Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

67 Pa. Code § 459.9. Special conditions, aboveground facilities.

§ 459.9. Special conditions, aboveground facilities.

 (a)  General rule. A permit will not be issued to install aboveground facilities at a location which the Department determines to have a high accident potential.

 (b)  Location of aboveground facilities. The location of an aboveground facility shall be:

   (1)  Within nonlimited access right-of-way.

     (i)   New poles and other aboveground facilities shall be installed outside the highway clear zone as near the right-of-way line as practicable, under the permit and applicable provisions of Design Manual, Parts 2 and 5.

     (ii)   Replacement of poles and other aboveground facilities shall comply with the permit and applicable provisions of Design Manual, Part 5.

     (iii)   Installation of poles and other aboveground facilities in locations where highway guide rail or curb exists shall comply with the permit and applicable provisions of Design Manual, Parts 2 and 5.

   (2)  Installation of poles, guys and other aboveground facilities within limited access right-of-way shall comply with applicable provisions of the Federal Highway Program Manual—Volume 6, Chapter 6, section 3; the A.A.S.H.T.O. ‘‘Policy on the Accommodation of Utilities on Freeways’’; and Design Manual, Part 5.

 (c)  Location of wires, cables or conductors. A wire, cable or conductor which overhangs a portion of the right-of-way shall be placed to provide a minimum vertical clearance of 18 feet over the pavement and shoulder, except where the National Electrical Safety Code requires vertical clearances in excess of 18 feet due to voltage or span lengths.

 (d)  Guys. A guy shall be placed and insulated in the following manner:

   (1)  A guy shall be placed to avoid interference with vehicular or pedestrian traffic.

   (2)  A guy shall be insulated or grounded in compliance with the National Electrical Safety Code.

 (e)  Identification of poles. A pole shall bear the name or initials of the facility owner and the pole numbers assigned by the facility owner.

 (f)  Seismograph—vibroseis method. Seismograph—vibroseis method shall comply with the following:

   (1)  Seismograph operations by other than the vibroseis method will not be permitted.

   (2)  A permit will not be issued to authorize seismograph operations within limited access highway right-of-way.

   (3)  Wherever possible, seismograph operations shall be performed entirely off the pavement and shoulder to lessen interference to traffic.

 (g)  Modular concrete replacement units, metal reinforcing collars and similar devices.

   (1)  Modular concrete replacement units, metal reinforcing collars and similar devices may not be placed in State highway right-of-way unless located:

     (i)   Thirty feet or more beyond the edge of pavement under Design Manual, Part 2, Chapter 12.

     (ii)   At the top of a slope (2:1 or greater) or at least 8 feet beyond the toe of the slope.

     (iii)   Beyond parallel drainage ditches.

     (iv)   Beyond the specified deflection distance for the type guide rail in front of the location, under Design Manual, Part 2.

   (2)  No permit will be issued for the placement of a new facility, or for the repair, modification, reinforcement or replacement of an existing facility, by modular concrete replacement units, metal reinforcing collars or similar devices unless the facility is located in compliance with paragraph (1).

Authority

   The provisions of this §  459.9 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § §  670-411, 670-420 and 670-702).

Source

   The provisions of this §  459.9 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial pages (63782) and (113653).

Cross References

   This section cited in 67 Pa. Code §  459.6 (relating to emergency work); and 67 Pa. Code §  459.7 (relating to general conditions).



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