On June 12, the NJ Department of Transportation (DOT) adopted new rules concerning capital program management with respect to utilities.
The rules provide that all utility facilities approved via highway occupancy permits or by utility agreements are subject to the new regulations. Utilities include, but are not limited to, electric, telephone, sewer, water, gas facilities, cable, voice, data, video, and graphic services.
The DOT will facilitate necessary agreements with local public agencies to regulate the use and occupancy of those roadways that qualify under the Federal Highway Aid Program (i.e. State roadways). Additionally, DOT will assist local officials in establishing utility policies appropriate for the roadway involved.
In addition, DOT will establish the following policies:
- Identify a broadband utility coordinator
- Create a website for registration for broadband entities
- Send annual notifications to entities regarding the Statewide Transportation Improvement Program
- Create a coordinated effort among other Statewide broadband entities and state and local planning agencies including suggestions on minimizing excavations for infrastructure installations in the right-of-way
With respect to construction, the restoration of pavement must meet the DOT standard details for Utility Trench Construction. All underground electric and communications lines must meet the required location and alignment and must be separated as required by the appropriate industry codes. Lastly, uncased trenchless utility crossing alternatives shall be considered based upon the roadway and pavement type.
The new rules became effective July 21, 2025.
Contact: Erin Knoedler, Legislative Analyst, eknoedler@njlm.org, 609-695-3481, x116.