N.Y. Comp. Codes R. & Regs. tit. 17 § 131.11

Current through Register Vol. 46, No. 25, June 18, 2024
Section 131.11 - Existing utility facilities

The department has the right to construct, reconstruct, repair, operate and maintain State highways and other transportation facilities as provided by law, without interference from utility facilities. Utilities shall permanently or temporarily remove, relocate, repair, modify, shield or otherwise protect their facilities, upon notice from the department, so as to avoid interference with the rights and obligations of the department. The department, whether or not in conjunction with a highway construction or maintenance project, may require the relocation of utility facilities which may interfere with the free and safe flow of traffic or which are located within the clear zone or deflection zone. Utilities shall be required to provide such information and make such certifications as the department shall require, in connection with existing facilities and the impact of the highway project on such facilities. In instances in which the department is concerned about potential impacts of department or contractor activity on utility facilities a certification from a licensed professional engineer on behalf of the utility, attesting to the fact that the proposed department or contractor activity is compatible with the integrity and safety of the utility facility may be required.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 131.11