Disturbance of areas within highway rights of way by utility operations shall be kept to a minimum and restored to the satisfaction of this Department. All utility construction methods used within the highway right-of-way shall be performed in accordance with current Standard Specifications for Highway and Bridge Construction, the provisions of this regulation, and utility accommodation permit requirements. All unsatisfactory installation or construction work performed by the utility on highway right-of-way will be corrected or reconstructed upon written notification by the Department that identifies the deficiencies. The Utility shall promptly initiate the restoration work and shall work continuously until the installation complies with the regulations and specifications. If the restoration is not performed within a reasonable specified time, the Department may perform the restoration work and the utility shall be responsible for all costs incurred.
A. The utility shall avoid disturbing or damaging existing highway drainage facilities and shall be responsible for repairs and restoration of any damage, including restoration of ditch flow lines, as determined by the Department. Wherever necessary, the utility shall provide drainage away from its own facilities to avoid damage to the highway. Construction or compaction by means of jetting, puddling, or water flooding is prohibited within all highway rights-of-way.B. The utility is prohibited from spraying, cutting or trimming of trees or other landscaping elements, unless specific written permission is given by this Department. The approval of a utility accommodation permit does not include approval of such work, unless the cutting, spraying and trimming is clearly indicated on the permit application. In general, when permission is given, only light trimming will be permitted. When tree removal is approved, the stump shall be removed and the hole properly backfilled to natural ground density, and/or other Department approved landscape elements provided. The work site shall be left in a clean and trash free condition and all debris shall be removed. Reseeding shall be performed as per schedule outlined in Paragraph 12.5 [now Subsection E of 17.4.2.12 NMAC].C. Traffic Control for utility construction and maintenance operations shall conform with the Manual on Uniform Traffic Control Devices (MUTCD). All utility construction and maintenance operations shall be planned to keep interference with traffic to an absolute minimum. On heavily traveled highways, utility operations interfering with traffic shall not be conducted during periods of peak traffic flow. All such work shall be planned so that closure of intersecting streets, road approaches or other access points is held to a minimum. Traffic Control Plans for each installation are mandatory and must be attached to each utility accommodation permit application. No utility installation work shall commence until the permit and Traffic Control Plans are approved by the District Engineer or his/her representative.D. All utility facilities located on public rights-of-way shall be kept in an adequate state of repair. Minor maintenance of existing facilities may be performed without notification. However, any physical revisions, relocations, additions, excavations, impedance of traffic or other disturbances within the right-of-way shall require the submittal of a new utility accommodation permit application. No remedial work may commence until the new utility accommodation permit is approved. Repairs of an emergency nature, necessary for the safety of the traveling public, may be immediately performed without prior approval, to be followed by formal written notification to the appropriate District Engineer or his/her representative. When such emergency repairs may constitute a traffic hazard, the proper District Highway Office and the New Mexico State Police shall be officially notified to coordinate any safety measures required.E. Restoration of the highway right-of-way disturbed by excavations or grading work performed by the utility shall include reseeding. This work shall consist of seeding all areas which are denuded of vegetation during the utility's construction operations. The reseeding work by the utility will be subject to inspection and acceptance by a representative from the Department. All affected areas shall be treated with Class "A" seeding of standard Department specifications. Fertilizer shall be used on all areas at the rate of 200 pounds per acre, Department Specification 16-20-0. The various species, origin and seed required for each Highway District area are shown on the following schedule: (1) Districts 1 and 2SANDY SOILS
Pounds Pure
Live Seed
Species Origin Per Acre
Lehman's Lovegrass Any 2.0
Sand Dropseed New Mexico 2.0
Sideoats Grama Vaughn 4.0
Fourwing Saltbrush New Mexico 3.0
HEAVY CLAY SOILS
Blue Grama Lovington 2.0
Sideoats Grama Vaughn 6.0
Fourwing Saltbrush New Mexico 3.0
HIGHER RAINFALL
Blue Grama Lovington 2.0
Sideoats Grama Vaughn 6.0
Western Wheatgrass Arriba 6.0
SANDY SOILS
Pounds Pure
Live Seed
Species Origin Per Acre
Lehman's Lovegrass Any 3.0
Indian Ricegrass Paloma 4.0
Sand Dropseed New Mexico 2.0
HEAVY CLAY SOILS
Blue Grama Lovington 2.0
Sideoats Grama Vaughn 6.0
Fourwing Saltbrush New Mexico 3.0
HIGHER RAINFALL
Blue Grama Lovington 2.0
Sideoats Grama Vaughn 6.0
Western Wheatgrass Arriba 6.0
SANDY SOILS
Pounds Pure
Live Seed
Species Origin Per Acre
Indian Ricegrass Paloma 3.0
Sand Dropseed New Mexico 2.0
Sideoats Grama Vaughn 5.0
HEAVY CLAYS
Blue Grama Lovington 2.0
Sideoats Grama Vaughn 5.0
Alkali Sacaton New Mexico 2.0
Fourwing Saltbrush New Mexico 4.0
HIGHER RAINFALL
Western Wheatgrass Arriba 6.0
Blue Grama Pastura 3.0
Sideoats Grama Vaughn 4.0
FERTILIZER REQUIRED: ALL DISTRICTS
200 pounds per acre, Specification 16-20-0.
F. Scenic enhancement: The following provisions for scenic enhancement shall apply for utility facility installation in cited areas:(1) The type and size of the utility facilities and the manner and extent to which they are permitted within areas of scenic enhancement and natural beauty may materially alter the scenic quality, appearance and view of highway roadsides and adjacent areas. Such areas include scenic strips, overlooks, rest areas, recreation areas and the rights-of-ways and adjacent highways. Also included are Sections of highways which pass through public parks, recreation areas, wildlife and waterfowl refuges and historic sites. Whenever possible, new utility installations within all such strips overlooks and areas shall be avoided.(2) New underground utility installations may be permitted within such strips, overlooks, scenic areas or in the adjacent rights-of-way when they do not require extensive removal or alteration of trees and other shrubbery visible to the highway user, or do not impair the scenic appearance of the area.(3) New overhead (aerial) installations of communication and electric power lines are to be avoided at such locations unless there is no feasible and reasonable alternative. Any such installation shall be fully justified to the Department by demonstrating that: (a) Other utility locations are not available or present unusually difficult construction constraints or are unreasonably costly or are less desirable from the standpoint of visual quality.(b) The placing of underground utility facilities is not technically feasible or economical, or is more detrimental to the scenic appearance of the area.(c) The proposed installation can be made at a location and in a manner that will not detract from the scenic quality of the area being traversed, utilizes suitable design, and uses materials aesthetically compatible to the scenic area.(4) It is within the Department's sole discretion as to whether adequate justification has been demonstrated to it by the utility, which decision shall be final and accepted by the utility.(5) When a utility desires to construct a facility through or within scenic enhancement areas, the request for a utility accommodation permit shall be submitted to the appropriate District Traffic Engineer, providing substantial leadtime, because the permit must be carefully evaluated to determine the impact upon the scenic area involved.(6) Utility accommodation permit applications for installations in scenic enhancement areas must be accompanied by comprehensive and detailed supporting documentation. The design and materials should be aesthetically pleasing to the eye and the installation should not intrude in such a manner as to detract from the Scenic quality presented for viewing by the traveling public. Permits not adequately supported will be rejected by the Department.(7) Utility installations through scenic enhancement areas that are required for highway purposes, such as highway lighting, service to weigh stations, rest and recreation areas, and other official sites shall be located and designed to conform with these scenic enhancement provisions. Such installations shall be coordinated with the utility, the appropriate Department design unit, and included as bid items in the highway construction plans if they involve a new highway project.(8) archaeological or cultural resources clearances: To comply with the New Mexico State Law, The Cultural Properties Act, NMSA 1978, Sections 18-6-1 through 18-6-17 and specific Federal Law Historic Preservation Act of 1966, relating to the protection and preservation of historic and cultural resources, it shall be mandatory for utility facility owners to obtain an archaeological survey prior to any installation within highway right-of-way or property or new right-of-way to be acquired for highway construction. This survey shall be required for utility installations or relocations which include any utility structure, overhead or underground utility systems, either pipeline or ditch and/or any clearing operations, and any or all other ground surface disturbing construction activities across or through any obvious or suspected archaeological site. The survey report shall be submitted to the Department for its review and approval. No utility permit shall be issued without archeological clearance from the Department. No survey will be necessary if the utility has determined by inquiry and written substantiation from the Department that an acceptable archaeological survey was previously done by the Department or others approved by the Department.(9) environmental clearances: It shall be the utility's responsibility to comply with all Federal, State, and local laws and regulations controlling pollution of the environment. Prior to the start of utility construction, the utility shall contact the Department's Environmental Section to establish if any action is necessary by the utility for adhering to air, noise, and water quality control regulations. It shall also be the responsibility of the utility owner to insure compliance with National Pollutant Discharge Elimination System (NPEDS) Regulations on all utility work within highway right-of-way, where any ground disturbance activities involve areas exceeding five (5) acres. A Notice of Intent (NOI) must be filed with the Environmental Protection Agency (EPA) before the utility work can begin, and approval of the sediment control and reclamation plan from the NMSHTD Landscape Architect must be secured. The Landscape Architect shall also be responsible for final acceptance of permanently established vegetation as required by NPDES and as provided for by the utility owner. Information on these environmental regulations is available from the Roadside Environment Design Unit of the NMSHTD.G. New Mexico public highway utility accommodation permit:(1) General requirements: A utility owner who desires to install segments of their utility systems, or needs to relocate an existing facility already installed within the rights-of-way of public highways under the jurisdiction of the NMSHTD, must apply for a New Mexico Public Highway Utility Accommodation Permit. No utility construction shall commence on public highways right-of-way until the utility owner has obtained the approved permits, approval of their insurance, with coverages and face amounts shown in Paragraph 12.11 [now Subsection K of 17.4.2.12 NMAC], and added the NMSHTD as an additional insured. After receiving approval, the utility owner shall notify the Department in writing, five days in advance of the date their installation or relocation construction will commence.(2) The utility owner seeking a utility permit must provide as-built plans, within thirty (30) days of completion of the installation pertaining to the location of the facility installed. The location must be tied by a survey, performed and certified by a registered New Mexico Land Surveyor, to the Department's monuments and referenced to Department's mileposts and/or to the highway construction project stationing. The Utility shall provide a map to the Department detailing location and elevation of each break point along the facility. Where utility owners fail to establish documentation and provide survey maps to the Department, and Department maintenance crews damage utilities, the utility shall be responsible for all costs associated with repair, but only if Department requested a utility locate prior to beginning maintenance activities.(3) Information on the horizontal and vertical survey ties may be obtained from the Department's Aerial and Lands Survey Section, Monumentation Unit, located in the Department's General Office (G.O.); mailing address: NMSHTD, Aerial and Lands Survey Section, Monumentation Unit, P.O. Box 1149, Santa Fe, NM 87504-1149.(4) Survey monumentation and project stationing survey information may also be obtained from the appropriate District Engineer, along with the New Mexico Public Highway Utility Accommodation Permit Forms. The Railroad and Utility Section of the G.O., in Santa Fe also can provide permit forms (see G.O. address in above Paragraph). The addresses and phone numbers of the Department's six District Offices are: NMSHTD NMSHTD
District One Office District Two Office
P.O. Box 231 P.O. Box 1457
Deming, NM 88031-0231 Roswell, NM 88202-1457 (505) 546-2603 (505) 624-3300
NMSHTD NMSHTD
District Three Office District Four Office
P.O. Box 91750 Box 30
Albuquerque, NM 87119-1750 Las Vegas, NM 87701-0030 (505) 841-2700 (505) 425-7527
NMSHTD NMSHTD
District Five Office District Six Office
Box 4127, Coronado Sta. P.O. Box 2159
Santa Fe, NM 87502-4127 Milan, NM 87021 (505) 827-9500 (505) 285-6623
(5) The utility owner applying to place utilities within the right-of-way of public highways must determine in which Highway District the installation will be constructed. Completed utility accommodation permit forms should be submitted to the appropriate District Engineer, to the attention of the District Permit Agent, at the address previously listed. The boundaries of each District may be obtained from the appropriate District Permit Agent.(6) The utility seeking a utility accommodation permit from the Department will provide the Department with comprehensive plans that depict the utility installation by plan view and profiles. Details that clarify complicated features of the installation shall be added as appropriate. In addition to the detailed plans, the utility owner shall provide all the information required on the permit form. Utility Permit Instructions are available to assist in preparation of all required documents.(7) The utility who has received authorization to proceed with their installation/relocation shall strictly adhere to performing the work in accordance to the approved plans. No deviation from the plans, without prior written approval from the Department, shall be allowed.(8) It shall be the responsibility of the utility owner to renew each permit prior to its expiration. The utility shall submit a renewal permit, along with plans that reflect the current location of the utility relative to existing roadway features. If the plans are as-built and reflect the actual current condition, a certification stating that this is the case shall accompany the as-built plans. Any costs to repair damage to utility facilities by highway maintenance crews due to inconsistencies between the as-built plans and the actual utility location shall be borne by the utility.(9) All changes in ownership of a utility facility shall require the new owner to submit fully executed and approved assignment documents between the utility owners involved to the Department, along with new State utility permit applications and plans of the assigned facility located within Department's highway right-of-way. If the plans are as-built and reflect the actual current location of the facility, a certification stating that this is the case shall be required; otherwise new plans that reflect the actual location relative to existing roadway features shall be provided. Any requirements stipulated by the underlying fee owner in cases where a change of ownership occurs shall be the sole responsibility of the new facility owner and may require the new owner to obtain appropriate approvals from the fee owner. Any costs to repair damage to utility facilities by highway maintenance crews due to inconsistencies in the as-built plans and the actual utility location shall be borne by the utility.(10) Utility work shall commence within six (6) months of the date of issuance of the utility permit, otherwise the permit shall become null and void. Any work not started within this six month period shall require new permit applications and associated documentation, as well as Department approval of the new submittal before the utility work can commence. H. Other required permits: In areas where highways pass through land controlled by the U.S. Forest Service, Bureau of Land Management, U.S. Military Bases, Indian Lands and other designated Federally controlled lands, and certain New Mexico state lands under the jurisdiction of the New Mexico State Land Office, and/or other state agencies, the utility owner must also obtain a permit, written permission, or other documented authorization from these agencies for utility installations. This written authorization is required in addition to the Department's Utility Accommodation Permit, and shall accompany the Department's permit request for new installations, or as determined by the Department.I. Traffic control plans: Utility owners shall provide Traffic Control Plans in accordance with the Manual on Uniform Traffic Control Devices, and shall comply with the approved Traffic Control Plan during the utility installation, relocation or maintenance work within the highway right-of-way. The Traffic Control Plan must be accompanied by an approved utility accommodation permit and utility construction authorization.J. Indemnification: The utility owner must indemnify and hold harmless the Department from loss due to any negligent act of the utility, the utility's employees, any agent acting on the utility's behalf, and anyone else engaged by the utility to work on the utility installations, maintenance or relocations of their facilities. Any contractor or subcontractor engaged by the utility to perform utility installations or relocations in conjunction with or prior to highway construction must also indemnify and hold harmless the Department from loss due to any negligent act of the utility's contractor or subcontractor.K. Insurance requirements: Utility owners shall carry insurance in amounts not less than those below specified and as outlined in Section 107.25 of the Standard Specifications for Highway and Bridge Construction, 1994 Edition, (hereinafter, "Specifications"), as may be updated from time to time. In the event of conflict between the specification, and this regulation, owner shall carry the larger amount of insurance. If a utility is self-insured, the utility shall provide an Owner's Protective Liability Insurance Policy, in favor of the Department, in the amounts below specified.(1) general liability: Bodily injury liability and property damage liability insurance applicable to the utility installation or relocation work shall be provided as follows, which amounts may be changed, by the Department, from time to time: Insurance coverage in the amount of $1,000,000.00 for each occurrence; $1,000,000.00 aggregate for Bodily Injury Liability and $500,000.00 each occurrence; $1,000,000.00 aggregate for Property Damage Liability, written on a comprehensive General Liability Form or Commercial General Liability Form which must include the following:(a) Coverage for liability arising out of the operation of independent contractors;(b) Completed operations Coverage;(c) Attachment of the Broad Form Comprehensive General Liability Endorsement.(2) In the event that any use of explosives is required during the installation or relocation, the insurance shall include coverage for injury to or destruction of property arising out of: The collapse of, or structural injury to any building or structure due to excavation, including borrowing, filling or backfilling in connection therewith, or to tunneling cofferdam work or caisson work, or to moving or shoring, underpinning, raising or demolition of any building or structural support thereof.(3) Coverage must be included for injury to or destruction of any property arising from injury to or destruction of wires, conduits, pipes, mains, sewers or other similar property or any other apparatus in connection therewith below the ground. If such injury or destruction is caused by or during the use of mechanical equipment for the purpose of excavating, digging or injury to or destruction of property at any time resulting therefrom.(4) automobile liability insurance: Coverage for the utility, its contractor or subcontractor (whether included in the policy providing General Liability insurance or in a separate policy) must provide liability for the ownership, operation and maintenance of owned, non-owned, and hired cars. The limits of liability for Automobile Liability insurance shall be provided in the following amounts, which amounts may be changed from time to time: (a) Bodily Injury Liability $500,000 each person; $1,000,000 each occurrence.(b) Property Damage Liability $1,000,000 each occurrence.(5) Department as additional named insured: The utility, its contractor or subcontractor shall have the New Mexico State Highway and Transportation Department added as an additional named insured on the Comprehensive General Liability Form or Commercial General Liability Form furnished by the Utility.(6) proof of insurance: The utility shall provide to the appropriate Department District Engineer a certified copy of the utility owner's insurance policy and certificate of insurance, or in the event the utility is self-insured, a copy of the Owner's Protective Liability Insurance Policy or a Certificate of Insurance at the time the original utility accommodation permit application is submitted for approval. The utility owner shall also be responsible for and require that any contractor or subcontractor engaged by them shall provide the Department with a certified copy of their insurance policy or certificate of insurance in the amounts and with the provisions as herein provided. If a bond is required, the utility shall provide a proof of that bond to the appropriate Department District Engineer.(7) worker's compensation insurance: The utility, its contractor or subcontractor shall also carry Worker's Compensation Insurance or otherwise comply with the provisions of the New Mexico Workmen's Compensation Act and Occupational Disease Disablement Law.(8) liability insurance, automobile liability insurance and worker's compensation Insurance: For the utility, its contractor or subcontractor shall be kept in force for the duration of the utility facility installation, relocation, remedial or clean up work required due to Department authorized utility relocation or utility installation.(9) insurance required during utility relocations: The insurance listed herein shall be provided by the utility, its contractor or subcontractor on all utility relocation work authorized by the Department. If the utility owner is otherwise eligible for utility relocation reimbursement, the premium cost can be added to the utility's cost estimate; if not eligible for reimbursement, the premium(s) shall be paid by the utility owner. A certified copy of the utility owner's insurance policy(s), or a certificate of insurance for and covering the utility relocation work, shall be provided to the Section Head, Railroad and Utilities Section, NMSHTD, P.O. Box 1149, Santa Fe, NM 87504-1149.L. Compliance with regulations: Any utility owner that installs its utility facilities within the Department rights-of-way shall comply with the provisions of these regulations. Violation of any regulation pertaining to the installation and maintenance of utility facilities placed within the Department rights-of-way may result, at the discretion of the Department, in:(1) An order requiring the utility owner to make prompt corrections or take the appropriate remedial action as directed in writing by the Department;(2) A written order declaring utility's New Mexico Public Highway Utility Accommodation Permit, applicable to the violation, as null and void. In such case, the utility owner may be required to vacate the public highway right-of-way if prompt remedial action is not completed by the utility owner. If the utility fails to correct the problem, all costs as a consequence of a vacation order, including the total cost of removal of the permitted facility, plus all administrative costs, shall be at the expense of the utility owner. Failure of the utility or its agent to comply with such order can result in the utility owner being denied further utility permits until they are able to satisfy the Department District Engineer or appropriate Department representative that they are in compliance or are making a good faith effort to comply;(3) Violations may also preclude the issuance of additional utility permits until such time as the utility is in compliance.N.M. Admin. Code § 17.4.2.12
3/10/71, 11/15//96; Recompiled 12/31/01