New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 41 - HIGHWAY OCCUPANCY PERMITS
Subchapter 6 - PERMIT ISSUANCE AND CONDITIONS
Section 16:41-6.1 - Permit issuance process
Current through Register Vol. 56, No. 18, September 16, 2024
(a) If the application is approved, the Operations Permit Office shall issue proposed permits authorizing activity on State highway right-of-way or property under the jurisdiction of the Department. The approval of an application does not give the permittee the right to construct, maintain, repair, and use the specified features within State highway rights-of-way or property under the jurisdiction of the Department. When the permit is fully executed by both the Department and the applicant, the permittee has the right to construct, maintain, repair, and use the specified features within State highway right-of-way or property under the jurisdiction of the Department under the terms and conditions of the permit, except that a utility opening permit does not authorize repair.
(b) Only the permanent owner and operator of a utility facility shall be eligible to receive a utility permit from the Department. The Department shall not issue utility permits to the party, company, or contractor performing the installation or construction work, and shall not issue utility permits to the temporary agent or engineer handling preparation of the permit application for the permanent owner.
(c) The proposed permit shall be signed by the entity listed in the following table. The signature shall indicate the signatory's acceptance of the terms and conditions of the proposed permit:
| Type of permit application | Proposed permit signed by: |
| Utility Openings | Utility (For longitudinal underground fiber optic installations, the utility shall sign the proposed permit) |
| Poles | Utility |
| Curb, Sidewalk, or Handicapped Ramp | Abutting owner or local authority |
| Drainage Facilities | Property owner or local authority |
| Landscaping, Tree Trimming, Vegetation Control, or Unclassified Landscaping | Applicant |
| Bridge Attachments | Utility |
| Pedestrian Overpass or Underpass | Abutting owner or local authority |
| Grading | Abutting owner or local authority |
| Guiderail | Abutting owner or local authority |
| Test Holes or Borings | Applicant |
| Monitoring Wells | Applicant |
| Crosswalks | Local authority |
| Bus Shelters or Benches | Registered motor carrier or local authority |
| Banners, Decorations, or Temporary Announcements or Guide Signs | Applicant |
| Parades or Gatherings | Applicant |
| Temporary Use | Applicant |
| Detours off State Highways or Vice Versa | Local authority |
| Lane or Shoulder Closings on State Highways | Applicant or utility |
| Automatic Traffic Counting Procedures | Applicant |
| Wireless Communications Site Survey | Carrier |
| Railroad Grade Crossings | Railroad or its designated contractor |
| Miscellaneous | Applicant |
| Vegetation Canopy Management Site Investigation | Outdoor advertising permit holder |
| Vegetation Canopy Management Plan | Outdoor advertising permit holder |
(d) If the signatory is signing other than in an individual capacity, the applicant shall submit with the signed proposed permit an appropriate resolution authorizing the individual to sign on behalf of the permittee.
(e) If the applicant does not return the signed proposed permit and the permit fee to the Operation Permit Office within 30 days of the Department's transmittal to the applicant, the Department shall consider the application to have been withdrawn.
(f) If the applicant returns the permit fee and the proposed permit signed by the applicable signatory as indicated in the table in (c) above to the Operations Permit Office within 30 days of the Department's transmittal, then the Department shall execute the permit within 10 days of its receipt by the Department.
