N.Y. Comp. Codes R. & Regs. tit. 17 § 131.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 131.6 - Accommodation of utilities on highways with full control of access

(a) The accommodation of utilities on highways with full control of access, where applicable, shall be subject to title 23 of the Code of Federal Regulations, part 645, in particular, 23 CFR sections 645.209 and 645.211. This publication may be inspected at the department's main office located in Bdlg. 5, Rm. 414, State Campus, Albany, NY 12232 and obtained through the U.S. Government Printing Office, Washington, DC. Any permit issued by the department may contain additional provisions to insure that the utility facility or its installation does not interfere with the free and safe flow of traffic, otherwise impair the highway or conflict with its maintenance, or conflict with applicable laws or regulations.

(b) Utilities should when feasible install line crossings widely spaced to serve consumers in general areas along either or both sides of the highway to minimize the number of crossings.

(c) In appropriate situations and due to severe economic hardship and infeasibility of the application of this section, the department in its discretion may apply any or all of the provisions in section 131.8 of this Part to installations on highways with full control of access.

(d) The department reserves the right to enter into an agreement for a joint use occupation of highway right-of-way which agreement may provide for compensation to the department.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 131.6