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New Jersey State Highway Right-of-Way Overview (3-NJ-c)

Information current as of 2018
In New Jersey, a developer must obtain a Highway Occupancy Permit from the New Jersey Department of Transportation (NJDOT) to construct transmission facility “over, under, or within any portion of a state highway right-of-way.” N.J. Admin. Code 16:41-1.1. NJDOT has several Highway Occupancy Permits corresponding to the predominant activity associated with the proposed project. N.J. Admin. Code 16:41-5.1(a). The developer should answer the threshold questions below to help identify which Highway Occupancy Permit would be required for the proposed project. The NJDOT regulates state highway right-of-way encroachments pursuant to N.J. Stat. Ann. § 27:1A-1; N.J. Admin. Code 16:41-1.1.


State Highway Right-of-Way Overview Process

3-NJ-c.1 – Review Applicable Construction Standards

The developer should review New Jersey’s design standards before constructing a facility within a state highway right-of-way to ensure compliance. A developer should review the following state-specific design standards:

3-NJ-c.2 – Identify Predominant Activity of the Proposed Project

The developer should identify the predominant activity of the proposed project to determine which NJDOT approvals are required. NJDOT has several Highway Occupancy Permits (Permits) corresponding to the predominant activity associated with the proposed project. N.J. Admin. Code 16:41-5.1(a). For a complete list of forms that could be associated with constructing facilities within a state highway right-of-way see the New Jersey Department of Transportation Engineering Forms Webpage.

In determining the correct Highway Occupancy Permit Application (Permit Application) to complete and submit, the developer should assess the predominant activity associated with the proposed project, and include any additional activities in the form. N.J. Admin. Code 16:41-5.1(a). A developer will most likely need to submit a Application for Utility Opening and/or an Application for Erection of Pole.

3-NJ-c.3 to 3-NJ-c.4 – Does the Project Require an Application for Utility Opening?

If a predominant activity of a proposed project involves trenchless or open excavations for the purpose of constructing, maintaining, or installing subsurface utilities including fiber optic lines, electric conduits, or service connections, then the developer may need to submit an Application for Utility Opening to the NJDOT prior to initiating construction N.J. Admin. Code 16:41-5.2(a). For more information on the Application for Utility Opening process, see:

State Highway Utility Opening Permit:
3-NJ-d

3-NJ-c.5 to 3-NJ-c.7 – Does the Project Require an Application for Erection of Pole?

If a predominant activity of a proposed project involves the erection of a utility pole, the developer may need to obtain an Erection of Pole Permit. Pole Erection Permits are for “the erection, relocation, or replacement of poles, appurtenances, or other pole attachments located within any portion of State highway rights-of-way.” If the proposed project may require an Erection of Pole Permit, the developer may need to submit an Application for Erection of Pole to the NJDOT prior to initiating construction. N.J. Admin. Code 16:41-5.2(a). For more information on the Application for Erection of Pole process, see:

State Highway Erection of Pole Permit:
3-NJ-e


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