Utilization of NSTAR Electric Transmission Rights of Way Policy

NSTAR Electric has the responsibility for maintaining hundreds of miles of Transmission Rights of Way; free from hazards and interfering encroachments; in order to ensure safe and reliable electric service to every consumer. Accordingly, we exercise our rights acquired by easements over private properties, allowing us to control and restrict certain uses of Rights of Way.

We will review a properly submitted proposal and consider conditional approval if the request, in the Company's sole opinion, does not interfere with our operating needs or compromise public safety, and is environmentally sound. Your submittal shall include a letter of request and an engineered plot plan drawn to scale and stamped by a registered land surveyor. The plan will show all pertinent dimensions referenced to the Right of Way bounds and numbered structures within. When a proposed utilization requires a permit or license, to be granted by others than NSTAR Electric, a copy shall be included in the submittal package. Submit your request to:

NSTAR Electric
Attn: Right of Way, Mail Stop SE310
One NSTAR Way
Westwood MA 02090

You may also call our Right of Way Group at 781-441-8206 with any questions.

  1. General restrictions and conditions applicable to Right of Way use are:
    1. Structures, above and below ground, including, but not limited to, dwellings, decks, barns, storage buildings, foundations, swimming pools, towers, light standards, flag poles, and storage tanks are not permitted in NSTAR Electric Rights of Way.
    2. Flammable and explosive materials are not allowed within the Right of Way limits, regardless of the type of vessel used for containment.
    3. Mobile homes and recreational type trailers are not allowed in Rights of Way.
    4. Fences may be approved subject to the following conditions:
      1. They shall not exceed 6 feet in height.
      2. They shall not be attached or closer than 20 feet to electric line poles or towers.
      3. All metal fences must be grounded. Grounding shall be in accordance with all applicable rules and requirements contained in Section 9 of the National Electrical Safety Code (1987 edition).
      4. Fences crossing a right of way must be installed with a 14-foot opening to allow travel along our access road.
      5. If a gate replaces the 14-foot opening and will be locked, the locking provision must include a chain in which our lock replaces one of the links.
    5. Vehicle parking may be approved subject to the following conditions:
      1. Parking is restricted to no closer than 20 feet from any pole or tower.
      2. Barriers may be required to protect poles and towers.
      3. No signs or lighting facilities will be installed within the Right of Way.
      4. Safe clearance from electric lines must be maintained. (See 6c. below)
      5. Access roads to the parking area must be at right angles to the Right of Way and shall not pass within 20 feet of any pole or tower.
      6. Permission will not be given for areas that the Company considers to be environmentally sensitive to fuel and lubricant spills.
      7. Paving of parking areas is subject to review and approval by the Company's appropriate District Manager of Electric Operations.
    6. Grading, filling or gravel excavation is generally not permitted. Approval may be given subject to the following conditions:
      1. A plan must be submitted for review that describes in detail the intended activity. The existing and final profile of the right of way must be included on the plan(s).
      2. The intended activity cannot impede our established travel routes or our access to lines and structures.
      3. Any modifications to NSTAR Electric lines and structures that may be necessitated by unsafe clearances between the overhead lines and the finished grade - resulting from grade changes- will be paid for by the party encroaching or requesting utilization of the easement Right of Way. NSTAR Electric is responsible for determining what the minimum clearance will be, in accordance with the following governing bodies:
        • Massachusetts Department Of Public Utilities
        • Massachusetts Electrical Safety Code
        • National Electrical Safety Code
      4. Grade changes are prohibited within 100 feet of wetlands.
      5. Grading is prohibited within 30 feet from any pole, tower leg or guy wire.
      6. Grading shall not result in slopes exceeding 3:1 on the Right of Way.
      7. NSTAR Electric and Dig Safe must be appropriately notified prior to the commencement of any activity that disturbs the existing grades in Rights of Way.
    7. Roads, streets, walkways and driveways may be approved subject to the following conditions:
      1. They shall not parallel the centerline on the Right of Way. They may cross the Right of Way but only at nearly right angles to the centerline.
      2. The conditions previously mentioned in reference to grading and excavating in Part 6 above are applicable here.
      3. Ramps for crossing purposes shall be installed where roads will cross the existing Right of Way.
      4. Paving is subject to review and approval by the appropriate District Manager of Electric Operations.
    8. Buried counterpoise wires associated with the electric line(s) must remain continuous. We recommend that you call us to advise regarding the route of this wire, prior to disturbing the earth for any reason. If a wire is inadvertently exposed, severed or otherwise damaged we must be notified. You will provide trenching if required and we will repair and reconnect the counterpoise wire.
    9. The utilization of Rights of Way for subsurface items such as septic systems, drainage systems or utilities conduits require specific approval. Approval may be given subject to the following conditions:
      1. A plan, prepared and stamped by a professional engineer, must be submitted for review that describes the proposal in detail. The location and route of all system appurtenances must be dimensioned on the plan and referenced to our numbered structures and the Right of Way bounds.
      2. Wells are not permitted in Rights of Way.
      3. Any subsurface system appurtenance shall be constructed to H2O wheel loading standard.
      4. Burial ribbons must be installed within six inches of finished grade for all buried piping and conduit.
      5. Drainage systems that have the potential to allow water to pond or cause erosion on the Right of Way will not be approved.
      6. Underground utilities conduit and piping may be allowed to run parallel to the center line if buried within the first 10 feet from the Right of Way edge.
      7. Underground installations in a Right of Way will not be permitted when deemed, in our sole opinion, to be hazardous to our facilities or to have the potential to interfere with our maintenance and construction operations.
      8. The practice of burying tree stumps in Rights of Way is a hazard, a violation of the law, an interference and is not permitted.
    10. Safety, not only for our workers but also for the public, is of paramount concern to NSTAR Electric.
      1. Any approval given for the utilization of Rights of Way is with the understanding that any unsafe activity or condition observed that is associated with such utilization will be cause for us to order immediate correction to our satisfaction. Failure to adhere to the basic standards of safety will lead to the revocation of any permission granted.
      2. Construction equipment operators must remain constantly aware of the hazards associated with working under or near high voltage electric lines.
      3. Excavating within 30 feet of any pole, tower or guy wire is dangerous and prohibited.
      4. Stockpiling of loam, gravel, stumps, rubble, snow etc. under or close to the electric lines and structures is prohibited.
    11. Vegetation growth in Rights of Way is restricted and controlled by NSTAR Electric. Periodic maintenance is performed to remove uncontrolled brush and trees in the Rights of Way that have the potential to interfere with or damage the lines. The following vegetation restrictions apply on Rights of Way:
      1. Trees may be allowed but are restricted to low growing species and must be maintained to less than 8 feet in height.
      2. Gardens, lawns and crop fields that do not impede our access in the right of way are permitted. Fruit trees, berry bushes, ornamental shrubs and the like are allowed for cultivation. However, their existence should be brought to our attention because they are not always easily identifiable to our maintenance contractors and may be mistaken for uncontrolled trees and brush.

The preceding restrictions are based upon safety and the Company's immediate and future operating needs. These restrictions should answer the most often asked questions but are not intended to cover every possible situation. Any request for use of our Rights of Way not specifically mentioned here will be processed on an individual basis with these considerations in mind.

Any approval by NSTAR Electric is given with the understanding that our easement rights are in no way diminished nor does the Company assume any liability. The Company shall be saved harmless from all claims for injury or property damage arising there from, unless caused by the sole negligence of the Company.

Furthermore, it is specifically understood that, in the event that the Company, in its sole opinion, feels that a violation of any of the conditions set forth herein has occurred or due to the activity in its Rights of Way, an unsafe or unauthorized activity is taking place, the Company shall have the right without notice to the landowner to take any and all action, at the landowner's expense, as is deemed necessary by the Company.

 

Home |  Residential | Business | About NSTAR | Careers | News | Investor Relations

Copyright 2007, NSTAR, All rights reserved. Legal Statements    Site Map