107.06 Furnishing Right-of-Way

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Contractor request to create a temporary break in Limited Access Right of Way (LAROW) on Interstates

Contractor request to create a temporary break in Limited Access Right of Way (LAROW) on Interstates

Occasionally, a Contractor will need to alter existing access to the interstate for activities such as creating temporary roads, offering staging and storage locations, and creating egress and ingress for temporary batch plants. When ingress or egress is added to a current interstate, MDOT must request written permission from FHWA for a Temporary Break in LAROW.

LAROW breaks indicated on the design plans will be pre-approved during the design process, but any new breaks, location changes, or other modifications occurring after letting will need to follow the guidance below for a contractor request to create a temporary LAROW break.

The contractor’s request to break the interstate limited access right of way is to be submitted to the Engineer containing all reasons and supporting documentation pertinent to this request.  The Engineer will review the request and if they approve will then submit the request to their FHWA Area Engineer for final approval of the LAROW break.

If the request is outside of the project limits, the Engineer must contact MDOT Construction and Utility Permitting who will then submit the proposal to FHWA.

MDOT is required to submit Interstate LAROW break requests to FHWA for review and approval. As part of the FHWA-MDOT Stewardship and Oversight Agreement, FHWA maintains approval authority of LAROW breaks on the Interstate System.  FHWA approval constitutes a federal action which also requires compliance with the National Environmental Policy Act (NEPA) and may require an environmental study.

FHWA Area Engineer approval may contain conditions for approval and these conditions must be met by the contractor or LAROW break approval will be rescinded. 

If the contractor’s request involves any use or transit of private property, the contractor must furnish a copy of the owner’s written permission to the Engineer.  This will be done at the contractor’s own risk, and the agreement must have no additional cost to MDOT or FHWA. Storage of materials on private property must also conform to subsection 105.06 in the Standard Specifications for Construction.  

Temporary construction breaks to LAROW must be managed by the contractor to ensure no unauthorized use by other parties including pedestrians or the motoring public. 

The proposed break must not negatively modify roadway drainage or storm water features. An analysis of present and future drainage is required if the request modifies or crosses a drainage feature or storm water management feature.

Approvals for all temporary construction access through LAROW will expire at the conclusion of the project construction and the right-of-way must be fully restored, including replacement of all fencing, as applicable.

Contractor request to create a temporary break in Limited Access Right of Way (LAROW) on Non-Interstate

FHWA has delegated the approval of Non-Interstate Temporary Breaks in LAROW to the Department. All requests in construction for LAROW breaks on non-interstate highways must follow the same process as above, with the exception of the Engineer must coordinate with MDOT’s Development Services Division instead of FHWA