Resource Center
Utility and Public Right-of-Way: Rights of Way Management
4/7/2011
Update to the May 2002 (AGF) policy. An amendment which specifies penalties and provides a procedure for appeals was adopted in December 2002. The amendment to the policy was provided to APWA by Julie Allen, City of Los Angeles. December 2002
4/7/2011
Check list created by the City and County of San Francisco to assist municipal governments in the development of Excavation Permits. PDF file.
4/7/2011
This document is provided to all new telecommunications companies seeking to do business within the City & County of San Francisco. In addition to obtaining needed business information on new telecommunications firms this document provides these firms with information they need to apply for permits to install equipment within the public right-of-way.
4/7/2011
An exceptionally detailed analysis of a proposed ordinance establishing trench cut fees prepared by the City of Santa Ana, CA Public Works Department and City Attorney's Office. This report was presented to the Budget Committee of the Santa Ana City Council in August 1999.
4/7/2011
In 2003, the Utilities and Public Right-of-Way Committee requested that the UPROW Construction Practices Subcommittee identify and evaluate different electronic permitting (e-Permitting) systems currently in use by various agencies across the nation. This report is a summary of their findings and was presented during the 2003 Congress program.
4/7/2011
In 2003, the Utilities and Public Right-of-Way Committee requested that the UPROW Construction Practices Subcommittee identify and evaluate different electronic permitting (e-Permitting) systems currently in use by various agencies across the nation. This report is a summary of their findings and was presented during the 2003 Congress program.
4/7/2011
The Construction Practices Subcommittee was asked by the UPROW Committee to research available documents related to excavation and trenching standards and to identify good examples. This report documents the process the subcommittee followed to gather the information, assess and evaluate the data and the results of our findings.
4/7/2011
The UPROW Construction Practices Subcommittee was asked to research and evaluate the existing available documents related to Quality Assurance and Quality Control (QA/QC) during construction. The request initiated from the report Recommendations to Establish a New Professional / Educational / Technical Committee for Utility and Public Right-of-Way Issues, prepared by the Utility and Right-of-Way Task Force, and dated April 13, 1998. Section headings include: data collection, analysis and evaluation, evaluation matrix, results, list of submittals.
The attached report documents the process that the subcommittee followed in gathering, assessing, evaluating and reporting the data and the results.
4/7/2011
This report provides an in-depth economic analysis of four alternative methods for determining the fair market value of permits for the placement of fiber optic cables in National Marine Sanctuaries. While the subject of this report deals with the placement of telecommunication in marine environments, the alternative economic analysis methodologies for determining fair market permit values are applicable to rights-of-way in general.
4/7/2011
This file is a peer review of the report on determining the fair market value of permits for placement of fiber optic cables in National Marine Sanctuaries. This review was performed by the Dean of MIT’s Sloan School of Business and does an especially through job of analyzing the willing buyer – willing seller methodology.
4/7/2011
A model Municipal Access Agreement developed by the Federation of Canadian Municipalities.
4/7/2011
the International Right of Way Association (IRWA) is focused on education programs dealing with all aspects of right of way.
4/7/2011
An exceptional example of a customer friendly web site. This site provides visitors with a highly detailed yet easily understood publication that spells out how to submit a street cut permit application and the county’s standards for performing street cuts.
Part of Larimer County's Virtual Courthouse.
4/7/2011
Model license agreement submitted by Level3 Telecommunications, Inc. This document is in effect between Level3 Telecommunications and a number of municipal governments. PDF file. (How to view PDF files)
4/7/2011
Report written by the Utility and Public Right of Way Committee February 2000.
4/7/2011
Web site of the law firm of Miller and VanEaton. This site contains analysis and comments on legal issues relating to public right-of-way management. Summaries of court cases and background information on legal rulings.
4/7/2011
Model ROW USE Agreement developed by the Regional Municipality of Ottawa-Carleton, Ontario, Canada. This generic document serves as the basic framework/draft for all ROW occupancy agreements negotiated with telecommunications firms.
4/7/2011
An example of the uniform ordinance adopted by multiple municipal governments in the Kansas City Metropolitan area. This ordinance has been adopted with minimal alteration by four communities and is in the process of being adopted by four more.
4/7/2011
An access agreement developed by the City of Vancouver, BC governing the use of public rights-of-way for commercial purposes.
4/7/2011
This paper was presented at the Federation of Canadian Municipalities in 1998 on the development of a structured approach for entering the negotiation of Municipal Access Agreements.
4/7/2011
A discussion paper on documenting and calculating actual municipal costs incurred as a result of managing public rights-of-way.
4/7/2011
A detailed legal review of the Franchising, Tower Siting and Open Access issues faced by municipal governments as a result of the Telecommunications Act of 1996 and recent Federal Court decisions. This in-depth paper was written by the law firm of Miller & Van Eaton and is presented on this web site with the express permission of the authors.
4/7/2011
This report describes the findings and conclusions from a multi-year study on the impact of utility cuts on pavement performance conducted by the Regional Municipality of Ottawa-Carleton in Ontario, Canada.
4/7/2011
Federation of Canadian Municipalities Policy Statement on telecommunications providers access to municipal rights-of-way.
4/7/2011
This document answers frequently asked questions (FAQ's) on the policies and procedures followed in the municipality of Prairie Village, Kansas. It is provided to individuals and firms
applying for permits to excavate or place infrastructure in the public right-of-way.
4/7/2011
A model cost recovery plan developed by Springsted Incorporated for the Mid-America Regional Council of Governments. Plan is based on a study of the costs pavement cuts and right-of-way management programs in 12 Kansas City Metropolitan area municipalities. This plan outlines how costs can be identified and documented. PDF file. (How to view PDF files))
4/7/2011
A paper presented at the 1998 NATOA Annual Conference by Leonard A. Krumm, Assistant Director Engineering Operations, Minneapolis, MN. This paper contains 13 drawings showing pavement restoration standards and a staff briefing on establishing uniform state-wide engineering standards prepared by the Minnesota Public Utilities Commission. PDF file. (How to view PDF files)
4/7/2011
Report outlining a three-year study of right-of-way management within the Regional Municipality of Ottawa-Carleton, Ontario, performed by the Ainley Group. This report contains 106 recommendations relating to right-of way management functions of local governmant. Significant recommendations relating to Organizational, Legal, Traffic Management, Pavement Degredation, Permit Fees, Moratoriums, Restoration Standards, Warranties, Information Management, and Damage Prevention issues are contained in this report.
4/7/2011
Report outlining a three-year study of right-of-way management within the Regional Municipality of Ottawa-Carlton, Ontario, performed by the Ainley Group. This report contains 106 recommendations relating to right-of way management functions of local government. Significant recommendations relating to Organizational, Legal, Traffic Management, Pavement Degredation, Permit Fees, Moratoriums, Restoration Standards, Warranties, Information Management, and Damage Prevention issues are contained in this report.
4/7/2011
In the past many people talk about the Right-of-Ways but with different understandings of their use, value and even who controls it and why. Former APWA UPROW subcommittee committee member Paul Devaney has drafted this document in an effort to "get everyone on the same page."
4/7/2011
Sample Right-of-Way ordinance developed by the Maine Chapter of APWA.
4/7/2011
Sample Right of way ordinance developed by the League of Minnesota Cities and the City Engineers Association of Minnesota.
4/7/2011
Set of four documents outlining the development of a Right-of-Way Management Program by the City of Eagan, MN. Documents show how city staff, utility companies and elected officials in a medium size municipality worked together to produce a “win-win” approach to development of right-of-way ordinances and permits. Development of the City of Eagan’s right-of-way management program will be the subject of an educational session at the 2001 International Public Works Congress and Exposition in Philadelphia, PA September 9-13, 2001. Tom E. Struve, Public Works Coordinator, will present this session.
4/7/2011
Municipal Right-of-Way ordinance containing administrative and construction requirements. Appendices outline fee schedules and provide standard construction specifications. PDF file (3 MB)
4/7/2011
A model municipal franchise agreement developed by the Southern California Gas Company.
4/7/2011
Template for a street cut ordinance developed by Southern California Edison and used by Bakersfield and several other municipalities.
4/7/2011
City of Richmond, VA's unique franchise agreement with Verizon. Richmond may be the first city in Virginia to accomplish such an agreement with an ILEC. For more information about this agreement please contact Dianne Linderman (dlinderman@ci.richmond.va.us).
4/7/2011
An exceptional detailed and logical report on the Telecommunications Act of 1996 and how implementation of this act by federal and state regulatory agencies will impact municipal management of the PROW. This documents describes Dayton's plan for dealing with management issues arising from this legislation.
4/7/2011
An article by Bob Beaumier, assistant City Attorney, City of Spokane, WA. This article contains a indepth analysis of the Telecommunications Act of 1996 is is recommended reading for individuals seeking to understand the act "in plain English."
4/7/2011
This model right of way ordinance was prepared in order to assist county and local government officials and those utility owners operating within respective governmental jurisdictions in coping with the various issues resulting from the Telecommunications Act of 1996. It is not to the intention of the Utility and Public Right of Way (UPROW) committee or the Right of Way Management subcommittee that this ordinance be the definitive right of way legislation. However, it does comprise much of the same language that can be found in local ordinances recently passed in various counties and local governments throughout the country. It is strongly recommended that county and local government officials thoroughly review what is applicable under their state laws before preparing a right of way ordinance.
4/7/2011
A paper prepared for the Ontario Good Roads Association's 1999 Annual Conference. This paper addresses the how's and why's of municipal governments charging utilities fees for both the recovery of direct costs associated with the management of public rights-of-way and for the fair market value of using public property for commercial purposes. PDF file. (How to view PDF files)
4/7/2011
A paper by the Federation of Candian Municipalities, Technical Subcommittee on Telecommunications (P.Judd, L Ross, et al) outlining an approach to calculating the value of public rights-of-way and establishing usage fees based on the fair market value of these public assets. PDF file. (How to view PDF files)
4/7/2011
Wisconsin County Highway Association Utility Accommodation Policy. This document was developed by 72 Wisconsin County Highway Commissioners to provide "a document that could be used as the core of a county, town, or village ordinance governing policy on the accommodation of utilities in public right-of-way. The Wisconsin Public Service Commission and utility industry cooperated in the development of this document. Figure 1 Figure 2
