systems and Offsite Drainage Connections Policy.
  • UDOT Policy 08A-06 Drainage AgreementThis is the Drainage Agreement that accompanies UDOT Policy 08A-06 (Drainage Systems and Offsite Drainage Connections).  Please note, any alterations to the Drainage Agreement language is strictly prohibited.  
  • Tower Cranes and Use of Highway AirspaceMobilizing tower cranes within the State’s highway airspace can create a number of increased risks to the traveling public.  As a result, tower crane encroachments are required to conform to Section 6.3.9 – Use of Highway Airspace process as defined within UDOT’s Right of Way Operations Manual (see bottom of p.266).  This section of the manual prescribes detailed State and Federal regulatory requirements that must be met before UDOT may consider whether or not a permit may be issued to accommodate the requested use of the highway airspace.  The link at the top of this section (also here) is an EXAMPLE of a COMPLETED APPLICATION that met all of the stringent state and federal requirements for permitting a tower crane in proximity to I-15 in Sandy, Utah.  This document is being shared (with written permission from the contractor) to aid future interested parties in understanding the minimum level of efforts that are associated with this highly-specialized permitting process.  To this end, please carefully read and review all of this content before contacting UDOT in regards to the overall feasibility of mobilizing any tower crane within proximity to the State’s highway airspace.     
  • R930-7 Inspection Bond FormPublished August 2, 2004
    Occasionally Contractors are required to post a performance bond to ensure payment of the inspection fees.
  • Utility Permit FeesPublished July 1, 2008
    The fee schedule for figuring the cost of an Encroachment Permit to work for on the UDOT right-of-way.

Helpful Links