§ 9-2103 — Highway right of way public utility improvements

§ 9-2103. Highway right of way public utility improvements.\n 1. Definitions. For purposes of this section:\n a."county highway" shall have the same meaning as defined in\nsubdivision four of section three of the highway law.\n b. "eligible project" shall mean burial or co-location of a public\nutility line or construction and maintenance of bicycle paths by a\nproject sponsor within the width of a highway of a town highway, county\nhighway or state highway that traverses state forest preserve land.\n c. "project sponsor" shall mean a village, town, a county, located in\nthe counties of Clinton, Delaware, Essex, Franklin, Fulton, Greene,\nHamilton, Herkimer, Lewis, Oneida, Saratoga, Saint Lawrence, Sullivan,\nUlster, Warren and Washington or, for:\n (i) bicycle paths, the department of transportation,\n (ii) for water lines, a public water supplier; or\n (iii) for electric, telephone or broadband lines, a public utility\ncompany.\n d. "public utility company" shall have the same meaning as such term\nis defined in section two of the public service law; provided, however,\nthat for broadband projects a person subject to article eleven of the\npublic service law shall be included.\n e. "public utility line" shall mean only electric, telephone,\nbroadband, water or sewer lines, including any necessary conduit used to\nprotect such lines. Public utility line shall not include the\nconstruction of any new intrastate natural gas or oil pipelines that\nhave not received all necessary state and local permits and\nauthorizations as of June first, two thousand sixteen.\n f. "public water supplier" shall mean a county or town water\nimprovement district, village, New York city, public benefit corporation\nor public authority established pursuant to state law and empowered to\nconstruct and operate a municipal water management facility, as defined\nin section twelve hundred eighty-one of the public authorities law.\n g. "state highway" shall mean a state highway as defined in\nsubdivisions one, two and three of section three of the highway law.\n h. "state lands" shall mean lands owned by the state in forest\npreserve counties that are under the jurisdiction of the department.\n i. "town highway" shall mean a town highway, as defined in subdivision\nfive of section three of the highway law, in existence as of January\nfirst, two thousand fifteen, listed on the local highway inventory\nmaintained by the department of transportation, and annually plowed and\nregularly maintained.\n j. "water supply projects" shall mean drinking water wells.\n k. "width of the highway" shall mean three rods or the deeded,\nrecorded municipal or state right of way or easement in existence as of\nJanuary first, two thousand fifteen.\n 2. Pursuant to approval by the department and the department of\ntransportation and following a public hearing on each eligible project\nat which the public shall be given an opportunity to be heard, a public\nutility line may be co-located within or buried beneath the width of the\nhighway of any state highway, county highway, or town highway.\n 3. A project sponsor for an eligible project within the width of the\nhighway shall submit an application for a permit to the department that\nat minimum shall include:\n a. a resolution from the governing body of the project sponsor, or in\nthe case of a public utility seeking to utilize the width of highway of\na town highway, the governing body of the town, or the width of highway\nof a county, the county governing board, that includes:\n (i) approval of the project;\n (ii) attestation that such width of highway lands will only be used\nfor eligible purposes;\n (iii) attestation that the project will minimize the removal of trees\nand vegetation and restore the area to pre-project condition to the\nmaximum extent practicable.\n b. specific metes and bounds, including total proposed acreage of the\nwidth of highway land sought;\n c. a narrative about the project, including a justification;\n d. any necessary permits and authorizations; and,\n e. an accurate survey.\n 4. Immediately upon determining that an application is complete, the\ndepartment shall cause a notice of application, which shall also include\nthe time period for public comments, to be published in the next\navailable state register and environmental notice bulletin as well as in\na newspaper having general circulation in the area in which the eligible\nproject is proposed to be located. Newspaper publications shall be\nprovided by the project sponsor.\n 5. The department shall hold a public hearing on each eligible project\nat which the public shall be given an opportunity to be heard.\n 6. The department, following consultation with the department of\ntransportation to determine that any required authorization has been\nprovided, shall only approve an application for an eligible project\npermit following a determination that:\n a. the eligible project meets the eligible project criteria;\n b. the eligible project minimizes adverse environmental impact to the\nmaximum extent practicable; and\n c. the eligible project will not adversely impact lands with\nenvironmental, ecological or recreational value, as determined by the\ndepartment based on a resource inventory and assessment.\n 7. After a hearing and opportunity to be heard, if the commissioner\ndetermines that a project sponsor is utilizing land for a purpose other\nthan as authorized by the department, the commissioner may require\nremoval of any improvements to the land and restoration of the land to a\nnatural, vegetative state.\n 8. The department is authorized to promulgate such rules and\nregulations as may be necessary to implement and administer the\nprovisions of this article.\n