# COMAR Title 11 — Department of Transportation

## Subtitle 04 — State Highway Administration

### Chapter 06 — Residential Entrance Permits

#### Regulation .01 Procedure for Obtaining Permit.

*COMAR 11.04.06.01*

A. Work within the State right-of-way may not be undertaken until a permit has been issued by the State Highway Administration.

B. An individual or corporation desiring to construct an entrance to serve a private residence shall make written application, transmitted by methods as determined acceptable by the Administration, in the form prescribed in these regulations, to the appropriate office listed below:

B-1. Addresses may be posted on the Administration's website.

C. Application. Applications shall be submitted in duplicate on forms provided by the Administration, or by other methods as determined acceptable by the Administration.

D. Plans. If the entrance is proposed to be built in substantial similarity to typical entrance designs available from the Administration, plans are not required. The number of the appropriate plan should be indicated on the application forms. If plans are required, submit three copies drawn to appropriate scale (recommended scale is 1 inch = 20 feet).

E. Performance Surety.

  (1) To ensure complete and satisfactory compliance with the terms and specifications of the entrance permit, the permittee may be required to submit a performance bond, letter of credit, or certified check in the amount of 150 percent of the cost estimated for the construction for each entrance. The estimate must be acceptable to the Administration.

  (2) If a surety is submitted, the Administration shall be designated as the obligee, and the permittee as principal.

  (3) If a certified check is submitted, the check shall be made payable to the State Highway Administration.

  (4) The permittee shall inform the State Highway Administration's resident maintenance engineer when work within the State's right-of-way is completed. Upon formal approval, the performance bond, letter of credit, or posted funds shall be returned to the permittee.

F. Utility Adjustment. The permittee shall relocate or have relocated all utilities which are within the paving and in front of the curbs to be constructed under the permit. The permittee shall obtain, from the appropriate party or agency, all other permits or approvals necessary to conform to the requirements of the permit.

G. Engineering Fee. In connection with the processing of applications, an engineering fee determined by the Administration may be charged for each point of access and offsite improvement beyond the first point of access. No engineering fee may be charged for the first access to a single residential property.

H. Inspection Cost.

  (1) At the discretion of the Administration, a State highway construction inspector may be assigned to inspect the work stipulated in the permit. The cost of the inspection shall be the responsibility of the permittee and shall be submitted before a permit is issued.

  (2) If the cost of the inspection, including any necessary laboratory work, is expected to exceed $5,000, the cost shall be paid in advance. The cost shall be calculated on the base pay of the assigned employee, plus overhead, and all administrative and general expenses.