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Regulatory and Permitting Information Desktop Toolkit

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

In New York, a developer must obtain a State Highway Non-Utility Work Permit for non-utility work within a State highway right-of-way, including permanent and temporary access to a State highway. 17 CCR-NY § 125.2(g), Permits; N.Y. Highway L. § 52.


State Highway Non-Utility Work Permit Process

3-NY-d.1 to 3-NY-d.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. 17 CCR-NY § 126.6(a), Instructions to Obtain a Highway Work Permit.

Upon receipt of the request letter, the Regional NYSDOT Office will mail the developer the necessary application for permit forms. 17 CCR-NY § 126.6(b), Instructions to Obtain a Highway Work Permit.

3-NY-d.3 — Highway Work Permit Application for Non-Utility Work (Form PERM 33)

A developer must submit three (3) complete copies of a Highway Work Permit Application for Non-Utility Work (Form PERM 33) (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.

Highway Work Permit Application for Non-Utility Work (Form PERM 33).

A developer must submit the applicable fee with the Application, pursuant to 17 CCR-NY § 126.5, Fee Schedule for Highway Work Permits.

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

The regional NYSDOT office will review Application for completeness.

3-NY-d.6 — State Highway Non-Utility Work Permit

The regional NYSDOT office will type the permit and mail it to the developer upon receipt of all the required application materials. 17 CCR-NY § 126.6(d), Instructions to Obtain Highway Work Permits.

The developer must comply with all the terms and conditions specified in the State Highway Non-Utility Work Permit. 17 CCR-NY § 125.2(g), Permits. Note, prior to the issuance of the State Highway Non-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. 17 CCR-NY § 126.6(h), Instructions to Obtain Highway Work Permits.

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

Any interested person may appeal State Highway Non-Utility Work Permit decision by NYSDOT pursuant to N.Y. Civ. Pract. L. and Rules §7801 et seq.

3-NY-d.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 utility company before commencing work affecting the utilities’ facilities; and
  • Area gas distributors, three (3) days prior to commencing work.

Highway Work Permit Application for Non-Utility Work (Form PERM 33).

3-NY-d.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. Highway Work Permit Application for Non-Utility Work (Form PERM 33).




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