Statutes, codes, and regulations
New York Codes, Rules and Regulations
Title 17 - DEPARTMENT OF TRANSPORTATIONChapter IV - HighwaysSubchapter B - Work Permits on State Highways, State-owned Bridges and Culverts
Part 131 - Accommodation Of Utilities Within State Highway Right-of-way
Section 131.5 - Definitions

N.Y. Comp. Codes R. & Regs. tit. 17 § 131.5

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Current through Register Vol. 46, No. 45, November 2, 2024
Section 131.5 - Definitions
(a) AASHTO means the American Association of State Highway and Transportation Officials, located at 444 North Capital St. NW, Suite 225, Washington, DC 20001. AASHTO continually undertakes studies relating to highway design, use and safety and develops nationally recognized standards relied upon by FHWA and by all State highway agencies including the department. While this Part does not mandate compliance with any particular AASHTO publication or standard, (except where required by FHWA regulation) utilities are encouraged to avail themselves of information published by AASHTO as an aid in developing plans for work within the right-of-way.
(b) Base course means a layer(s) of specified or selected material that lies below the hard top surface of the roadway.
(c) Carrier means the pipe directly enclosing a transmitted commodity.
(d) Casing means the pipe through which the carrier pipe is placed.
(e) Clear zone means the area adjacent and parallel to a section of traveled way that shall be free of nontraversable hazards and fixed objects as determined by the department.
(f) Deflection area or deflection zone is the distance guiderail will deflect as per design.
(g) Department means the New York State Department of Transportation.
(h) Federal-aid highway projects means State administered highway projects involving Federal-aid highway funds, or otherwise subject to Federal regulation.
(i) FHWA means the Federal Highway Administration.
(j) Highway with full control of access (sometimes referred to as a freeway) means a highway on which there is control of access giving preference to through traffic by providing access connection only with selected public roads, and prohibiting other crossings at grade or direct private connections.
(k) Highway means any public way for vehicular travel, including the entire area within the rights-of-way.
(l) Municipal utility or State utility means a utility facility that is owned by a municipality within New York State, or by the State, or by a public benefit corporation established by the New York State Legislature.
(m) MUTCD means the New York State Manual of Uniform Traffic Control Devices (15 NYCRR Chapter V).
(n) Highway with partial control of access means a highway on which there is control of access giving preference to through traffic to a degree that may permit access connections with selected public roads, or with some crossings at grade, or private driveways.
(o) Nationally recognized standards means standards accepted by a consensus of those substantially concerned with their scope and provisions. References to nationally recognized standards are not references to any single publication, but to standards nationally adhered to by those in the industry.
(p) Pavement structure means the combination of subbase, base course and surface course(s) placed on a subgrade to support the traffic load and distribute it to the roadbed.
(q) Private utility means utility facilities not regulated by a United States or New York State government agency and, that are devoted to private use.
(r) Public utility means utility facilities that are regulated by a United States or New York State government agency.
(s) Right-of-way means real property or interest therein, used for the construction, operation, and maintenance of a highway.
(t) Roadbed limits means points of intersection of the side slope and the bottom of the pavement structure where the slope is downward from the shoulder area, or the intersection of the side slope or embankment with the furthest edge of the shoulder where the slope is upward from the shoulder area, or the furthest edge of the shoulder where there is no slope.
(u) Roadway means the highway area between outer edges of shoulders.
(v) Sight distance means the length of roadway ahead visible to the driver.
(w) Subbase means the layer or layers of specified or selected material of designed thickness placed on a subgrade to support a base course.
(x) Subgrade means existing material to remain, or embankment material which is below the pavement structure.
(y) Utility means the entity owning and/or operating a utility facility.
(z) Utility facilities means the lines, facilities and systems for producing, transmitting, or distributing communications, signal, power, electricity, light, heat, gas, oil, crude products, liquid products, water, steam, wastes, storm water not connected with highway drainage, and other similar commodities, including fire and police signal systems and street lighting systems, which directly or indirectly serve the public or any part thereof. It is not material to this definition whether the utility facilities are subject to the Public Service Commission, the Commission on Cable Television, or other similar New York State governmental agency, or whether or not they serve the public or are for private use, are interstate or intrastate, or whether they are owned and operated by a government agency or by a person or other entity, corporation or other entity.
(aa) Utility service connection means a service connection, from a utility distribution or feeder line or main to the premises served.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 131.5