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 17.4.2.17 - THE ACCOMMODATION OF UTILITY FACILITIES WITHIN FREEWAY OR INTERSTATE RIGHT-OF-WAY

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Federal Highway Administration (FHWA) regulations
				  regarding the accommodation of longitudinal utility facilities within the
				  access control limits of Freeways and Interstate Highway rights-of-way, the
				  Department will allow under controlled circumstances, the placement of
				  longitudinal utility facilities within the access control limits of the
				  Interstate System or other fully access controlled Freeways. These regulations
				  do not apply to utility lines for servicing facilities required for the
				  operation of the Freeway.
A.
Term and cost of permit:
Permits for longitudinal utility facilities
				within the access controlled Freeways shall have a term as set by the Engineer,
				but in no event shall the term exceed twenty-five (25) years. The Engineer may
				impose charges, fees or other compensation or consideration as may be
				reasonable for the occupancy of the right-of-way by the utility. The permit
				shall be subject to any other reasonable conditions deemed appropriate by the
				Department under the circumstances. Even though payment may be made by the
				utility to the Department, no permit shall be exclusive, meaning the Department
				may issue additional permits to other utilities within the same Freeway
				right-of-way.
B.
Physical
				location of new longitudinal utility facilities along interstate highways and
				freeways:
New utilities to be installed longitudinally within the
				control of access lines of any freeway shall be subject to controlled
				conditions, and the utility requesting permits must meet the following
				requirements:
(1) The accommodation will not
				adversely affect the safety, design, construction, maintenance or stability
				(integrity) of the Freeway.
(2) The
				accommodation will not interfere with or impair the present or future use, or
				future expansion of the Freeway.
(3) Any alternative location would be
				contrary to the public interest. This determination must include an evaluation
				of the direct and indirect environmental and economic impacts resulting from
				disapproval of the use of such right-of-way for the accommodation of the
				facility.
(4) If by reason of any
				change in the location, construction, grade or by any other matter affecting
				the highway upon which any facility is located because of changing traffic
				conditions or otherwise, it shall become advisable in the opinion of the
				Engineer that said facility be removed, relocated or otherwise modified, the
				utility, upon written notice from the Engineer, shall remove, relocate or
				modify such facility without undue delay in such manner as the Engineer may
				direct or approve, at the utility's expense and at no cost to the Engineer. All
				facilities located on public right-of-way under the dual jurisdiction of the
				State and a subordinate governmental entity shall comply with all applicable
				rules and regulations of such entity properly and lawfully in force and
				including but not limited to provisions of local franchises not in conflict
				with the rules and regulations of the Engineer. The Engineer makes no warranty,
				either express or implied, as to the continued existence of any highway in any
				particular location and expressly assumes no obligation with regard to the
				facility upon change, vacation or abandonment of any highway or portions
				thereof.
(5) If approval for
				installation is granted, any and all utility installations and components
				associated thereto shall be buried parallel to the Freeway, and shall be
				located within 1.52 m (5 feet) of the access control line, wherever
				practicable. Surface components of buried facilities, i.e., valves, manholes,
				vents, etc., shall be located as close as possible to the access control line.
				The high point of structural elements such as manholes, vaults, and anchor
				blocks, shall be at or below the natural ground line of the right-of-way
				surface. All buried facilities will be installed at a minimum depth of 0.91 m
				(36 inches) or more from the right-of-way surface to the top of the facility.
				All trenches and ditches will be backfilled and compacted by the facility
				installer to the satisfaction of the Engineer. All excavations outside the
				roadway foreslopes shall be compacted to a density equal to the surrounding
				soil. All excavations within the toes of the foreslopes shall be compacted to
				ninety-five percent (95%) of maximum dry density as determined by a Standard
				Compaction Test, Modified Proctor Method T-99 or equivalent. Parallel ditches
				in excess of 106.68 m (350 feet) in length shall not remain open over 24 hours.
				Any excavations on or near the traveled way shall not remain open overnight.
				All future relocations or adjustments shall be the responsibility of the
				utility and shall be at the sole expense of the utility.
(6) No service connections shall be allowed
				from within access controlled facilities.