When is a PennDOT Highway Occupancy Permit Required

ImagePennDOT regulates activities within their road right-of-way through the issuance of Highway Occupancy Permits. By regulation, a permit is required whenever a access point or utility are installed or whenever other modifications are made to or above the the PennDOT right-of-way.

Most commonly for Benchmark, these permits involve the construction of a new driveway or other improvements associated with a new development or a municipal improvement project. Many existing driveways and utilities were constructed prior to 1982 when PennDOT began their current permitting requirements. These facilities are generally not “grandfathered” however some municipalities do not require that permits be obtained as part of land development projects for these older facilities unless they are being modified.

Often permits are also obtained when utilities are installed. Most major utility companies (water, gas, electric,sewer) have a contact with PennDOT which assists them in obtaining permits because they are generally routine in nature. Stormwater pipes which cross the PennDOT right-of-way are permitted to the local municipality who is then responsible for the maintenance of those pipes, inlets, and associated structures. Frequently, when a permit is issued for a stormwater pipe related to a development the local municipality will assign the responsibility and cost for maintaining the stormwater pipes to the developer. The Highway Occupancy Permit is still issued to the municipality but the developer enters into an agreement with the municipality.

Benchmark has extensive experience with designing facilities and obtaining permits from PennDOT for new and existing driveways as well as utilities. We have also completed projects involving overhead conveyor facilities crossing PennDOT right-of-ways. Please contact us to discuss your permitting needs. We have successfully prepared Highway Occupancy Permits for numerous private clients, municipalities, and school districts.

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PennDOT ePermitting System Limits Permit Renewals to 30 Day Window

PennDOT’s ePermitting system has in many ways improved the process of obtaining highway occupancy permits. The Secretary of Transportation often touts how much faster and more efficient it is with permits being issued in 30 days. Obviously, many permits still require several rounds of submissions and the system requires that more information be provided in electronic format.

The system also introduces some challenges as to who can create and submit permits for different aspects of the project (developer for a driveway, municipality for the stormwater pipe crossing, utility company for a pole relocation).

Once the permit is issued, there is generally a one year period for the work to be completed unless a time extension is requested. PennDOT recently pointed out that the new ePermitting system cannot handle the extension of a permit once it has expired for greater than thirty days. Once the permit has expired, a new permit, including application fees, must be submitted. This is the way PennDOT’s regulations have always been. Now the ePermitting system forces PennDOT to enforce the rule.

A word to the wise – once you get a PennDOT Highway Occupancy Permit make note of when it expires. Make sure if you have not completed and closed out the permit work you get your renewal approved within 30 days.