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New York State Highway Utility Work Permit (3-NY-e)

Information current as of 2020
In New York, utility facilities occupy State highway rights-of-way as provided by law, or pursuant to the permission of the New York State Department of Transportation (NYSDOT). 17 CCR-NY § 131.2. Utility occupation whether by legislated right or by permission is subordinate and subject to the use of the rights-of-way by the NYSDOT for highway or other uses authorized by law. 17 CCR-NY § 131.2. A developer must obtain a State Highway Utility Work Permit before commencement of any utility work within a State highway right-of-way. N.Y. Comp. Code R & Regs. tit. 17 § 131.16 et seq.; New York State Department of Transportation – Highway Utility Work Permit Website . All individual elements of a utility facility which are to be constructed, removed, relocated, replaced, reconstructed, maintained, or adjusted, whether in conjunction with or independent of a transportation project, either within or via access from the highway right-of-way, require a State Highway Utility Work Permit. N.Y. Comp. Code R & Regs. tit. 17 § 131.16(a).



State Highway Utility Work Permit Process


3-NY-e.1 to 3-NY-e.2— Request Letter to Regional NYSDOT Office

A developer should submit a request letter to the appropriate Regional New York State Department of Transportation (NYSDOT) Office for approval of the proposed utility work project. The developer should also submit a sketch showing the exact location of the proposed project, and a description of the proposed work with the request letter. N.Y. Comp. Codes R. & Regs. tit. 17 § 126.6(a).

Upon receipt of the request letter, the Regional NYSDOT Office will mail the developer the necessary application for permit forms. N.Y. Comp. Codes R. & Regs. tit. 17 § 126.6(b).

3-NY-e.3 — Highway Work Permit Application for Utility Work (Form PERM 32)

A developer must submit three (3) complete copies of a New York State Department of Transportation – Highway Work Permit Application for Utility Work (Form PERM 32) (Application), work plans, all other supporting documents, and fees to the New York State Department of Transportation (NYSDOT).

The Application must contain, at minimum, the following:

  • Applicant’s (developer) name and contact information;
  • A description of the proposed work, including the estimated cost of the work performed;
  • Work plans, including location of the proposed project;
  • Certificate of Insurance or Undertaking Agreement;
  • State Environmental Quality Review approval information; and
  • All other supporting documents.

New York State Department of Transportation – Highway Work Permit Application for Utility Work (Form PERM 32).

A developer must submit the applicable fee with the Application, pursuant to N.Y. Comp. Codes R. & Regs. tit. 17 § 126.5.

3-NY-e.4 to 3-NY-e.5 — Review Application Materials for Completeness

The regional NYSDOT office will review Application for completeness.

3-NY-e.6 — State Highway Utility Work Permit

The regional NYSDOT office will type the permit and mail it to the developer upon receipt of all the required items. N.Y. Comp. Codes R. & Regs. tit. 17 § 126.6(d).

The developer must comply with all the terms and conditions specified in the State Highway Utility Work Permit. Note, prior to the issuance of the State Highway Utility Work Permit, the developer will be required to sign an agreement agreeing to pay for the payment of inspection and supervision charges for NYSDOT employees. N.Y. Comp. Codes R. & Regs. tit. 17 § 126.6(h).

3-NY-e.7 — Appeal Decision (If Applicable)

Any interested person may appeal State Highway Utility Work Permit decision by NYSDOT pursuant to N.Y. Civ. Serv. Laws §7801 et seq.

3-NY-e.8 — Notify Appropriate Entities Prior to Commencing Work

The developer must notify the following entities, prior to commencing work:

  • Commissioner of NYSDOT, through the NYSDOT regional office, one week prior to commencing work;
  • Utility companies with facilities in work areas, before starting work (in accordance with Industrial Code 53). Note, the developer must obtain permission from the utility company before commencing work affecting the utilities’ facilities; and
  • Area gas distributors, three (3) days prior to commencing work.

New York State Department of Transportation – Highway Work Permit Application for Utility Work (Form PERM 32).

3-NY-e.9 — Notify NYSDOT Regional Office

The developer must notify the appropriate NYSDOT regional office at the conclusion of the work and return the original copy of the State Highway Utility Work Permit to the Resident Engineer. New York State Department of Transportation – Highway Work Permit Application for Utility Work (Form PERM 32).


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