ywvutsrqponmlkjihgfedcaWTSRQPONMLIFDC Do you require and temporary - PDF document

WSDOT OR Local Programs-LPE Update WSDOT OR Local Programs Frequently Asked ROW Questions Bryan Dias, PE (360) 357-2631, diasb@wsdot.wa.gov 7/2019 Does My Project Need ROW ? • Can your project be built In its entirety within current ROW ? ywvutsrqponmlkjihgfedcaWTSRQPONMLIFDC • Do you require and temporary construction easements ? • Do you require a permit ? • Is the temporary permit between another governmental agency • Review Section 25.4 LAG Manual • NO ROW Verification training https://www.wsdot.wa.gov/publications/fulltext/localprogra ms/NoROWVerification/story_html5.html 2 What is required to start ROW acquisition w ith Federal Dollars ? • Project is on the STIP • Current (less than 3 years old) Approved NEPA • PFE • Approved ROW Plans • Approved relocation plan 3 1

WSDOT OR Local Programs-LPE Update Do state funded projects need a ROW Certification While there is an expectation that the uniform process will be followed on State Funded projects a certification process by Local Programs is not required. 4 What is ROW Certification ? ywvutsrqponmlkjihgfedcaWTSRQPONMLIFDC • A statement that sufficient property rights to construct, operate, and maintain the facility as shown on the PS&E have been obtained • ROW is clear of encroachments • ROW was been acquired with the URA and /or the Federal Land Transfer Process 5 What are the three kinds of ROW certifications ? • Certificate 1 (most preferred) • Certificate 2 • Certificate 3 (least preferred) 6 2

WSDOT OR Local Programs-LPE Update What is a Certification 1 ? • All necessary rights have been acquired o Deed or physical possession and use obtained … Legal ownership not mandatory o Trial or appeal cases may be pending but legal possession • All occupants have vacated the ROW • Right to enter on all land • Right to remove salvage or demolish any remaining improvements • WSDOT does not allow CERT 1 on a possession and use agreement 7 What is a Certification 2 ? • Right to occupy all ROW o Trial or appeal of some parcels may be pending o Some parcels have rights to entry only. Possession and use or legal ownership has not been obtained. • All occupants have vacated the ROW • Right to enter on all land • Right to remove salvage or demolish any remaining improvements 8 What is a certification 3 ? • All ROW not acquired • Acquisition of a few parcels not complete • All occupants have had replacement housing made available per 49 CFR 24.204 but may not have moved • Justification is required o Full explanations and reasons o Identify each outstanding parcel o Provide realistic date of physical occupancy and use TWO certification options Excepted Parcel and Time Based 9 3

WSDOT OR Local Programs-LPE Update Certification 3 cont. Time based • Agreement that payment and relocation be completed prior to bid opening • Allows use of time between ad and bid opening Excepted Parcel • Must notify bidders of locations where right of occupancy not obtained • Contractors must work around the parcel • Rarely used Certification 3 should be an exception 10 Who do I contact if I have ROW questions Bryan Dias OR Local Programs Engineer (360) 357-2631, diasb@wsdot.wa.gov Michelle Newlean HQ Local Programs (360) 705‐7329 11 Questions 12 4