N.Y. Comp. Codes R. & Regs. tit. 17 § 131.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 131.8 - Accommodation of utilities on highways with no control of access

Consistent with any franchised right or privilege granted by any statute, public, private, municipal and State utility facilities will be permitted to cross or occupy the rights-of-way of highways with no control of access in accordance with nationally recognized standards and the provisions of this Part. In case of conflict, the provisions of this Part shall govern. In situations where unusual conditions or considerations are present that jeopardize highway safety or highway operation or maintenance, the department may impose additional construction or placement requirements reasonably necessary for such condition. In any case where a permit, fee, rental, or a use and occupancy agreement is required, such must be paid, or be in effect, prior to entry upon the rights-of-way.

(a) On highways where posted speeds are greater than 35 mph:

(1) All new or relocated above-ground utility elements shall be located as near as possible to the rights-of-way line, and not within the appropriate clear zone, deflection zone or area or the runout area of guiderail systems. The department may consider exceptions where it is not reasonably possible to achieve the appropriate clear zone, upon showing that highway safety is not impaired, and the maintenance and operation of the highway are not adversely affected. The public or private utility, shall reimburse the department for additional expenses attributable to any such exception, including, but not limited to any costs and expenses attributable to the installation of guiderail or upgrading a guiderail system.

(2) All new or relocated underground facilities shall be placed adjacent to the rights-of-way line whenever reasonably possible. Each type of facility shall be properly separated. Where it is not feasible to locate underground elements near the rights-of-way line, elements may be located in the area between the ditch or slope line and rights-of-way line, or between the outer edge of shoulder or curb and rights-of-way line. However, such must always be outside the drainage system, unless the facility is crossing the right-of-way, and/or, unless unusual physical conditions are present, and the department grants an exception.

(b) On highways with posted speeds of 35 mph or less:

(1) All new or relocated installations of above-ground utility elements shall be located in accordance with the following, in order of preference, but not within the clear zone:

(i) at the rights-of-way line;

(ii) between the outer edge of the sidewalk and the rights of-way line;

(iii) a minimum of one foot six inches behind the face of curb or edge of shoulder (where appropriate). Placement within usable sidewalk width is to be avoided. In no case shall this placement reduce the open width of a sidewalk to less than 36 inches;

(iv) if such one foot six inch minimum offset cannot be physically attained, a lesser appropriate distance behind the face of curb may be considered and/or authorized by the department and, where applicable, the Federal Highway Administration.

(2) All new or relocated longitudinal installations of underground elements shall be located in accordance with the following in order of preference:

(i) between the outer edge of sidewalk and the rights-of-way line;

(ii) underneath the sidewalk;

(iii) between the curb and sidewalk;

(iv) underneath the roadway pavement of a parking lane;

(v) underneath the roadway pavement, only if other locations are neither feasible nor practicable, and only if the department after examination finds that the safety and integrity of the highway traffic operations and highway maintenance will not be jeopardized by the installation and subsequent maintenance of the utility.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 131.8