Road Use Agreements: How to Reduce Risk Exposure

Written by: David Wirt, PE, Director, Wind & Paul Villaluz, P.E., PTOE, Transportation Senior Project Manager

The presence of oversized vehicles and high traffic volumes during the construction of wind and solar energy projects increases the potential for damage to the surrounding local roads. The amount of damage done to the roads depends on many factors, including time of year, existing road conditions, strength of the underlying soils, and the amount of average daily traffic from construction vehicles. One tool that has been successfully implemented in some parts of the country to identify the amount and impact of this damage on affected roads is the Road Use Agreement (RUA).

What is a Road Use Agreement? 

RUAs are formal agreements of responsibility between the project developer and/or contractor and the county or other authority having jurisdiction (AHJ). RUAs were first introduced for wind projects to quantify and mitigate the damage to public roads from oversized/overweight vehicles delivering turbine components and concrete to the site. Today, RUAs are also used for solar projects due to their increase in size and effect on local roads. 

RUA implementation usually begins with an initial assessment of the anticipated roadway network that will carry construction, delivery, and commuter vehicles to and from the site. This initial assessment can include geotechnical investigations, existing road condition evaluations, and structural evaluations of the roadway sections. Projected structure loading on each segment within the roadway network that could be caused by each type of construction vehicle is applied to each road segment. The initial assessment and the proposed vehicular loading allow the geotechnical engineers to make recommendations for improvements, maintenance, and repairs to return the road to “as good or better” condition at the end of project construction. These recommendations can range from pre-construction upgrades (such as additional aggregate, bituminous overlay, and cement stabilization) to post-construction road repairs. It is important to note that these recommendations are not binding. The contractor’s level of effort to restore the roads to “as good or better” condition depends on factors like weather and the time of year when construction occurs. 

How a Road Use Agreement Can Reduce Risk

A well-executed RUA reduces the risk exposure for all parties, protects public infrastructure, and communicates the developer’s “good neighbor” policies. A well-executed RUA also provides an objective set of standards that are based on scientific and engineering principles. These standards can reduce risk by supporting the following: 

• Collection and thorough evaluation of road condition data that can be shared and understood by all parties.
• Clear communication of all parties’ expectations.
• A collaborative environment that promotes the productive exchange of local knowledge and insight between the developer, contractor, design engineer, and the road authority.
• A better understanding of the costs and level of effort required to assure that the roads are adequate for construction deliveries and that the roads can be returned to the pre-construction condition or better.

The time-honored maxim stating that “an ounce of prevention is worth a pound of cure” governs our RUA efforts. Mindful evaluation of the roads, culverts, and bridges before the start of construction helps our clients avoid the risks of expensive and time-consuming subgrade failures by proactively identifying potential roadway improvements. Responsibly following each step, from evaluation to post-construction repairs, can reduce risk exposure for everyone involved. 

In the end, a clear plan of action that is flexible enough to change as the site is optimized is key to establishing collaborative lines of communication between all stakeholders to reduce risk exposure. 

Our team can maximize the success of your renewable energy project by streamlining the entitlement and permitting processes through the development of fair and objective RUAs. Reach out to see how a Road Use Agreement can help you guide your client’s success.

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About the Authors 

Paul Villaluz, PE, PTOE, RSP1

Paul has over 25 years of diverse experience in transportation planning, operations, and design for the public and private sectors. Paul has extensive experience modeling and evaluating transportation systems, developing and designing capacity and operations-based improvements, preparing and permitting complex traffic control plans, and identifying and designing safety enhancements. 

David Wirt, PE

David joined Westwood in 2010. He has served across a variety of office locations, divisions, and markets and has grown from an intern to a director. David’s diverse portfolio spans the design and management of wind projects to residential and commercial developments. David utilizes his diverse project background to provide quality engineering and development solutions for clients.