N.J. Admin. Code § 16:25-1.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:25-1.7 - Authority of utilities to use and occupy limited access highways

(a) Any usage of limited access highway right-of-way is subject to the discretion of the Department.

(b) The Department has excluded utilities from use and longitudinal occupancy of limited access highway right-of-way. Public utilities as defined by 48:2-13 will be considered by the Department for permission to longitudinally occupy limited access highway right-of-way when it can be demonstrated to the satisfaction of the Department that extreme cases of need exist, that it can be shown to be in the best public interest and that the safety criteria enumerated in (b)2 below can be met.

1. The Department will take the following under consideration when evaluating claims of extreme cases of need:

i. A public utility can demonstrate that alternate locations are not available or cannot be implemented at reasonable cost, as determined by the Department, in consultation with the Federal Highway Administration (FHWA), from the standpoint of providing efficient public utility services in a manner conducive to safety, durability, and economy of maintenance and operations;

ii. That the accommodation will not adversely affect the design, construction, operation, maintenance, or stability of the limited access highways;

iii. That it will not interfere with or impair the present use or future expansion of the limited access highways; and

iv. That disapproval of the use of the right-of-way would result in the loss of productive agricultural land, or loss of productivity of agricultural land, if any.

2. The Department will apply the following safety criteria:

i. The public utility facility shall be placed underground;

ii. The public utility facility shall not be used for transmitting gases or liquids under pressure, or for the transmission of products which are flammable, corrosive, expansive, energized or unstable;

iii. The public utility facility shall not emit any measurable nuclear radiation above the ground surface;

iv. The public utility facility shall present no hazard to life, health or property, if it fails to function properly, is severed, or otherwise damaged; and

v. After the public utility facility is installed, it will be virtually maintenance free.

(c) Every longitudinal occupancy installation shall be made in accordance with the provisions as specifically outlined in N.J.A.C. 16:25-7A.

(d) Every longitudinal occupancy installation agreement or permit shall specify a utility access control line between the proposed utility installation and the through roadway and ramps.

(e) Utility crossings of limited access highways are to be held to a practical minimum and shall meet all applicable provisions of this chapter.

(f) The Commissioner of the Department may order the removal and relocation of utility facilities from limited access highway right-of-way.

N.J. Admin. Code § 16:25-1.7