N.J. Admin. Code § 16:25-12.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 16:25-12.1 - General provisions

(a) Public utilities as defined by 48:2-13 will be considered by the Department for permission to longitudinally occupy limited access highway right-of-way when it can be demonstrated to the satisfaction of the Department that extreme cases of need exist, that it can be shown to be in the best public interest and that the safety criteria enumerated below can be met.

1. The Department will take the following under consideration when evaluating claims of extreme cases of need:

i. A utility can demonstrate that alternate locations are not available or cannot be implemented at reasonable cost, as determined by the Department, in consultation with the Federal Highway Administration, from the standpoint of providing efficient utility services in a manner conducive to safety, durability, and economy of maintenance and operations;

ii. That the accommodation will not adversely affect the design, construction, operation, maintenance, security, or stability of the limited access highways;

iii. That it will not interfere with or impair the present use or future expansion of the limited access highways; and

iv. That disapproval of the use of the right-of-way would result in the loss of productive agricultural land, or loss of productivity of agricultural land, if any.

2. The Department will apply the following safety criteria:

i. The public utility facility shall be placed underground;

ii. The public utility facility shall not be used for transmitting gases or liquids under pressure, or for the transmission of products which are flammable, corrosive, expansive, energized, or unstable;

iii. The public utility facility shall not emit any measurable nuclear radiation above or below the ground surface.

iv. The public utility facility shall present no hazard to life, health, or property if it fails to function properly, is severed, or otherwise damaged; and

v. After the public utility facility is installed, it will be virtually maintenance free.

(b) A public utility, which is granted a highway occupancy permit for longitudinal occupation of State right-of-way shall not sell, lease, or otherwise transfer any rights of the permit to another public utility unless such a transfer is approved by the Department.

(c) Every longitudinal occupancy installation agreement or permit shall specify a utility access control line between the proposed utility installation and the through roadway and ramps.

(d) Access to the public utility facilities for the purpose of installation, repair, or maintenance shall not be achieved from highway ramps or roadways, but rather from local roads or points outside of the limited access highway's control of access line. All access shall be achieved in accordance with the Department approved traffic control plan, pursuant to N.J.A.C. 16:41 and in consultation with the Federal Highway Administration, as applicable.

(e) Utility crossings of limited access highways are to be held to a practical minimum and shall meet all applicable provisions of this chapter.

N.J. Admin. Code § 16:25-12.1

Adopted by 48 N.J.R. 209(a), effective 2/1/2016