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 17.4.2.19 - UTILITY RELOCATIONS AND REIMBURSEMENT

Current through Register Vol. 35, No. 13, July 16, 2024
The Department develops their annual highway construction
				  schedule based upon engineering studies conducted on an ongoing basis, that
				  determines when and where highway construction projects will be let to
				  contract. In the early stages of development, the Railroad & Utility
				  Section of the Department or its approved representative will begin discussions
				  with utility owners who are thought to have portions of their facilities in
				  conflict with the proposed highway construction features. This Section sets
				  forth the regulations pertaining to eligibility for utility relocation
				  reimbursement, methods and scheduling of the utility relocation work required,
				  and the documentation and record keeping required when the expenditure of
				  public funds is involved.
A.
Public and private utilities:
Statutory reimbursement regulation
				pertains only to utilities. Utilities that have to be relocated or removed from
				the right-of-way will be handled in accordance with the terms of the New Mexico
				Public Highway Utility Accommodation Permit and these regulations. The
				relocation of a private utility, situated on private land and not dedicated to
				public use, is to be handled as a right-of-way taking consideration. A private
				utility on public right-of-way will be handled in accordance with terms of the
				permit and these regulations.
B.
Interstate highway projects:
On Interstate highway projects only,
				the required relocation of public utility facilities within existing public
				right-of-way is generally eligible for reimbursement by the Department, unless
				the facilities were installed with knowledge of future conflict, or as
				documented in an approved New Mexico Public Highway Utility Accommodation
				Permit which defines the future obligation of the utility owner. Facilities
				owned by a public utility that are situated on lands, easements or other
				properties, in which the owners have a documented compensable property right
				thereto, and which utilities shall be relocated because of conflict with
				highway features are also reimbursable to the utility owner.
C.
Other state highway
				projects:
On any type of state highway project (other than Interstate
				Highways) where the utilities are located on private right-of-way, and the
				owner holds a documented compensable property interest therein, the relocation
				required of the owner is compensable to the owner under the Department's
				regulations providing for reimbursement. On any Non-Interstate Projects where
				public utility facilities are located within existing public rights-of-way, the
				relocation cost is not eligible for reimbursement, unless the utility facility
				occupies the right-of-way under a Joint Use Agreement, issued and approved by
				the Department, which authorizes reimbursement issued and approved by the
				Department.
D.
Other highway
				projects involving public funds:
On any highway project where public
				utility facilities have once been relocated to the satisfaction of the
				Department for a specific highway project, but due to a revision or change in
				plan on the same highway project an additional complete or partial relocation
				is required, and the Department directs the utility to relocate all or some of
				their facilities by written instruction, then the additional complete or
				partial relocation costs are reimbursable to the utility owner by the
				Department.
(1) If additional relocations are
				required due to errors, omissions or faulty workmanship performed by the
				utility owner, their personnel and/or those engaged by the utility, or if any
				of these parties fail to complete the relocation in accordance with the Utility
				Adjustment Agreement, the utility relocation plans, specifications, and/or
				contract documents, the utility shall make any correction required as directed
				in writing by this Department. This remedial work will be at the sole expense
				of the utility owner, including administrative costs incurred by the Department
				pertaining to the remedial work, regardless of the cost responsibility for the
				previous relocation.
(2) On
				projects where overhead utilities that occupy public right of way have to be
				buried because of safety, environmental, archeological, aesthetic, or highway
				construction considerations, such relocation from overhead to underground shall
				be performed at the expense of the utility owner.
(3) Should any highway construction delay
				claims be paid by the Department because of unreasonable actions or inaction by
				the utility owner, all costs associated therewith shall be reimbursed to the
				Department by the utility within ninety (90) days of receipt of a reimbursement
				request.