New Mexico Administrative Code › Title 17 - PUBLIC UTILITIES AND UTILITY SERVICES › Chapter 4 - UTILITY RIGHTS OF WAY AND EASEMENTS › Part 2 - REQUIREMENTS FOR OCCUPANCY OF STATE HIGHWAY SYSTEM RIGHT-OF-WAY BY UTILITY FACILITIES › Section 17.4.2.12 - GENERAL UTILITY CONSTRUCTION REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
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 2
SANDY 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
(2)
Districts 3 and 6
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
(3)
Districts 4 and
				5