N.Y. Comp. Codes R. & Regs. tit. 16, § 604.9 – Special conditions.

(a) This section governs the new construction of distribution and feeder facilities performed pursuant to this Part.
(b) In unusual circumstances when the application of this Part appears impracticable or unjust to either party or discriminatory to other customers, the utility providing service or the applicant may file a petition, in accordance with the requirements of section 3.5 of this Title, for a special ruling or for the approval of special conditions which may be mutually agreed upon before construction is commenced, which petition shall set forth relevant economic, engineering, and environmental factors.
(c) If the utility or the applicant believes that the new construction of underground distribution or feeder facilities within a residential subdivision would be less environmentally desirable than the new construction of overhead facilities, the utility or applicant may request that the secretary of the commission grant an exception. The request shall be sent to the secretary in accordance with the requirements of section 3.5 of this Title. The request shall:
1. (1) as between overhead and underground construction, compare the probable environmental effects associated with the subdivision and any economic, engineering, or other factors considered pertinent to the case;
2. (2) for those instances where visual values would be diminished by underground construction, indicate factors bearing on probable retention of significant flora (including the utility's practice with respect to trimming trees in a vicinity of the overhead facilities);
3. (3) be mailed to the Adirondack Park Agency whenever the request will involve construction within the Adirondack Park; and
4. (4) be reviewed by staff. The secretary shall notify the utility within 60 days of receipt of the request either that the request is granted or that it objects to the request. If staff objects, the request shall be referred to the commission for further review. Requests and petitions shall be granted or denied based on environmental, economic and engineering factors.
(d) Service to a residential subdivision may be supplied overhead if no governmental authority having jurisdiction to do so has required underground installation and the utility can provide such service:
1. (1) by extending its facilities no more than 600 feet in a cul-de-sac where a portion of the street within the subdivision is served by overhead facilities within or at the entrance of the cul-de-sac;
2. (2) by connecting an area between existing overhead facilities for a distance of 1,200 feet or less;¹⁶
3. (3) by installing drop wires to new individual applicants for service from existing overhead facilities; or
4. (4) where a utility constructs overhead facilities because of paragraph (1) or (2) of this subdivision, it shall report such overhead construction to the commission quarterly, along with a description of the project; and
(e) Where a one-pole extension (whether or not it crosses a road) would enable an existing overhead distribution facility to be connected to a proposed distribution facility in a residential subdivision, such extension may be installed overhead rather than underground; provided.