New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 25 - UTILITY ACCOMMODATION
Subchapter 3 - HIGHWAY OCCUPANCY PERMITS
Section 16:25-3.1 - General requirements
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Any construction, major maintenance, or relocation work by utilities and cable television companies on right-of-way or property under the jurisdiction of the Department requires either a highway occupancy permit pursuant to N.J.A.C. 16:41 or a utility agreement, as described at 16:25-4.1, entered into with the Department for adjustments and relocations required for highway projects.
(b) All other permits obtained by the utility or cable television company for utility facility installation and related work, whether from the Department or other parties shall be supplied to the Department prior to issuance of any agreement or highway occupancy permit.
(c) Costs incurred by the Department for inspection of the installation and repair, or relocation of the facilities owned by a public utility or cable television company during construction, not resulting from a Department-administered project, shall be reimbursed to the Department by the public utility or cable television company. Department costs, as estimated by the Department, shall be remitted to the Department by the public utility or cable television company in accordance with any agreement or permit. Final costs, even if the costs exceed the estimate, shall be remitted to the Department within 30 days of invoicing for same.
(d) A public utility or cable television company that is granted a highway occupancy permit for occupation of State right-of-way shall not sell, lease, or otherwise transfer any rights of the permit to another public utility, cable television company, or anyone else, unless such a transfer is approved by the Department.
(e) Public utilities and cable television companies shall be prohibited from spraying, cutting, or trimming of trees without an agreement or permit issued by the Department pursuant to N.J.A.C. 16:41. Emergency removal of trees or tree branches that have fallen on a utility facility or equipment resulting in a safety risk to the public shall follow provisions of 16:41-6.1(d).
(f) In accordance with N.J.A.C. 16:41, removal of trees or shrubbery acting as a buffer for the adjacent property is not permitted without the Department's approval. However, if removal of vegetation is necessary, replacement trees and shrubs shall be provided by the utility as required by the Department.
