NWR LPE Update WSDOT NWR Local Programs Frequently Asked ROW - PDF document

NWR LPE Update WSDOT NWR Local Programs Frequently Asked ROW Questions Mehrdad Moini, PE (206) 440-4734, moinim@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? TCE’s often number one issue for Ad delays. • Do you require a permit? • Is the temporary permit between another governmental agency? • Review Chapter 25 LAG ‐ Section 25.4 (ROW Acquisition) • https://www.wsdot.wa.gov/publications/manuals/fulltext/M3 6‐63/Lag25.pdf • LTAP Training Opportunities – • When in Doubt……….. Call David!!!! Early and Often! 2 What is required to start ROW acquisition w ith Federal Dollars? • Project is on the STIP • Approved NEPA – (current and less than 3 years old) ‐ • PFE – Project Funding Estimate – Project Funding Estimate (PFE) is a detailed parcel‐by‐parcel estimate of total expected right of way acquisition costs and is used to obtain authorization and funding for the project. A PFE is required if any appraisals are planned to be waived, and the Agency intends to prepare waiver valuations for any of the parcels on the project. A PFE is based on market transactions (sales) that reflect the current real estate market. Ideally, it is completed by an appraiser, an appraisal reviewer, and a relocation expert. Other ROW staff with appropriate experience, including qualified consultants, may also prepare a PFE. https://www.wsdot.wa.gov/publications/manuals/fulltext/M36‐63/Lag25.pdf • Approved ROW Plans – A ROW Plan indicating the property required to build and maintain the transportation project is required. A right of way plan is a valuable visual‐aid tool for negotiators, appraisers, and attorneys involved in acquisition transactions. It also helps property owners understand why and how their properties are being acquired. https://www.wsdot.wa.gov/publications/manuals/fulltext/M36‐63/Lag25.pdf • Approved relocation plans ‐ 3 1

NWR 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) • https://www.wsdot.wa.gov/publications/manuals/fulltext/M3 6‐63/Lag25.pdf • Certificate 2 • https://www.wsdot.wa.gov/publications/manuals/fulltext/M3 6‐63/Lag25.pdf • Certificate 3 (least preferred) • https://www.wsdot.wa.gov/publications/manuals/fulltext/M3 6‐63/Lag25.pdf 6 2

NWR 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

NWR 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? • David Narvaez HQ’s Local Programs for NWR (206) 440-4205, narvaed@wsdot.wa.gov • Mehrdad Moini, PE – Local Programs Engineer (206) 440‐4734, moinim@wsdot.wa.gov • Renae Larson – Snohomish/ N. King Co • Sayma Rahman – S. King Co. • Tareq Al‐Zeer – Skagit, Whatcom, Island & San Juan Co. 11 Questions 12 4