This list of Right of Way Use Guidelines addresses the most common requests received by El Paso Electric Company (EPE). It does not address all restrictions and possible situations. This list is intended to protect EPE’s ability to operate and maintain its facilities without interference consistent with its right of way rights; to reduce the risk of damage to EPE facilities, to allow unencumbered access to EPE right of way, and to protect the safety of the public and utility line workers. This list is subject to change at any time and without notice. All proposed activities within the EPE transmission right of way shall be reviewed by the Transmission, Distribution, and Right of Way Departments and approved in writing prior to any activities within the right of way. Request may not violate NESC, OSHA and EPE clearances as determined by EPE, pose a safety concern, inhibit access or otherwise affect EPE's use of the right of way. EPE will not be held liable for damages if access is needed for right of way. Submit all inquiries to LandManagement@epelectric.com
Failure to obtain prior approval for any encroachment may result in the removal of the encroachment at the applicant’s expense.
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Voltages lower than 345 kV |
345 kV |
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Burning - Yardwaste, Bon Fires, etc. |
• Not Permitted |
• Not Permitted |
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Debris/Waste - Including Piles, Landfills, Refuse and Garbage etc. |
• Not Permitted |
• Not Permitted |
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Decks and Patios - At Grade |
• Vertical elements (platforms) may not exceed 3 feet above grade and may not extend more than 30 feet into the right of way (maintenance). • No roofs or permanent awnings permitted. |
• Not Permitted |
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Driveways |
• Must not be located closer than 25 feet to EPE facilities. • Design for HS 25 loading. • Designed to cross as close to perpendicular to the right of way as practical. |
• Restricted - Needs engineering review |
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Fences and Gates |
• Shall not exceed 10 feet in height. • All metallic parts must be grounded to industry(NESC) standards to eliminate static buildup. • Shall not impede access to EPE’s facilities. • Shall have 14-foot wide gated opening or removable sections as required to maintain access to EPE’s facilities. • No parallel fences shall be constructed withinthe right of way corridor. |
• Restricted - Needs Engineering Review |
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Irrigation Systems - Agricultural |
• No irrigation heads within the right of way. • All irrigation piping crossing the right of way shall be designed to withstand HS 25 loading and be located at least 25 feet from any EPE facility. • All facilities shall be visibly marked where they enter and leave the right of way. • No irrigation spray or drip will be permitted within the wire zone (the wire zone is the area directly under the conductors plus 10 feet). • All pumping locations will have emergency shut off valves or switches for use by EPE personnel and theircontractors. Emergency shut off valve or switch shall be clearly marked in the field. • No irrigated water will directly or indirectly spray any structure, overhead conductors, guy wires, access road or any other EPE facilities. • Irrigation shall not cause erosion or ponding of water within the right of way. |
• Not Permitted |
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Irrigation Systems - Landscape |
• No irrigation heads within the right of way. • All irrigation piping crossing the right of way shall be designed to withstand HS 25 loading and be located at least 25 feetfrom right of way. • All facilities shall be visibly marked where they enter and leave the right of way. • No irrigation spray or drip will be permitted • Shall not restrict access to EPE facilities. |
• Restricted - Needs Engineering Review |
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Lighting |
• Lighting structures shall be adequately grounded per NESC code. • Lighting structure shall not exceed 15 feet in height and must be 25 feet horizontally away from the outer most conductor |
• Restricted - Needs Engineering Review |
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Logging (Transmission) |
• Trucks/semi-trucks/heavy equipment must remain a minimum of 25 feet fromall EPE facilities, including but not limited to poles, towers, guy wires, conductors. |
• Not Permitted |
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Mining and Quarrying |
Not Permitted |
• Not Permitted |
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Parking - Cars, Vans and SUVs |
• Paved parking areas/lots shall be designed for HS 25 loading. • Parking within 25 feet of EPE facilities shall have EPE approved bollards or protective barriers. • Parking shall not restrict access to EPE's facilities. • Curb cuts required every 14 feet. |
• Restricted - Needs Engineering Review |
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Parking - Large Vehicles including Tractor Trailers, Commercial Vehicles, Trailered Boats, Buses and RVs, etc. |
• Not Permitted |
• Not Permitted |
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Paths - Biking and Walking (Transmission) *See EPE Trail Guidelines? |
• Must not prevent access to EPE facilities. • Paved paths shall be designed to withstand HS 25 loading. • No path shall be constructed within 25 feet of any EPE facility. |
• Restricted - Needs Engineering Review |
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Permanent Buildings -Occupied or Unoccupied, Manufactured/Mobile Homes, Pole Barns and Sheds on Foundations |
• Not Permitted |
• Not Permitted |
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Playground Equipment - Jungle Gyms, Sliding Boards, Swing Sets, Trampolines, etc. |
• Equipment must be 25 feet horizontally away from the outermost conductors. • Shall not exceed 10 feet in height. • All metallic parts shall be adequately grounded to NESC industry standards to eliminate static buildup. • All equipment must meet or exceed NESC,OSHA and EPE clearances determined by EPE. • Prohibited in 69 kV and greater right of way corridors. • All equipment must be moveable. |
• Not Permitted |
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Ponds, Lakesand Wetlands - Man Made |
• Not Permitted |
• Not Permitted |
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Railroads |
• Shall not impede access to EPE facilities. • Appropriate remedial actions are required for open wire systems. Railroad shall be responsible for all studies and remediation costs. • EPE shall not be responsible for anyelectrical or communication interferences due to EPE facilities. • EPE shall not be responsible for any fees associated with crossing of or performing work near any railroads within EPE rights ofway. |
• Restricted - Needs Engineering Review |
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Sheds/Buildings/Storage facilities - Without Foundations |
• Shall not exceed 10 feet in height. • Shall not restrict access to EPE facilities. • May not be more than 18 feet into the right of way. • Must not be on a foundation. • Must be secured (anchored) and grounded per NESC Standards. |
• Not Permitted |
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Signs - (owned and maintained by applicant) - including utility markers, commercial billboards and monument signs |
• Shall be adequately grounded to NESC industry standards. • Shall not restrict access to EPE facilities. • Shall not be more than 10 feet into the right of way and no less than 20 feet from the outer conductor. (Transmission) |
• Restricted - Needs Engineering Review |
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Solar Cells and Panels |
• Not Permitted |
• Not Permitted |
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Stockpiling of Material -Temporary or Permanent |
• Not Permitted |
• Not Permitted |
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Storm Water - Retention Ponds, Detention Ponds, Wet Ponds, etc. |
• Standing water in the right of way is not permitted. • High water mark of any basin may not be more than 10 feet into the right of way and must be a minimum of 40 feet from any EPE facility. • Creation of wetlands or channels to convey stormwater is not permitted in the right of way. • Any portion of basins within EPE right of way must fully drain within 72 hours. • Must not create any erosion. • Grading shall not be modified around right of way without written approval from EPE. |
• Not Permitted |
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Streets and Roads (with improvement) |
• Must not be located closer than 30 feet to EPE facilities. (Transmission) • Designed to cross as close to perpendicular to the right of way as practical. • Curb cuts/rolled curbs shall be installed where needed to maintain access to EPE facilities. • No Intersections or roundabouts are allowed within Rights of Way. • No parallel roads (roads running substantially parallel with electric lines) are allowed in Rights of Way. Parallel streets and roads outside the wire zone will be evaluated by EPE on a case by case basis and are subject to EPE's requirements and prior approval; • All roads shall cross Rights of Way in such amanner that the angle between the center line ofthe road and the center line of the Right of Way isno less than forty-five (45) degrees and as closeto ninety (90) degrees as possible; EPE shall be consultedand agreements along with any requirements or obligations shall be documented in advance of work. • Any proposed grade changes in EPE Rights of Way must be reviewed and approved by EPE. • The Company’s consent for a road or parking lot Encroachment in no way implies that the Company will grant any future request for quit claim of the Company’s Rights of Way occupied by the approved road or parking lot, or other agreed use of the Company's Rights of Way. |
• Restricted - Needs Engineering Review |
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Swimming Pools - Including Associated Facilities and Structures |
• Not Permitted |
• Not Permitted |
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Subdivision Development |
• Restricted - Needs Engineering Review |
• Restricted - Needs Engineering Review |
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Industrial Construction |
• Restricted - Needs Engineering Review |
• Restricted - Needs Engineering Review |
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Utilities - Water, Sewer, Gas, Electric, Communications, Oil, Steam, etc. |
• Relocation of applicant’s facilities or relocation of EPE’s facilities for the convenience of the applicant will be at the applicant’s expense. • Designed to cross as close to perpendicular to the Right of Way as practical. • Required studies must be performed for cathodic protection. Applicant required to pay for study/mitigate impacts and any applicable costs to EPE facilities. • Need to provide methods of excavation with request. • Any temporary excavation will require backfilland compacted at a minimum to meet previous conditions. |
• Restricted - Needs Engineering Review |
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Vegetation - Private Gardens and Landscaping |
• Native grasses, ferns and herbaceous plants are allowed in the right of way. • Approved species of small trees, large shrubs and small shrubs are allowed within the Right of Way. • All proposed vegetation must be reviewed and approved by EPE Encroachment Committee. • 7’ limit on mature vegetation. • No trees in the right of way. |
• Not Permitted |
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Vehicles/Equipment - Disabled or Abandoned including Junk and Salvage Yards |
• Not Permitted |
• Not Permitted |
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Wells |
• Not Permitted |
• Not Permitted |
