Subtitle 15 – Street Cuts

In this subtitle, the following terms have the meanings indicated.

“Department” means the Department of Transportation.

“Director” means the Director of Transportation or the Director’s designee.

“Excavation” means any work for or in connection with the installation, improvement, maintenance, or repair of any facilities that:

“Public way” means the entire area within the boundary lines of any public street, alley, sidewalk, footway, or other right-of-way, whether acquired by purchase, grant, dedication, or otherwise.

“Street-cut permit” means any permit required by or issued under this subtitle.

“Utility” means any person that owns or operates facilities used to provide electrical, gas, steam, water, sewer, telecommunications, information, video, or other services to customers.

This subtitle applies to any excavation on or in a public way by or on behalf of any public or private utility or any other person.

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Department of Transportation shall adopt rules and regulations to carry out this subtitle.

These rules and regulations shall incorporate standards set by the Department to govern:

These rules and regulations may include procedures for the issuance, service, and enforcement of administrative orders to stop work being done in violation of this subtitle, a rule or regulation adopted under this subtitle, or a condition imposed on a permit issued under this subtitle.

the person first obtains from the Department a street-cut permit for that excavation; or

the work is emergency excavation performed in accordance with <cite data-path="|26|§15-13">§ 15-13 {“Emergency excavation”} of this subtitle</cite>.

Each application for a street-cut permit must be in the form and contain the information that the Director requires.

If an application is approved, the Director may:

Each street-cut permit shall specify:

Unless extended by the Department, a street-cut permit expires if the work to be done under the permit:

A street-cut permit is not transferable.

A person may conduct an emergency excavation without first obtaining a street-cut permit only if:

Under no circumstances may an emergency excavation be closed before:

Fees for street-cut permits shall be assessed in accordance with a fee schedule established by the Director, with the approval of the Board of Estimates.

The fee schedule may set differential rates based on:

maintain the appropriate street-cut permit on site at all times; and

exhibit the permit when requested by the Department.

No person may begin work under a street-cut permit until:

The permittee must diligently pursue the work until its completion.

All work to be done under a street-cut permit must be completed, inspected, and approved before the end date specified in the permit.

with temporary fill or paving;

by trench plating; or

by other protective measures approved by the Department.

Before disturbing decorative surfaces, streetscapes, and landscaped areas, the applicant for a street-cut permit must provide proof that alternatives, such as rerouting, boring, jacking, or scooping, cannot be used.

Restoration of these areas must:

Before erecting or relocating any pole, the applicant for a street-cut permit must agree, for itself and its successors in interest, to the conditions specified in this section.

The pole may be placed only in the position that the Director specifies.

By accepting a street-cut permit, the permitee warrants all work done under the permit against all defects in workmanship and materials for a period of 1 year after the work has been completed, inspected, and approved.

On written notice from the Department of any defect in workmanship or materials during the warranty period, the permittee must make the necessary repairs within the period specified in the notice.

Any repair during the warranty period automatically extends the warranty period to run for 1 additional year beyond the original warranty period.

In this section, “performance security” means any one or a combination of:

No street-cut permit may be issued to any person unless that person submits performance security as required by this section.

The Department shall release the performance security, in whole or in part, after completion of the warranty period and the correction of any defects or violations identified during that period.

By accepting a street-cut permit, the permittee agrees, for and on behalf of itself and, if different, the owner and operator of the facilities, and their respective successors and assigns, to indemnify, defend, protect, and hold harmless the City, its officers, agents, and employees, from and against all claims, actions, costs, damages, demands, expenses, fines, injuries, judgments, liabilities, losses, penalties, suits, fees, and attorneys’ fees allegedly arising directly or indirectly from any act, omission, or negligence of the permitee, owner, or operator, their subcontractors, or the officers, agents, or employees of any of them relating to the permit or the activities authorized by the permit.

Each permittee, owner, and operator has an immediate and independent obligation to defend the City from any claims that actually or potentially fall within this indemnity obligation, even if the allegations are groundless, false, or fraudulent.

The City has a cause of action for indemnity against each permittee, owner, and operator for any costs the City may incur with respect to the permit, except for claims resulting directly from the negligence or willful misconduct of the City.

This indemnity obligation survives expiration of the permit and completion of the work authorized by it.

The Director may impose civil fines for violations of:

A schedule of fines, not to exceed $500 for any one offense, shall be established and may be amended from time to time by the Director with the approval of the Board of Estimates.