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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 ?
• 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

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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

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ywvutsrqponmlkjihgfedcaWTSRQPONMLIFDC

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.

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What is ROW Certification ?

• A statement that sufficient property rights to construct,
• perate, 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

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What are the three kinds of ROW certifications ?

• Certificate 1 (most preferred)
• Certificate 2
• Certificate 3 (least preferred)

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WSDOT OR Local Programs-LPE Update

What is a Certification 1 ?

• All necessary rights have been acquired
• Deed or physical possession and use obtained … Legal ownership not

mandatory

• 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

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What is a Certification 2 ?

• Right to occupy all ROW
• Trial or appeal of some parcels may be pending
• 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

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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
• Full explanations and reasons
• Identify each outstanding parcel
• Provide realistic date of physical occupancy and use

TWO certification options Excepted Parcel and Time Based

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WSDOT OR Local Programs-LPE Update 4

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

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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

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Questions

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