When a utility is found to conflict with any type of Local Government Agency (LGA) project and relocations are necessary, the utility owner is required to submit a Utility Agreement. Below is a summary of the different types of agreements and how roadway jurisdiction dictates the Utility Agreement that shall be used.
Utility Agreement Types
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Utility Encroachment Agreement
- Used for the installation or relocation of utility facilities within NCDOT right of way (ROW); this agreement defines standards, responsibilities, traffic control, inspection, and enforcement
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Utility Relocation Agreement
- This is a reimbursement agreement covering utilities relocated because of a highway project and that are being relocated at the LGA's expense
- New encroaching utilities and betterments may be included in the Utility Relocation Agreement along with the facilities being relocated at the LGA expense
- This agreement will include facilities descriptions, plans, a cost estimate, and a schedule for construction
- In this agreement, the owner will relinquish interest in easements captured within LGA/NCDOT ROW in exchange for continued recognition of prior rights by the LGA/NCDOT
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Municipal Agreement
- Utilities owned by the LGA and constructed as part of the project shall be included within the Municipal Agreement and do not require a separate Utility Construction Agreement
For Locally Administered Projects (LAP) within NCDOT maintained roadways, NCDOT Utility Agreements shall be used. For LAPs within LGA maintained roadways, the LGA shall use their own versions of the above agreements and may use NCDOT standard agreements as a sample for developing their own agreements.
