reglab/statecodes huggingface dataset:
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 126 - General Information And Procedure › Section 126.3 - Forms of applications

Current through Register Vol. 46, No. 28, July 10, 2024
Sections 52, 103, 230, 249 and
					 250  of the Highway Law authorize certain
					 uses of State highway lands and State-owned bridges and culverts, provided a
					 permit is first obtained from the Commissioner of Transportation. Also no tree
					 or plant shall be planted, trimmed or removed unless a permit shall first be
					 obtained from the New York State Department of Transportation. Applications for
					 permits in relation to the provisions of such sections must be prepared and
					 submitted on forms furnished by the New York State Department of
					 Transportation.
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 126 - General Information And Procedure › Section 126.4 - Existing permits

Current through Register Vol. 46, No. 28, July 10, 2024
All existing permits affected by the provisions of this
					 Subchapter may be continued by the commissioner.
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 126 - General Information And Procedure › Section 126.6 - Instructions to obtain highway work permits

Current through Register Vol. 46, No. 28, July 10, 2024
These instructions apply to permits for:
public utility main and service line extension;
emergency repairs and public utilities;
driveways;
sidewalks and curbs constructed by property owners;
tree removal, pruning and clearing, planting and excavation
					 near trees;
large sidewalk and curb construction job;
highway widening;
work requiring pavement openings;
water mains, gas mains or sewer lines; or
unusual jobs.
(a) A
				  request by letter should be made to the appropriate regional office and should
				  be accompanied by a sketch showing the exact location, and a description of the
				  proposed work.
(b) Upon receipt of
				  the request the necessary number of "application for permit" forms will be
				  mailed from the regional office for completion by the applicant.
(c) All copies of the application for permit
				  are to be returned signed and completed to the regional office accompanied by:
(1) A deposit of a certified check, a bank
				  check or negotiable instrument acceptable to the New York State Department of
				  Transportation for a sum to be specified by the regional director after he has
				  received the applicant's sketch and request for permit or a bond for said sum
				  payable to or for the benefit of the New York State Department of
				  Transportation to guarantee completion of the work in accordance with the terms
				  of the permit.
(2) Applicants who
				  frequently apply for work permits may furnish a bond in the amount of $10,000,
				  or more if required, payable to or for the benefit of the State Department of
				  Transportation to guarantee satisfactory completion of any and all work
				  undertaken in accordance with the terms of the permits issued, in lieu of
				  filing a separate bond, a certified check, a bank check or negotiable
				  instrument acceptable to the New York State Department of Transportation for
				  each permit.
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 127 - Financial Security Requirements › Section 127.1 - Financial security requirements, generally

Current through Register Vol. 46, No. 28, July 10, 2024
As a condition to the issuance of any permits to perform
					 work or other operations upon State right-of-way pursuant to Parts 125, 126,
					 129, 131 and 134 of this Title, permittees are required to furnish proof of
					 financial responsibility sufficient to protect the people of the State of New
					 York and/or the Commissioner of Transportation and all employees of the State
					 Department of Transportation from the following costs, expenses and
					 liabilities:
(a) Claims, damages,
				  losses and expenses, including but not limited to attorneys' fees, arising from
				  personal injuries, property damage or wrongful death and/or environmental
				  claims, associated with the permittees, activities or operations.
(b) The reasonable costs necessary to restore
				  State property damaged by permittees work/activities to substantially the same
				  or equivalent condition as existed before such work was undertaken as
				  determined by the commissioner or his/her designee.
(c) The reasonable costs associated with the
				  review, modification and approval of permit applications, plans, and designs,
				  as well as the inspection of on-going and/or completed work as may be deemed
				  appropriate by the commissioner or his/her designee.
(d) The payment of all contractors and
				  material suppliers engaged by permittee to make improvements within the bounds
				  of the state right-of-way and to secure the release of any liens asserted in
				  connection therewith.
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 127 - Financial Security Requirements › Section 127.2 - Indemnification requirement

Current through Register Vol. 46, No. 28, July 10, 2024
New York State Department of Transportation shall not be
					 liable for any damage or injury to the permittee, his or her agents, employees,
					 or to any other person, or to any property, occurring on the site or in any way
					 associated with permittee's activities or operations for which a license or
					 permit from the department is required; whether such activities or operations
					 are undertaken by permittee's own forces or by contractors or other agents
					 working on permittee's behalf. As a condition of any permit issued under Parts
					 125, 126, 129, 131 and 134 of this Title, permittees shall agree that to the
					 fullest extent permitted by law, the permittee shall defend, indemnify and hold
					 harmless the people of the State of New York and/or the Commissioner of
					 Transportation and all employees of the State Department of Transportation, and
					 their agents, from and against all claims, damages, losses and expenses,
					 including but not limited to attorney's fees, arising out of any claim,
					 including but not limited to claims for personal injuries, property damage or
					 wrongful death and/or environmental claims, that are in any way associated with
					 the permitted work/operations.
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 127 - Financial Security Requirements › Section 127.4 - Protective liability insurance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Permittees will be required to provide protective liability
					 insurance coverage under the following conditions:
(a) The permittee is a homeowner constructing
				  a residential driveway at his/her own home, as permitted under section
				  125.9  of
				  this Title;
(b) The estimated value
				  of permitted work in state right-of-way is $250,000 or more.
(c) Where the permittee does not have an
				  acceptable general liability insurance policy.
Such policy of protective liability insurance shall be
					 issued to, in the name of and covering the liability of the ''the State of New
					 York and the Commissioner of Transportation and all employees of the State
					 Department of Transportation.'' Unless higher limits are required by section
					 127.3,
					 such policy shall carry limits of liability of not less than $1,000,000 per
					 occurrence/$2,000,000 aggregate. The policy shall be written for the permitted
					 project and shall be kept in force at the expense of the permittee for the
					 duration of the project. The policy shall provide primary coverage to the State
					 of New York for claims arising from the permitted work within the area covered
					 by the permit. Annual maintenance permits are exempt from the requirement to
					 provide protective liability insurance coverage as stated above. This option is
					 not available for special use permits.
If the permittee is a homeowner constructing a residential
					 driveway at his/her own home, they are eligible to pay an optional insurance
					 fee that supports a blanket insurance policy for the State of New York, as an
					 alternative to the requirement to provide protective liability insurance
					 coverage.
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 127 - Financial Security Requirements › Section 127.5 - Workers' compensation insurance requirements

Current through Register Vol. 46, No. 28, July 10, 2024
As a condition of the issuance of any permit to perform
					 work or other operations upon state right-of-way pursuant to Parts 125, 126,
					 129, 131 and 134 of this Title, permittees are required to furnish proof that
					 is duly subscribed by an insurance carrier, that compensation for all employees
					 has been secured as required by section 57  of the Workers' Compensation Law of
					 the State of New York, or that the person or persons performing such work are
					 exempted from the requirements of that law.
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 127 - Financial Security Requirements › Section 127.7 - Acceptable forms of performance security

Current through Register Vol. 46, No. 28, July 10, 2024
In order to ensure the completion of work allowed under a
					 highway work permit or annual permit issued pursuant to Parts 125, 126, 129,
					 131 and 134 of this Title, and to ensure that the State highway is restored to
					 the condition it was in before permitted work was undertaken without any liens
					 or encumbrances, performance and payment security is required. Forms of
					 performance security acceptable to the department are as follows:
(a) A cash deposit in funds of the United
				  States paid to the permitting office.
(b) A performance/payment bond in a form
				  prescribed by the department.
(c) A
				  letter of credit issued by any bank authorized to do business in the State of
				  New York.
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 127 - Financial Security Requirements › Section 127.8 - Special accommodations for municipalities, Federal agencies, public utilities, transportation corporations, public authorities, public benefit corporations and railroads

Current through Register Vol. 46, No. 28, July 10, 2024
Municipalities, Federal agencies, public utilities,
					 transportation corporations, public authorities, public benefit corporations,
					 or railroads, may elect to furnish an undertaking form that is acceptable to
					 the department as a substitute for or to supplement the security provided under
					 this Part. Such undertaking shall require full indemnification of the State
					 without specifying limits of liability and may be utilized to satisfy the
					 security requirements for all permits issued to the
					 permittee.
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 128 - Work Within Highway Limits › Section 128.1 - Applicability of related rules

Current through Register Vol. 46, No. 28, July 10, 2024
All work performed within the limits of a State highway
					 shall be subject to the same rules and regulations as those prescribed for
					 facilities occupying bridge structures, insofar as the rules and regulations
					 are applicable. The permittee shall obtain any necessary consents from the
					 owners of abutting property.
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 128 - Work Within Highway Limits › Section 128.2 - Mains or conduits

Current through Register Vol. 46, No. 28, July 10, 2024
Each application for a permit for the installation of a
					 main or conduit along a State highway for a distance of more than 200 feet
					 shall be personally reviewed by the regional director or assistant regional
					 director and, if approved, the permit shall bear the reviewer's
					 signature.
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 128 - Work Within Highway Limits › Section 128.3 - Work within limits of department contract

Current through Register Vol. 46, No. 28, July 10, 2024
Permits issued for work within the limits of a department
					 contract shall contain the following special condition: "The permittee will
					 conduct his work in collaboration and conformity with the work schedule which
					 the State's Contractor has submitted to and which has been approved by the
					 regional director in accordance with the requirements of the Standard
					 Specifications of January 2, 1973, or any approved amendments to that
					 schedule."
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 128 - Work Within Highway Limits › Section 128.4 - Prohibited equipment

Current through Register Vol. 46, No. 28, July 10, 2024
Equipment with chains, armored tires, lugs, etc. will not
					 be permitted on the pavement area, pursuant to the provisions of section 14  of the Highway Law.
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 129 - ANNUAL MAINTENANCE PERMIT › Section 129.1 - When permit may be granted

Current through Register Vol. 46, No. 28, July 10, 2024
An annual maintenance permit may be granted to political
					 subdivisions, public service and public utility corporations for the
					 maintenance and replacement of existing facilities. The installations involved
					 are electric power and telephone lines, poles, water and gas mains and such
					 other underground and aboveground installations as may be
					 authorized.
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 129 - ANNUAL MAINTENANCE PERMIT › Section 129.2 - Facilities not covered

Current through Register Vol. 46, No. 28, July 10, 2024
Such permit does not apply to the installation of new
					 facilities or to a relocation of existing facilities.
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 129 - ANNUAL MAINTENANCE PERMIT › Section 129.3 - Required conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
(1) Except in emergencies, the applicant will
				  notify the regional director and resident engineer in writing, at last 72 hours
				  before work is started. This notice will contain a complete description of the
				  work to be done, including sketches where essential.
(2) In emergencies, telephone notice will be
				  immediately given the resident engineer, and the full requirements of paragraph
				  (1) of this subdivision will be met as soon as possible and not later than the
				  first working day following the emergency notice.
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 131.1 - Scope of rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
The rules and regulations of this Part apply to utility
					 facilities located within State highway rights-of-way and those utility
					 facilities that affect the use and operation of State highway facilities. In
					 addition, this Part is applicable to other highways in which Federal laws or
					 regulations require such compliance.
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 131.2 - Authority to occupy State highway rights-of-way

Current through Register Vol. 46, No. 28, July 10, 2024
Utility facilities occupy State highway rights-of-way as
					 provided by law, or pursuant to permission of the department. Utility
					 occupation, whether by legislated right or by permission is subordinate and
					 subject to the use of the rights-of-way by the department for highway or other
					 uses authorized by law. It is in the public interest for utility facilities to
					 be accommodated within the highway rights-of-way when such use and occupancy
					 does not interfere with the free and safe flow of traffic, otherwise impair the
					 highway or conflict with the use of the rights-of-way by the department,
					 including, but not limited to walkways, bikeways, and scenic areas. Utility
					 occupation is subject to all applicable laws, regulations of other agencies
					 with jurisdiction thereover, regulations of this department in this Part and
					 other Parts of its regulations, and conditions imposed by the department. This
					 Part is applicable to all utility installations, modifications, relocations,
					 maintenance, operations and repairs within State highway
					 rights-of-way.
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 131.4 - Public Service Law-article 7 installations

Current through Register Vol. 46, No. 28, July 10, 2024
Utilities occupying or making modifications to State owned
					 highways in connection with construction of transmission lines pursuant to
					 certificate of the Public Service Commission issued under article 7 of the
					 Public Service Law are advised that such certificate does not create a property
					 right in the State highway necessary to enter upon such highway and modify the
					 property. Consequently utilities must, prior to their presence on department
					 property, submit for review, plans of proposed construction on such lands owned
					 by the department.
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 131.6 - Accommodation of utilities on highways with full control of access

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  accommodation of utilities on highways with full control of access, where
				  applicable, shall be subject to title 23 of the Code of Federal Regulations,
				  part 645, in particular,
				  23 CFR sections
				  645.209 and
				  645.211.
				  This publication may be inspected at the department's main office located in
				  Bdlg. 5, Rm. 414, State Campus, Albany, NY 12232 and obtained through the U.S.
				  Government Printing Office, Washington, DC. Any permit issued by the department
				  may contain additional provisions to insure that the utility facility or its
				  installation does not interfere with the free and safe flow of traffic,
				  otherwise impair the highway or conflict with its maintenance, or conflict with
				  applicable laws or regulations.
(b)
				  Utilities should when feasible install line crossings widely spaced to serve
				  consumers in general areas along either or both sides of the highway to
				  minimize the number of crossings.
(c) In appropriate situations and due to
				  severe economic hardship and infeasibility of the application of this section,
				  the department in its discretion may apply any or all of the provisions in
				  section
				  131.8 
				  of this Part to installations on highways with full control of
				  access.
(d) The department reserves
				  the right to enter into an agreement for a joint use occupation of highway
				  right-of-way which agreement may provide for compensation to the
				  department.
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 131.7 - Accommodation of utilities on highways with partial control of access

Current through Register Vol. 46, No. 28, July 10, 2024
Section
					 131.6 
					 of this Part shall govern the accommodation of utilities on highways with
					 partial control of access. However, where safety and operational considerations
					 permit, and where serious engineering and/or financial considerations so
					 warrant, the department in its discretion may authorize the application of any
					 or all of the provisions in section
					 131.8 
					 of this Part. Any permit issued by the department may contain additional
					 provisions to insure that the utility facility or its installation does not
					 interfere with the free and safe flow of traffic, otherwise impair the highway
					 or conflict with its maintenance or conflict with applicable laws or
					 regulations.
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 131.8 - Accommodation of utilities on highways with no control of access

Current through Register Vol. 46, No. 28, July 10, 2024
Consistent with any franchised right or privilege granted
					 by any statute, public, private, municipal and State utility facilities will be
					 permitted to cross or occupy the rights-of-way of highways with no control of
					 access in accordance with nationally recognized standards and the provisions of
					 this Part. In case of conflict, the provisions of this Part shall govern. In
					 situations where unusual conditions or considerations are present that
					 jeopardize highway safety or highway operation or maintenance, the department
					 may impose additional construction or placement requirements reasonably
					 necessary for such condition. In any case where a permit, fee, rental, or a use
					 and occupancy agreement is required, such must be paid, or be in effect, prior
					 to entry upon the rights-of-way.
(a)
				  On highways where posted speeds are greater than 35 mph:
(1) All new or relocated above-ground utility
				  elements shall be located as near as possible to the rights-of-way line, and
				  not within the appropriate clear zone, deflection zone or area or the runout
				  area of guiderail systems. The department may consider exceptions where it is
				  not reasonably possible to achieve the appropriate clear zone, upon showing
				  that highway safety is not impaired, and the maintenance and operation of the
				  highway are not adversely affected. The public or private utility, shall
				  reimburse the department for additional expenses attributable to any such
				  exception, including, but not limited to any costs and expenses attributable to
				  the installation of guiderail or upgrading a guiderail system.
(2) All new or relocated underground
				  facilities shall be placed adjacent to the rights-of-way line whenever
				  reasonably possible. Each type of facility shall be properly separated. Where
				  it is not feasible to locate underground elements near the rights-of-way line,
				  elements may be located in the area between the ditch or slope line and
				  rights-of-way line, or between the outer edge of shoulder or curb and
				  rights-of-way line. However, such must always be outside the drainage system,
				  unless the facility is crossing the right-of-way, and/or, unless unusual
				  physical conditions are present, and the department grants an
				  exception.
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 131.9 - Depth of bury and vertical and lateral clearance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Depth of bury. The desirable minimum
				  cover for underground facilities within the roadway is 60 inches below top of
				  pavement. Outside the roadway and within the rights-of-way, the desirable
				  minimum cover is 36 inches below finished grade. Installations at lesser depths
				  require approval, based upon a determination that such installation is
				  consistent with safe highway use and operation. Any utility facilities placed
				  at less than the above or approved minimum cover, shall not be eligible for
				  compensation or reimbursement for damage that the State, its employees or
				  agents, may cause thereto. In addition to the standards provided below, the
				  department may impose additional requirements in accordance with nationally
				  recognized standards.
(b) Vertical
				  and lateral clearances.
(1) Minimum
				  clearances for structures for aerial power and communication lines are as
				  follows:
(i) Minimum vertical clearance above
				  all roadways must be 18 feet for
(a) wires
				  carrying less than 750 volts,
(b)
				  guys, message wires, and communication cables,
(c) supply cables encased in a continuous
				  metal sheath, and
(d) insulated
				  supply cables fastened to an effectively grounded messenger cable.
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 131.10 - Lighting

Current through Register Vol. 46, No. 28, July 10, 2024
Lighting facilities and appurtenances when installed within
					 the rights-of-way shall be in accordance with the following:
(a) On highways with no control of access,
				  non-breakaway lighting supports shall be located as prescribed in section
				  131.8 
				  of this Part. Such supports will be considered fixed objects when determining
				  an appropriate clear zone.
(b)
				  Breakaway light supports may be located within the appropriate clear zone,
				  deflection zone or area, and the runout area of guiderail systems, with
				  department consent and approval.
(c) Underground conduit and other related
				  appurtenances for highway lighting shall be located both vertically and
				  horizontally in a manner appropriate for the highway. In general, longitudinal
				  installations directly between lighting supports are permissible, and
				  exceptions to depth of bury prescribed by section
				  131.9 
				  of this Part may be approved.
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 131.11 - Existing utility facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The department has the right to construct, reconstruct,
					 repair, operate and maintain State highways and other transportation facilities
					 as provided by law, without interference from utility facilities. Utilities
					 shall permanently or temporarily remove, relocate, repair, modify, shield or
					 otherwise protect their facilities, upon notice from the department, so as to
					 avoid interference with the rights and obligations of the department. The
					 department, whether or not in conjunction with a highway construction or
					 maintenance project, may require the relocation of utility facilities which may
					 interfere with the free and safe flow of traffic or which are located within
					 the clear zone or deflection zone. Utilities shall be required to provide such
					 information and make such certifications as the department shall require, in
					 connection with existing facilities and the impact of the highway project on
					 such facilities. In instances in which the department is concerned about
					 potential impacts of department or contractor activity on utility facilities a
					 certification from a licensed professional engineer on behalf of the utility,
					 attesting to the fact that the proposed department or contractor activity is
					 compatible with the integrity and safety of the utility facility may be
					 required.
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 131.12 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
It may not be feasible in all cases to comply with all the
					 requirements of sections
					 131.6
					 through
					 131.11 
					 of this Part. Alternative proposals with justification may be submitted to the
					 department for review. The department may permit such deviation upon
					 determination that it will not adversely affect the traveling public,
					 maintenance or safe operation of the highway, or is in conflict with applicable
					 law or regulation.
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 131.13 - Abandoned facilities

Current through Register Vol. 46, No. 28, July 10, 2024
The utility shall remain responsible for all abandoned
					 utility facilities. The department on reasonable notice may require the removal
					 of abandoned utility facilities and restoration of the right-of-way, when
					 necessary to avoid interference with the operation, maintenance or
					 reconstruction of the highway. If the utility shall fail to remove the
					 abandoned facility within a reasonable time after such notice, the department
					 may cause the removal of the facility. Any expenses incurred by the department
					 arising from abandoned utility facilities shall be reimbursed by the utility or
					 its successor.
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 131.14 - Federal-aid highway projects

Current through Register Vol. 46, No. 28, July 10, 2024
Utilities are advised that FHWA regulations, consents
					 and/or approvals may be applicable on Federal-aid highways and
					 projects.
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 131.15 - Scenic enhancement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department may preclude or require the relocation or undergrounding of new or
				  existing utility facilities based upon environmental, scenic appearance or
				  historical concerns:
(1) in order to ensure
				  compliance with any Federal or State statute, regulation, Executive Order or
				  similar mandate; or
(2) when the
				  department, in its sole discretion, determines that preclusion, undergrounding,
				  or relocation is required as a condition to the department obtaining or
				  utilizing any Federal or State funds; or
(3) when the department, in its sole
				  discretion, determines that preclusion, undergrounding or relocation is
				  required to comply with, or participate in, any program or action under Federal
				  or State law.
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 131.18 - Electric power and communication lines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Electrical power and communication lines
				  shall meet nationally recognized standards pertaining to loading and strength
				  criteria, and shall be consistent with section
				  131.9 
				  of this Part.
(b) Poles or towers.
				  Poles and towers shall be located as far away as practicable from flammable
				  material or structures. The poles or towers supporting the crossing span and
				  the adjoining span on each side, preferably, shall be in a straight line. There
				  shall be no obstruction to driveways connecting highways, roads, paths or
				  sidewalks. Poles shall be set in line and plumbed.
(c) Guys. The details of the anchorage shall
				  be shown on the plan. Wooden poles supporting the crossing span shall be
				  sideguyed in both directions, if practicable, and be headguyed away from the
				  crossing span. The next adjoining poles shall also be guyed. Braces may be used
				  instead of guys. Special precautions shall be taken on curves and where lines
				  cross. There shall be no guying from trees without permission from the owner.
				  Guys are considered fixed objects subject to clear zone restrictions.
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 131.19 - Underground work

Current through Register Vol. 46, No. 28, July 10, 2024
Underground work shall be in accordance with the nationally
					 recognized standards, and as prescribed below. Regional offices may impose more
					 stringent conditions in a permit based upon prevalent weather and traffic
					 conditions.
(a) Installation.
(1) Pavement crossings for underground
				  utilities shall be accomplished by jacking, driving, drilling, boring, or
				  tunneling. "Open cut" installation will be approved by the department only upon
				  a clear demonstration of necessity or other conditions which warrant such a
				  procedure. Subsurface rock formations, excessive presence of boulders,
				  excessive and damaging skin friction during jacking operations or insufficient
				  rights-of-way limits to allow jacking, driving or tunneling may constitute a
				  necessity. Where an ongoing construction contract requires pavement removal
				  and/or construction of new pavement, the department may consider approving an
				  "open cut".
(2) The edge of the
				  excavation (nearest the pavement) used for driving or jacking shall not be less
				  than 10 feet, measured laterally from the curb, or edge of shoulder at shoulder
				  break, whichever provides more clearance. When the highway configuration or
				  other circumstances preclude the minimum offset, the department may consider
				  approving an alternate configuration and offset.
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 131.20 - Utility facilities on structures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. Utility facilities may be placed
				  on bridges upon written approval of the department. The following provisions
				  are applicable to new or replacement installations of usual size, pressure and
				  voltage. The department will establish requirements for situations beyond the
				  norm and for those not specifically covered by this subdivision.
(b) All utility facilities to be installed by
				  State-let contract or owner-let contract, shall be fully detailed and shown in
				  plan, section and elevation when required. Utilities shall not be placed on an
				  existing structure if their weight would reduce the allowable vehicle loading
				  below the legal limit except in certain instances when approved by the
				  department.
(c) Location of utility
				  facilities on bridges.
(1) Utility facilities
				  shall not be placed at nor extend below the bottom of the
				  superstructure.
(2) Utility
				  facilities shall not be located where they may be subject to vehicular impacts
				  nor shall they be attached to railing systems which may be subject to vehicular
				  impacts.
(3) Utility facilities
				  shall not be located where they will impair or interfere with roadway
				  drainage.
(4) Utility facilities
				  shall not be supported from the bottom of the concrete structural
				  slab.
(5) Utility facilities should
				  be located so they do not interfere with maintenance and inspection of the
				  structure. Aesthetics is also a consideration. Preferred locations, in
				  decreasing desirability, are:
(i) In bays
				  between main longitudinal bridge members.
(ii) In concrete sidewalks - small diameter
				  installations only.
(iii) In the
				  voided section of closed box bridge members.
(iv) On a utility ledge on the
				  fascia.
(v) Attached to the fascia,
				  preferably on downstream side.
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 131.21 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Notifications required of permittees under highway work permits.
(1) Permittee shall notify the applicable
				  regional office of the department (unless otherwise specified on permit) prior
				  to commencing work (except emergency work by utility owners which should be
				  reported the next working day). Work shall start within 30 days from the date
				  of permit.
(2) Permittee must
				  notify all gas distributors in the area 72 hours prior to any
				  blasting.
(3) In accordance with 12
				  NYCRR Part 53 permittee must notify utility owners with facilities in work area
				  prior to starting work. Permission must be obtained before doing work affecting
				  a utility's facilities.
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 131.22 - Insurance, undertakings and deposits

Current through Register Vol. 46, No. 28, July 10, 2024
Permittees are subject to applicable provisions of Part 127
					 of this Title. Utilities are not eligible for participation in the department's
					 blanket policy. Protective public liability insurance must be provided as
					 required by section
					 127.1 
					 of this Title, unless, with respect to municipalities and public service
					 corporations, an undertaking is furnished in a form and amount acceptable to
					 the department. Failure to maintain such insurance or undertaking, or insurance
					 required by the Workers' Compensation Law immediately causes invalidation of a
					 permit. Other than specifically provided for by law, the department shall owe
					 no duty or obligation to any utility with respect to utility facilities within
					 the department's rights-of-way.
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 132 - Fees Relating To Permit Traffic-control Signals › Section 132.1 - Controller test fee

Current through Register Vol. 46, No. 28, July 10, 2024
The fee for testing a controller for a traffic-control
					 signal erected pursuant to section 1681 (c)  of the Vehicle and
					 Traffic Law shall be $271 per test.
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 132 - Fees Relating To Permit Traffic-control Signals › Section 132.2 - Annual maintenance fee

Current through Register Vol. 46, No. 28, July 10, 2024
The annual maintenance fee for a traffic-control signal
					 erected pursuant to section 1681 (c)  of the Vehicle and
					 Traffic Law shall be $1,251.62 for signals operated on a year round basis and
					 $938.72 for signals operated on a seasonal or part-time
					 basis.
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 134 - Vegetation Control Permits For Advertising Signs › Section 134.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to entry onto and work upon the right of
					 way of State highways under the jurisdiction of the Commissioner of
					 Transportation to control, maintain, or otherwise affect vegetation located
					 upon such right of way for the purpose of enhancing the visibility of
					 advertising signs.
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 134 - Vegetation Control Permits For Advertising Signs › Section 134.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and phrases are
					 defined:
(a) Advertising sign means
				  any outdoor sign, display, device, or billboard registered with the department
				  pursuant to Part 150 of this Title. Multiple signs located on a common
				  structure shall be treated as a single sign for purposes of section
				  134.11 
				  of this Part and section
				  126.5(V)(d)(7) 
				  of this Title.
(b) Department means
				  the New York State Department of Transportation.
(c) Clear zone means the area, starting at
				  the edge of the traveled way, available for safe use by errant vehicles, as
				  determined by the department.
(d)
				  Right of way means the entire width between the boundary lines of all property
				  on the State highway system.
(e)
				  State highway means a highway under the jurisdiction of the Commissioner of
				  Transportation.
(f) Topping means
				  cutting the main leader or leaders of a tree.
(g) Trunk diameter means the diameter of a
				  tree, measured outside the bark at a height of four feet (1.2m) above ground
				  level.
(h) Vegetation means plant
				  life of any kind, including, but not limited to trees, shrubs and ground
				  cover.
(i) Vegetation control means
				  any activity intended to limit or regulate the growth or survival of
				  vegetation, including, but not limited to, cutting, excavating, pruning,
				  removing, trimming or mowing.
(j)
				  Viewing zone means the triangular shaped area bounded by a line perpendicular
				  to the highway center line and starting at the point on an advertising sign
				  furthest from the highway center line and a line continuing along the highway
				  center line for a distance of 500 feet (152.5m) in the direction the sign is
				  facing, to a third point on the highway center line, and then closing by a
				  hypotenuse between the first and third points. An example of a viewing zone is
				  depicted in Appendix A of this Part. A sign structure may have two viewing
				  zones if signs on the common structure face in substantially different
				  directions.
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 134 - Vegetation Control Permits For Advertising Signs › Section 134.3 - Permits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person,
				  institution, corporation, or other entity desiring access to the right of way
				  of a State highway for the purposes of conducting vegetation control on such
				  right of way so as to enhance the visibility of, an advertising sign shall
				  first obtain a work permit from the department.
(b) Written application for such permit shall
				  be made to the department and shall be accompanied by site plans, prepared in
				  accordance with the criteria in section
				  134.6(a) 
				  of this Part, indicating the vegetation control proposed and photographs
				  demonstrating the existing condition of vegetation in the State highway right
				  of way that may be affected, relative to the advertising sign. Such application
				  shall also be provided, for informational purposes, to the town, village or
				  city in which the vegetation proposed for control is located.
(c) The department may require a meeting at
				  the site of the proposed vegetation control or elsewhere to facilitate the
				  department's review of a permit application under this Part.
(d) The application shall include the
				  applicant's certification that it is the owner of the advertising sign for
				  which the permit is sought and that such sign is in full compliance with the
				  provisions of Part 150 of this Title.
(e) On approval of the application by the
				  department, a work permit shall be issued stipulating the conditions under
				  which the vegetation control may be performed.
(f) If work is performed in a manner which
				  does not comply with the terms of a permit, or vegetation control is performed
				  without a permit, the department may halt the work until adequate corrections
				  have been made. Costs incurred by the department in correcting failure to
				  comply with the provisions of this Part or a permit issued pursuant to this
				  Part shall be borne by the permittee or entity undertaking the
				  activity.