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In the State of Indiana, the Right of Way Permit, denoted as State Form 41769, serves as a crucial document for entities looking to undertake various types of construction projects within the state-managed right-of-way areas. This detailed form, which gained approval from the State Board of Accounts and the Auditor of State in 2000, outlines a comprehensive set of requirements and provisions covering the issuance and governance of permits for excavation, pole line installation, bridge attachments, and other miscellaneous activities. It not only sets forth the conditions under which a permit may be granted, such as the necessity of notifying the Indiana Department of Transportation (INDOT) prior to starting and upon completion of work, but also mandates the permittee to abide by safety and inspection protocols, manage traffic through proper signage in accordance with the Indiana Manual of Uniform Traffic Control Devices, and ensure that all construction materials and practices adhere to the department's "Standard Specifications." Furthermore, the form emphasizes the permit holder's responsibility for any damage or injuries that may occur as a result of the work, requiring a bond in some cases and mandating indemnification of the state against liabilities. With a focus on maintaining public safety and infrastructure integrity, the State 41769 form underscores the rigorous compliance and procedural framework that applicants must navigate to lawfully execute construction operations within Indiana's right-of-way jurisdictions.

Sample - State 41769 Form

 

RIGHT OF WAY PERMIT

 

 

 

STATE OF INDIANA

 

 

 

 

 

 

 

State Form 41769 (R5 / 3-00)

 

 

 

INDIANA DEPARTMENT OF TRANSPORTATION

 

 

 

 

 

 

 

Approve by State Board of Accounts, 2000

 

 

 

Approved by Auditor of State, 2000

 

 

 

 

 

 

 

 

 

 

 

 

 

Type of Permit:

 

 

 

 

 

 

 

Excavation

Pole Line

Bridge Attachment

Miscellaneous

 

 

 

 

 

 

District

 

Subdistrict

 

Telephone number

 

 

 

 

(

 

)

 

Project locations:

 

 

 

Reference pt. number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Project description:

 

 

 

 

 

 

 

Project purpose:

Bond required:

 

If Yes, Penal Sum

Bond number

 

 

 

Yes

 

No

$

 

 

 

 

 

 

PERMIT FEE: (Make check or bank draft payable to "Indiana Department of Transportation")

$

SPECIAL PROVISIONS:

THE APPLICANT AGREES TO INDEMNIFY, DEFEND, EXCULPATE, AND HOLD HARMLESS THE STATE OF INDIANA, ITS OFFICIALS AND EMPLOYEES FROM ANY LIABILITY DUE TO LOSS, DAMAGE, INJURIES, OR OTHER CASUALTIES OF WHATSOEVER KIND, OR BY WHOMSOEVER CAUSED, TO THE PERSON OR PROPERTY OF ANYONE ON OR OFF THE RIGHT-OF-WAY ARISING OUT OF, OR RESULTING FROM THE ISSUANCE OF THIS PERMIT OR THE WORK CONNECTED THEREWITH, OR FROM THE INSTALLATION, EXISTENCE, USE, MAINTENANCE, CONDITIONS, REPAIRS, ALTERATION, OR REMOVAL OF ANY EQUIPMENT OR MATERIAL, WHETHER DUE IN WHOLE OR IN PART TO THE NEGLIGENT ACTS OR OMISSIONS (1) OF THE STATE, ITS OFFICIALS, AGENTS, OR EMPLOYEES; OR (2) OF THE APPLICANT, HIS AGENTS, OR EMPLOYEES, OR OTHER PERSONS ENGAGED IN THE PERFORMANCE OF THE WORK, OR (3) THE JOINT NEGLIGENCE OF ANY OF THEM; INCLUDING ANY CLAIMS ARISING OUT OF THE WORKMEN'S COMPENSATION ACT OR ANY OTHER LAW, ORDINANCE, ORDER, OR DECREE. THE APPLICANT ALSO AGREES TO PAY ALL REASONALBE EXPENSES AND ATTORNEY'S FEES INCURRED BY OR IMPOSED ON THE STATE IN CONNECTION HEREWITH IN THE EVENT THAT THE APPLICANT SHALL DEFAULT UNDER THE PROVISIONS OF THIS PARAGRAPH.

Signature of permit applicant

Printed name of permit applicant

 

 

 

Name of company organization

 

Telephone number

 

 

(

)

Address (number and street, city, state, ZIP code)

Inspector

District Regulatory Supervisor

District Director

Application number

Road number

County number Expiration date Issue date

Permit number

State of Indiana

Department of Transportation

GENERAL PROVISIONS

1.All work described in the permit shall be subject to the inspection of the Department of Transportation and the permittee shall adjust or stop operations upon direction of any police officer or Department of Transportation employee.

2.The permit may be rescinded at any time by the Department of Transportation at its discretion or for noncompliance with any and/or all provisions of said permit.

3.The permittee shall notify the Department of Transportation Subdistrict five (5) working days preceding the beginning of any work activity.

4.The permittee shall notify the Department of Transportation Subdistrict that the work is complete and this notice is to be provided within seven (7) days from completion of all work on this permit.

5.The permittee shall have the permit complete with drawings and special provisions in their possession during work operations and will show said permit on demand, to any police officer or authorized Department of Transportation employee.

6.The permittee shall pay the Department of Transportation for any inspection costs where it is necessary to assign a Department of Transportation employee to inspect the work. The permittee shall immediately reimburse the State upon receipt of an itemized statement.

7.The permit is valid through the stated expiration date. If work is not completed within the allotted time, the permit is automatically cancelled unless an extension is requested prior to the expiration date and said request is approved by the Department of Transportation. If a permit is cancelled, a new application must be submitted and approved before the proposed work can be accomplished.

8.The permittee shall erect and maintain all necessary signs, barricades, detour signs, and warning devices required to safely direct traffic over or around the part of the highway where permitted operations are to be done so long as the work does not interfere with traffic, in accordance with Section “VI” of the Indiana Manual of Uniform Traffic Control Devices.

9.All construction and materials used within the highway right-of-way must conform to the current Department of Transportation “Standard Specifications” with the permittee being considered in the same status as the contractor.

10.The permitted operations shall not interfere with any existing structure on the Department of Transportation right-of-way without specific permission in writing from the Department of Transportation. In the event that any buildings, railings, traffic control devices, or other structures are damaged, said cost of the removal and/or damage shall be borne by the permittee.

11.This permit does not apply to any State roads or bridges that are closed for construction purposes, or to any county roads or city streets.

12.Approval of the permit application shall be subject to the permittee obtaining all necessary authorizations from local authorities and complying with all applicable laws. The issuance of the permit shall in no way imply Department of Transportation approval of, or be intended to influence any action pending before a local board, commission, or agency.

13.The permitted operations shall be allowed on state highway right-of-way only between sunrise and sunset and shall not be performed on Saturdays, Sundays, or during the period beginning at 12:00 Noon on the last weekday (Monday through Friday) preceding and continuing until Sunrise on the day following: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.

14.In accordance with the notice requirements of Indiana Code 4-22-1-25, any objection to the conditions and provisions of an approved permit must be submitted in writing to the Department of Transportation within fifteen (15) days from the issue date.

Form Overview

Fact Detail
Form Title Right of Way Permit
State Indiana
Form Number 41769 (R5 / 3-00)
Approving Entities Approved by State Board of Accounts and Auditor of State, 2000
Permit Fee Payment Make check or bank draft payable to "Indiana Department of Transportation"
Types of Permit Excavation, Pole Line, Bridge Attachment, Miscellaneous
General Provisions Work subject to inspection; permit may be rescinded for non-compliance; detailed notification requirements for work start and completion; costs for additional inspections
Safety and Compliance Must erect and maintain necessary signs and comply with Indiana Manual of Uniform Traffic Control Devices; not to interfere with traffic or existing structures
Liability and Defense Clause Applicant agrees to indemnify, defend, and hold harmless the State of Indiana from any liability or expenses arising from work connected with the permit

Guide to Filling Out State 41769

Filling out the State Form 41769 for obtaining a Right of Way Permit in Indiana requires attention to detail and an understanding of the project at hand. This document is crucial for anyone looking to perform work that encroaches on the state's right of way, ensuring safety and compliance with state regulations. Whether the project involves excavation, installation of pole lines, bridge attachments, or other miscellaneous activities, accurate completion of this form is essential for gaining the necessary approvals. Following these steps will help streamline the process and avoid potential delays.

  1. Type of Permit: Start by selecting the type of work you plan to conduct. This could be Excavation, Pole Line, Bridge Attachment, or Miscellaneous.
  2. District/Subdistrict: Fill in the appropriate district and subdistrict where the project will take place. This information may require prior research or contact with the Indiana Department of Transportation to ensure accuracy.
  3. Telephone Number: Provide a contact number where you or the responsible party for the project can be reached.
  4. Project Locations: Enter the reference point number and detailed descriptions of the project locations. This should be as specific as possible to avoid misunderstandings.
  5. Project Description and Purpose: Clearly describe the nature of the work to be done and the objective of the project. This helps in assessing the impact and necessity of the proposed work.
  6. Bond Required: Indicate whether a bond is required for your project by checking "Yes" or "No." If yes, include the Penal Sum and Bond number.
  7. Permit Fee: Calculate and write the permit fee, ensuring the check or draft is payable to "Indiana Department of Transportation."
  8. Special Provisions: Read the special provisions section carefully. By signing the application, you agree to these terms. Ensure you fully understand your obligations, especially regarding indemnification and expenses related to potential legal issues.
  9. Signature and Printed Name: The permit applicant must sign and print their name to validate the form. Also, provide the name of the company or organization, telephone number, and full address.
  10. Inspector and Regulatory Supervisor Information: These fields might require coordination with the Department of Transportation to complete. If unsure, leave blank or request assistance from the relevant department.
  11. Application, Road, County Numbers, and Dates: These sections will likely be filled in by the Department of Transportation upon submitting the form. Note the importance of the expiration date to ensure your project does not extend beyond its validity.

After the form is completed and submitted, the next steps include waiting for review and approval from the Department of Transportation. This period may vary, so planning accordingly and submitting the application well in advance of the project start date is prudent. Keeping a copy of the submitted form for your records is also recommended. Remember, this permit is a legal document, and compliance with all outlined terms is mandatory throughout the project duration.

Frequently Asked Questions

What is the State Form 41769 used for?

The State Form 41769 is used to obtain a Right of Way Permit in the State of Indiana. This permit allows for various operations such as excavation, pole line installation, bridge attachment, and other miscellaneous activities within the state's right-of-way areas under the jurisdiction of the Indiana Department of Transportation.

What are the requirements for submitting a State Form 41769?

When submitting a State Form 41769, the applicant must provide a detailed project description, the purpose of the project, and contact information. Additionally, if required, a penal sum bond number and amount must be included. A permit fee, payable to the "Indiana Department of Transportation," is also necessary. The application must be fully completed and signed by the applicant.

Is a bond required for all types of work under this permit?

Whether a bond is required depends on the type of work being conducted. The form asks if a bond is necessary and, if so, requires the penal sum and bond number. It’s important to check with the relevant District or Subdistrict office to understand if your specific project requires a bond.

What happens if the work is not completed by the expiration date on the permit?

If work is not completed by the expiration date noted on the permit, the permit automatically becomes cancelled. To continue work past the expiration date, an extension must be requested before the permit expires and approved by the Department of Transportation. Failure to secure an extension means a new application must be submitted and approved before work can resume.

How can one ensure compliance with traffic safety during permitted operations?

The permittee is responsible for erecting and maintaining necessary traffic safety signs, barricades, detour signs, and warning devices to safely direct traffic around the work area, according to the Indiana Manual of Uniform Traffic Control Devices. These measures must be in place as long as they are necessary to ensure that the work does not interfere with normal traffic flow.

Are there any restrictions on the hours or days when work can be performed?

Yes, permitted operations on the state highway right-of-way are allowed only between sunrise and sunset. Additionally, work is not permitted on Saturdays, Sundays, or during specific holidays and the periods surrounding them. It is crucial to plan work schedules in accordance with these restrictions to maintain compliance with the permit conditions.

Common mistakes

Filling out the State 41769 form, known as the Right of Way Permit for the Indiana Department of Transportation, requires attention to detail and a thorough understanding of its requirements. Mistakes on this form can lead to delays or rejection of the application. Below are six common errors applicants make:

  1. Not providing detailed project descriptions and purposes: Project descriptions and purposes are crucial for understanding the scope and intent of the proposed work. Many applicants fail to furnish sufficient details, leading the department to request additional information, which can delay the processing time.
  2. Overlooking the bond requirement: If the form indicates that a bond is required, applicants must submit the Penal Sum Bond number along with the bond. Neglecting to include this could result in an incomplete application.
  3. Failing to correctly calculate or submit the permit fee: The permit fee should be accurately calculated, and the correct amount must be submitted with the application. Errors in this step can lead to unnecessary back-and-forth communication, slowing down approval.
  4. Omitting contact information and signatures: Accurate and complete contact information and the necessary signatures are mandatory for processing the application. Sometimes, applicants miss these sections or provide incomplete details, causing a delay in processing.
  5. Ignoring the special provisions section: The special provisions section outlines specific conditions or requirements related to the permit. Applicants often skip this part, not realizing it may contain crucial information pertinent to their project's compliance.
  6. Missing notifications to the Department of Transportation: The form requires permit holders to notify the Department of Transportation’s Subdistrict before work begins and after it is completed. Failing to adhere to these notification requirements can lead to permit violations.

These mistakes, while seemingly minor, can significantly impact the progress and approval of your project. Carefully reviewing all sections of the State 41769 form, providing detailed and accurate information, and ensuring that all required documents and fees are submitted can help streamline the process. Remember, the goal of this form and its requirements is not just bureaucratic compliance, but safety and efficiency on public roadways. Ensuring you submit a complete and correct application is a step towards achieving that goal.

  • Double-checking the accuracy of all provided information can save time.
  • Ensuring that all documentation is up-to-date and properly submitted avoids delays.
  • Being mindful of the deadlines for notifications and project completions ensures compliance with the permit's conditions.

By avoiding these common pitfalls and adhering to the guidelines provided in the form, applicants can facilitate a smoother review process and move forward with their projects without unnecessary obstacles.

Documents used along the form

When applying for a Right of Way Permit in the State of Indiana, using the State Form 41769, applicants find themselves navigating through a variety of paperwork. Each form or document serves its unique purpose, working together to ensure a streamlined process for the applicant. Understanding these documents can simplify the application process, ensuring compliance and avoiding delays.

  • Construction Plan Drawings: These detailed drawings outline the specifics of the proposed project, including dimensions, location relative to existing structures, and any anticipated impacts on the surrounding area.
  • Proof of Insurance: Applicants must provide evidence of liability insurance, safeguarding against potential damages or injuries arising from the project activities.
  • Bond Form: A bond might be required to ensure the completion of the project according to the terms stipulated in the permit. This form outlines the bond amount, surety, and bond number.
  • Local Government Approval Letter: For projects impacting local jurisdictions, a letter of approval or no objection from the relevant local government entity may be required.
  • Environmental Impact Assessment: For projects that might affect the environment, this assessment provides details on the potential impacts and proposed mitigation strategies.
  • Traffic Control Plan: This plan details how traffic will be managed around the project site to ensure the safety of the workers and the general public. It's essential for projects that affect roadways and pedestrian paths.
  • Utility Company Notifications: If the project impacts utility lines (e.g., gas, electricity, water), documented notifications to, or agreements with, the affected utility companies are necessary.
  • Landowner Consent Forms: For projects extending onto private property, consent forms from all affected landowners are required, granting permission for the project to proceed.
  • Erosion and Sediment Control Plan: This plan outlines measures to prevent erosion and control sediment during construction activities, crucial for maintaining local water quality.
  • Permit Fee Payment Receipt: Proof of payment for the permit fee, as indicated on the State Form 41769, ensures the application is processed.

Gathering the right documents is a crucial step in ensuring your project starts on solid ground. By preparing these forms and ensuring they meet the required standards, you're taking a proactive approach toward a successful application. While it might seem like a lot of paperwork, each document plays a vital role in protecting the community, environment, and ensuring that all projects adhere to the highest standards.

Similar forms

    The State 41769 form, used for obtaining a right of way permit in the State of Indiana, shares similarities with other documents that are essential for various state-regulated activities. These similarities can be crucial in understanding the scope and requirements of the permitting processes across different fields.

    Construction Permit Applications: Much like the State 41769 form, construction permit applications often require detailed project descriptions, including the purpose, location, and nature of the construction work. Both documents necessitate information on the project's potential impact on the surrounding area and include provisions for safety and compliance inspections. In construction permits, there's also a demand for indemnity clauses to protect the state or local authorities, mirroring the indemnification agreement present in the State 41769 form where the applicant must agree to hold the state harmless against damages or injuries.

    Environmental Permit Applications: Environmental permit applications also share several features with the State 41769 form, particularly in the detailed project description and the requirement for environmental protection measures. These applications include sections where the applicant must describe the potential environmental impact of their project, similar to how the State 41769 requires a project purpose and description. Both types of permits typically require the applicant to agree to specific conditions aimed at minimizing or mitigating any harmful effects their project might have on the environment or the community.

    Utility Permit Applications: Utility permits, required for projects involving the installation or repair of utilities within public rights of way, bear resemblance to the State 41769 form in several key areas. Both documents necessitate information on the work's location, description, and duration, as well as safety measures and potential road or right of way impacts. Additionally, utility permits and the State 41769 form often require applicants to submit bonding information and agree to indemnify and hold harmless the issuing body and its officials, similar to the comprehensive indemnity clause found in the State 41769 form.

Dos and Don'ts

When filling out the State 41769 form for a Right of Way Permit with the Indiana Department of Transportation, following the recommended guidelines is crucial to ensure the process goes smoothly and without unnecessary delays. Here are the things you should and shouldn't do:

  • Do ensure all information is complete and accurate. Double-check project locations, descriptions, and purposes for clarity and correctness.
  • Do not leave sections of the form blank. If a section does not apply, write "N/A" (not applicable) to indicate that you have read and considered every part of the form.
  • Do make the permit fee payment to "Indiana Department of Transportation" as instructed. Payments should be in the form of a check or bank draft.
  • Do not ignore the bond requirement. If the form states that a bond is required, be sure to secure and provide the necessary bond information, including the penal sum and bond number.
  • Do carefully read and understand the special and general provisions listed in the form. These provisions outline your obligations and the rules governing the permit's use.
  • Do not forget to sign the application. Both the signature of the permit applicant and the printed name are required to validate the form.
  • Do notify the Department of Transportation Subdistrict five working days before the beginning of any work activity, as per the instructions. This notice is critical for ensuring that all parties are prepared and any required inspections can be scheduled.
  • Do not perform work outside of the permitted hours or days. Adhere strictly to the stipulated working hours and avoid working on weekends and specific holidays listed in the general provisions to prevent any compliance issues.

By following these dos and don'ts, you'll be better prepared to complete the State 41769 form accurately and comprehensively, leading to a smoother approval process for your Right of Way Permit application with the Indiana Department of Transportation.

Misconceptions

When it comes to obtaining and following the provisions of the State 41769 form, also known as the "Right of Way Permit" in Indiana, there are several misconceptions that can create confusion for individuals or organizations needing to perform work that impacts state-managed roads and properties. Understanding these misunderstandings is crucial for a smooth permit application process and compliance with Indiana Department of Transportation (INDOT) regulations.

  • Misconception 1: The permit is only necessary for large construction projects.

    This thought is quite common but incorrect. The State 41769 form is required for a variety of activities that impact state right-of-way areas, regardless of their scale. This includes not just large-scale excavations or bridge attachments but also smaller projects like pole line installations or even miscellaneous activities that might not seem significant but actually affect these spaces.

  • Misconception 2: Once obtained, the permit covers all types of work within the right-of-way.

    Each permit is specific to the type of work described in the application, such as excavation, pole line, bridge attachment, or miscellaneous operations. Should the scope of the work change or additional types of work become necessary, a new application or an amendment to the existing permit may be required. This specificity ensures safety and appropriate oversight for each unique project.

  • Misconception 3: The permit is indefinite and does not expire.

    Some might think that once they've gone through the process of securing a permit, it lasts indefinitely. However, each State 41769 permit specifies an expiration date. If the work is not completed within this allotted time, the permit automatically becomes invalid unless an extension is requested before the expiration date and approved by an INDOT representative. This requirement is in place to ensure projects do not indefinitely disrupt or pose risks to public areas and infrastructure.

  • Misconception 4: The permit grants permission to disrupt traffic as needed without prior coordination.

    While the permit does allow for certain operations within the right-of-way, it requires that all necessary signs, barricades, detour signs, and warning devices are erected and maintained as required to safely direct traffic. All permitted operations must follow the Indiana Manual of Uniform Traffic Control Devices to ensure minimal and safely managed traffic disruption.

  • Misconception 5: The application process is only a formality and doesn't require detailed attention.

    The idea that the application process for the State 41769 permit is merely procedural and always approved without much scrutiny is misleading. Approval requires a detailed review of the planned work, ensuring compliance with all applicable laws and standards. The application must include a clear project description, purpose, and, if necessary, a bond. Additionally, it is subject to obtaining all necessary authorizations from local authorities, further demonstrating the thoroughness required in the application process.

Understanding these misconceptions can help applicants navigate the permit process more effectively and ensure their projects comply with Indiana's regulations, contributing to smoother project execution and enhanced safety for workers and the general public alike.

Key takeaways

Understanding the requirements and stipulations of the State Form 41769, issued by the Indiana Department of Transportation, is crucial for entities seeking permits for activities within the right-of-way of Indiana state roads. Below are six key takeaways from this form:

  • The form highlights the need for all proposed work to undergo inspection by the Department of Transportation, affirming the authority's right to direct changes or cessation of work. This ensures adherence to safety and specification standards throughout the operation.
  • It specifies the conditions under which the permit may be cancelled, emphasizing the importance of compliance with the permit provisions. This underscores the fluid nature of the permit’s validity, contingent on the permittee's adherence to its terms.
  • The permittee is mandated to notify the Department of Transportation ahead of starting any work activity and upon completion. This communication is pivotal for scheduling and verification purposes, ensuring that the department is aware of all operations occurring within its jurisdiction.
  • There is an obligation for the permittee to bear the cost of any necessary inspections beyond standard monitoring. This provision ensures that the financial responsibility for ensuring compliance falls on the permit holder, not the state.
  • The permit expressly delineates the requirement for adherence to traffic safety and management practices, as per the Indiana Manual of Uniform Traffic Control Devices. This includes the erection and maintenance of signage and barricades to safeguard public and worker safety during the permitted activities.
  • The inclusion of an indemnification clause obliges the permittee to protect the State of Indiana against liabilities arising from the permitted activities. This broad protection covers damages, injuries, and legal costs, ensuring the state and its employees are safeguarded against claims resulting from the permittee's actions or negligence.

These provisions collectively emphasize the prioritization of safety, compliance, and clear communication between the permittee and the state. Adherence to these stipulations not only facilitates the smooth execution of work within state right-of-ways but also ensures the interests and wellbeing of all parties involved are adequately protected.

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