N.M. Admin. Code § 17.4.2.11

Current through Register Vol. 36, No. 1, January 14, 2025

Section 17.4.2.11 - UTILITY ACCOMMODATION POLICY

A. Application: This utility accommodation policy shall apply to all publicly, privately, cooperatively, municipally, or governmentally owned facilities used for the carriage, transmission or distribution of electric power, communication facilities, water, gas, oil, petroleum products, steam, chemicals, sewage, drainage, irrigation and similar items, that are to be accommodated or relocated within the rights of way of highways, roads or streets under the jurisdiction of the New Mexico State Highway and Transportation Department.

(1) This utility accommodation policy is provided to regulate the location, design and methods for installing, accommodating and maintaining physical utility facilities within public highway rights-of-way. This Section provides for the continuation of past regulations, State law and modifies and adds new regulations where necessary to comply with new State Laws and/or Federal Codes pertaining to the accommodation and relocation of utilities on State and Federal Aid Projects. The accommodation policy does not address the financial responsibility for replacing right-of-way or relocating the facilities of utilities in conflict with planned highway construction. The reimbursement policy of this Department is set forth in Section 19 [now 17.4.2.19 NMAC] of this manual.

(2) When laws or orders of public authority or industry codes prescribe a higher degree of protection for utility facility construction than provided for in the accommodation procedures set forth in this regulation, such laws, orders, or codes shall prevail.

B. General utility design requirements: Except when a higher degree of protection is required by industry or governmental codes, laws, or by regulations of this Department, or orders of the public authority having jurisdiction over the utility, all utility facility installations on, over, along or under the surface of the rights-of-way of State highways, including attachments to highway structures shall, as a minimum, meet the following utility industry and governmental requirements:

(1) Electric power and communication facilities installations shall conform with the current applicable National Electric Safety Code.

(2) Water, sewage and other effluent lines shall conform with the requirements of the American Public Works Association or the American Water Works Association.

(3) Pressure pipelines shall conform with the current applicable Sections of the standard code of pressure piping of the American National Standards Institute, 49 CFR 192, 193 and 195, and/or applicable industry codes.

(4) Liquid petroleum pipelines shall conform with the current applicable recommended practice of the American Petroleum Institute for pipeline crossings under railroads and highways.

(5) Any pipeline carrying hazardous commodities shall conform to the rules and regulations of the U.S. Department of Transportation governing the transmission of such materials.

C. Pipelines located in casings, galleries, utility tunnels or highway structures shall be designed to withstand expected internal pressures, and to resist internal and external corrosion; casings or uncased pipelines shall be designed to withstand external pressures as well.

D. Joints in carrier pipe lines operating under pressure shall be of a mechanical or welded leak-proof construction.

E. Ground-mounted utility facilities shall be of a design compatible with the scenic quality of the specific highway segment being traversed.

F. All utility installations, on, over, along or under highway rights-of-way, and attachments to highway structures, shall be of durable materials, designed for a long service-life and relatively free from routine maintenance.

G. On new installations or relocation of existing facilities, provisions shall be made for expansion of the facilities, particularly those underground or attached to highway structures. These provisions shall be planned so as to avoid interference with highway traffic when additional facilities are installed in the future.

H. Utility installations that are required for highway purposes, such as highway lighting, traffic signals, pump stations, telecommunications services for rest areas, etc. shall be handled as highway project construction items on proposed highway projects. As such, coordination by the appropriate Department design unit and the affected utility is required so as to ensure that proper bid items are included in the highway construction plans/documents, and that appropriate agreements are developed for addressing service, maintenance and other costs. Where no highway project is proposed, but utility services for highway purposes are required, coordination between the Department unit requesting the service, the utility and the affected highway district shall be required, and appropriate documentation developed so as to outline the responsibilities of each party. In all cases, the location of such facilities within highway right of way shall be properly established and included in the District's utility data base.

I. The utility owner shall be responsible for compliance with industry code, the conditions and/or special provisions specified in the permit, applicable statutes and regulations of the State of New Mexico, and the U.S. Department of Transportation Code of Federal Regulations.

J. The utility shall be responsible for the design, construction, and maintenance of all facilities to be installed within highway rights-of-way. All elements of these facilities are subject to review and approval by the Department, particularly the materials, location and method of installation. The utility is responsible for, and will provide all measures as required to preserve the safe and free flow of traffic, structural integrity of the roadway or highway structure, ease of highway maintenance and appearance of the highway, resulting from their installation. Traffic Control Plans and signing shall be approved by the Department prior to any utility work within the highway right-of-way.

N.M. Admin. Code § 17.4.2.11

3/10/71, 11/15/96; Recompiled 12/31/01