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.

1. 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.

2. 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.

3. C. Existing utility facilities along proposed interstate highways or freeways: Where a utility facility already exists within the proposed right-of-way of an Interstate Highway or Freeway and it can be serviced, maintained and operated without access from the through-traffic roadways or ramps, it may remain as long as it does not adversely affect the safety, design, construction, operation, maintenance or stability of the Interstate Highway or Freeway; otherwise it must be relocated.

4. D. Major valley crossings, grade separation structures: Where an Interstate Highway or Freeway crosses a major valley or river on an existing structure, any utility facility carried by said structure at the time the highway route is improved may continue to be so carried when a relocation of the facility would not be cost effective, and provided that the utility facility could be serviced without interference with road users. All such approvals must be first cleared by the Department's Bridge Engineer.

   (1) The expansion of a utility facility carried by an existing structure may be permitted provided the utility installed on the existing structure fulfills the methods of installation required by the Department's Bridge Engineer, and that any such installation can be serviced without interference with the road users.

   (2) A new utility facility will not be permitted to be installed on a structure at or after the time the highway route is improved, except for special cases as covered in Paragraph 15 [now 17.4.2.15 NMAC], supra.

5. E. Utility facilities crossing interstate highways: New utility facility installations or the relocations of existing facilities may be permitted to cross Interstate Highways or Freeways. To the extent feasible and practical, they should cross on a line generally normal (crossing at 90 degrees) to the highway alignment and preferably under the Interstate Highway or Freeways.
6. F. Utilities along roads or streets crossing freeways: Where a utility follows a crossroad or street which is carried over or under a Freeway, provision shall be made for the utility to cross the Freeway at the location of the crossroad or street in such a manner that the utility can be serviced without access from the through-traffic roadways or ramps. Generally, the utilities are to be located within the right-of-way of the crossroad or street (existing or relocated) and may cross over or under the Freeway or be carried on or through the highway grade separation structure, provided the installation and servicing thereof can be accomplished without access from the through-traffic roadways or ramps. Where distinct advantage and appreciable cost saving are effected by locating the utilities outside the right-of-way of the crossroad or street, they may be so located, with written approval of the Department, in which case they shall be located and treated in the same manner as utility lines crossing the Freeway at points removed from grade separation structures, as in Paragraphs 17.7 [now Subsection G of 17.4.2.17 NMAC] and 17.8 [now Subsection H of 17.4.2.17 NMAC].

7. G. Overhead utility crossings: Overhead utility lines crossing a Freeway at points removed from grade separation structure, or those crossings near a grade separation but not within the right-of-way of a crossroad or street, in general, shall be adjusted so that the supporting utility pole and structure are located outside the outer edges of the through-traffic roadway side slopes and preferable outside the access control lines. In any case, supporting poles shall not be placed within the appropriate clear zone as designated in the current AASHTO publication "Roadside Design Guide, 1989," and as may be updated from time to time.

   (1) Supporting poles may be placed in medians of sufficient width to provide for the previous mentioned clear zones from the edges of both roadways. If additional lanes are planned, the clear zone shall be determined from the ultimate edges of the roadway to be built. Where control of access and right-of-way lines are not one and the same, and where frontage roads are provided, supporting poles may be located in the areas between them. In extraordinary cases where such spanning of the roadway is not feasible, consideration may be given to conversion to underground facilities to cross the highways.

   (2) At interchange areas, in general, support for overhead utility facilities will be permitted only where all of the following conditions are met:

   (a) A clear zone is provided with respect to the freeway through-traffic lanes;

   (b) The appropriate clear zone from the edge of the ramp is provided as designated for the specific condition in the AASHTO publication, "Roadside Design Guide, 1989," which may be updated from time to time;

   (c) Essential sight distance is not impaired;

   (d) The conditions of Paragraph Section 17.12 [now Subsection L of 17.4.2.17 NMAC] "Access for Servicing Utilities" are satisfied; and

   (e) The vertical clearance to overhead utility lines crossing freeways shall be determined by the Department, but in no case shall they be less than the vertical clearances required by the current National Electrical Safety Code.

8. H. Buried utility crossings: Buried utilities shall be of durable materials and so installed as to virtually preclude any necessity for disturbing the roadways to perform maintenance or expansion operations. The design and type of materials shall conform to standards and installations outlined in Paragraphs 13 and 14 [now 17.4.2.13 NMAC and 17.4.2.14 NMAC] of this regulation, or to the appropriate governmental or industry codes, rules and specifications, whichever is more restrictive. Manholes and other points of access to underground utilities may be permitted within the right-of-way of a freeway if (1) they are located beyond the shoulder of the through-traffic roadways or ramps, and (2) can be serviced or maintained without access from the through-traffic roadways or ramps.
9. I. Irrigation ditches and water canals: Except for necessary crossings, irrigation ditches and water canals shall be excluded from the right-of-way of Freeways, except for special cases as covered in Paragraph 17.2 [now Subsection B of 17.4.2.17 NMAC]. Crossings may be made by underground siphon or through culverts or on bridges as appropriate to the size of the canal, topographic condition and highway safety aspects. In general, locations and structure are to be selected and designed in the same manner as are facilities for natural transverse drainage. All ingress and egress for servicing or patrolling such irrigation facilities shall be from outside the control of access lines. The procurement of necessary ingress and egress is the responsibility of the irrigation ditch and water canal owners. Ditch-walkers or ditch-riders shall not be permitted to indiscriminately cross the Freeway at grade. Under appropriate traffic control arrangements, special ditch cleaning equipment may be permitted to cross in those cases where considerable travel distance would otherwise be required to utilized grade separation structures.
10. J. Provisions for expansion of utilities: When existing utilities are relocated in conjunction with the construction of a Freeway, provision shall be made for known and planned expansion of the utility facilities, particularly those underground. They shall be planned to avoid interference with traffic at some future date when additional or new overhead or underground lines are installed.

11. K. Utilities in vehicular tunnels: As a general rule, utilities shall not be permitted to occupy vehicular tunnels on freeways at new locations, except in special cases as covered in Paragraph 17.2 [now Subsection B of 17.4.2.17 NMAC].

    (1) Utilities which transmit a hazardous commodity shall not be allowed in a vehicular tunnel under any circumstances.

    (2) When a utility is located in an existing vehicular tunnel that is converted to a freeway, relocation of the utility may not be required, at the Department's discretion. Utilities not occupying an existing vehicular tunnel that is incorporated into a freeway shall not be permitted therein, except in special cases as covered in Paragraph 17.2 [now Subsection B of 17.4.2.17 NMAC].

12. L. Access for servicing utilities: Access for servicing a utility along or across a freeway shall be limited to access via frontage roads where provided; nearby or adjacent public roads or streets; or trails near the highway right-of-way lines, connecting only to an intersecting road, from any one of which entry may be made to the outer portion of the freeway right-of-way.

    (1) In those special cases where utility supports, manholes or other appurtenances are located in medians or interchange areas, access to them from through-traffic roadways or ramps may be permitted, but only by utility accommodation permits issued by the Department to the utility owner setting forth the conditions for policing and other controls to protect the traveling public.

    (2) Utilities requiring maintenance from within the Freeway right-of-way must obtain an approved utility accommodation permit from the Department before accessing the utility from within the Freeway.

    (3) Advance arrangements, when practicable, shall be made between the utility and the Department for emergency repair and maintenance work within the rights-of-way of Freeways.

13. M. Construction and location details: The Department shall review and approve the location and the design of all utility installations and relocations affecting highways under the jurisdiction of this Department and issue New Mexico Public Highway Utility Accommodation Permits for any contemplated work on these highways.

14. N. Manner of making utility installations and relocation: In general, utility installations and relocations are to be made with consideration for highway and utility costs; maximum safety to the traveling public; the least possible interference with the highway facility and its operation; not increasing the difficulty or cost of highway maintenance to the Department; and all installations and/or relocations must have prior review, appropriate approvals and the associated documentation required by Departmental Authority.

    [3/10/71, 6/15/96, 11/15/96; Recompiled 12/31/01]