N.J. Admin. Code § 16:41-3.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 16:41-3.1 - General restrictions

(a) No underground facility shall be permitted within the highway right-of-way unless the utility subscribes to the New Jersey One-Call Damage Prevention System. Pursuant to N.J.S.A. 48:2-73 et seq., the One-Call Damage Prevention System is a single Statewide notification system that receives notice from excavators of intended excavation or demolition activities. Those notices are then transmitted to operators of underground facilities in the area of proposed excavation or demolition.

(b) The Department shall not assume any cost involved in the activities authorized by a highway occupancy permit, unless the permittee is under contract to the Department and working on Department rights-of-way or property under the jurisdiction of the Department at the written request of the Department.

(c) No person shall use any part of State highway rights-of-way or property under the jurisdiction of the Department for any private purpose or uses associated with private purposes. The sidewalk area shall be kept clear of buildings, sales exhibits, signs, parking areas, service equipment, vehicles, and appurtenances.

(d) No person shall erect advertising signs or devices on or overhanging State highway rights-of-way or property under the jurisdiction of the Department. No person shall use State highway rights-of-way or property under the jurisdiction of the Department for the display of merchandise. The Department shall not authorize the erection and maintenance on public property of signs other than those that regulate, direct, or warn, or as otherwise allowed by State law.

(e) No person shall place, maintain, or display upon or in view of any State highway, any unauthorized traffic sign, device, or other contrivance, that purports to be or is an imitation of, or of such a nature as to be mistaken for, an official traffic sign, that attempts to direct the movement of traffic, or that hides from view or interferes with the effectiveness of any official sign. No public authority shall permit any traffic sign, or any traffic signal bearing thereon or on its support, any commercial advertising on a State highway.

(f) A permittee, in the conduct of activity authorized by a permit, shall conduct the activity in a manner that does not interfere with any Department structure or facility, on, over, or under the State highway, or with any concurrent activity being done as part of a highway improvement project, unless the permit authorizes the interference.

(g) When a permittee is to fill a lot adjacent to the highway to the highway grade, the Department may require the permittee to make provision, at the permittee's own expense, for disposition of highway drainage by installing pipes of adequate size and material, inlets, catch basins, manholes, headwalls, and ditches as may be necessary to protect the Department's drainage rights. The permittee shall avoid interference with drainage installations and shall not disturb the existing cross-section and drainage of highways. The permittee shall not interrupt the longitudinal flow of water along the curbline, and shall make adequate provision for all transverse, lateral, and longitudinal drainage affected by the permittee's construction.

(h) The Department shall not permit openings in newly constructed or resurfaced State highways for a period of five years after the construction or resurfacing, without the consent of the Commissioner, as documented in a waiver pursuant to N.J.S.A. 27:7-26 and N.J.A.C. 16:41-8.

(i) The Department shall not authorize activity within the limits of State highway rights-of-way or property under the jurisdiction of the Department that would adversely affect the stability, appearance, or designed function of the State highway itself or of its component or auxiliary structures.

(j) The permittee shall locate all lighting, sprinklers, heaters, landscape ties, and other equipment for roadside establishments off State highway rights-of-way or property under the jurisdiction of the Department. The Department shall not be responsible for maintenance or replacement of any such appurtenances within State highway rights-of-way or property under the jurisdiction of the Department.

N.J. Admin. Code § 16:41-3.1

Amended by 48 N.J.R. 497(a), effective 3/21/2016