New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter B - Work Permits on State Highways, State-owned Bridges and Culverts › Part 131 - Accommodation Of Utilities Within State Highway Right-of-way › Section 131.3 - A review of statutory authority of certain utilities to use State highway rights-of-way

Current through Register Vol. 46, No. 28, July 10, 2024
Utilities organized pursuant to the Transportation
					 Corporations Law (TCL), as described in section 3, subdivision 1, 2 or 6 of the
					 TCL, utilities subject to article 28 of the Executive Law and such utility
					 corporations that are authorized pursuant to section 4 or 5 of the TCL that
					 furnish the same services, have certain rights based in statute to occupy
					 certain types of State highway rights-of-way, subject to conditions prescribed
					 by the department, and subject to the right of the department to use its
					 rights-of-way for all purposes authorized to it by law. In addition to the
					 above, utilities such as gas and electric corporations, article 2, TCL;
					 telegraph and telephone corporations, article 3, TCL; and cablevision
					 corporations, article 28 of the Executive Law, have the legislated grant to
					 occupy certain types of State highway rights-of-way without the payment of a
					 use and occupancy fee. In addition to the above first sentence, utilities such
					 as pipe line corporations, article 7, TCL (a limited legislated grant to occupy
					 certain types of State highway rights-of-way); water-works corporations,
					 article 4, TCL, district steam corporations, article 9, TCL, sewage-works
					 corporations, article 10, TCL; and utility corporations that are authorized
					 pursuant to section 4 or 5 of the TCL that furnish the same services; that are
					 not municipal corporations nor owned by a municipal corporation may occupy
					 certain types of State highway rights-of-way with the payment of any use and
					 occupancy fee imposed by the department. Utilities owned by municipal
					 corporations, including public authorities, while enjoying no legislated grant
					 to occupy the rights-of-way, have traditionally been authorized the right to
					 occupy certain types of State highway rights-of-way, subject to conditions
					 prescribed by the department, and to the right of the department to use its
					 rights-of-way for all lawful purposes. Thus, such utilities in New York State,
					 either operating under a franchise granted by law or pursuant to law, or a
					 political subdivision of the State, use and occupy the State highway rights-of-
					 way in furtherance of their legal obligations under the Public Service Law,
					 article 28 of the Executive Law, or other statute to provide service to the
					 public. Utility facilities not serving the public, but devoted to private
					 purposes, have no legislated right to occupy the State highway rights-of-way,
					 however the department is authorized to permit private utilities to occupy the
					 State highway rights-of-way and may issue a use and occupancy permit as
					 provided in this Part.