Electricity

Promoting Transmission in Existing Rights-of-Way

The United States needs a rapid expansion of electrical transmission in order to bring renewable energy onto the grid. However, transmission lines can take more than a decade to site, permit, finance, and build, and they risk faltering in the face of opposition from landowners who can challenge projects crossing their property lines. Utilizing existing rights-of-way (ROWs), which are easements that grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property, can provide a simple solution to this challenge. Siting transmission projects in highway ROWs is most common.

State Departments of Transportation (DOTs) are typically responsible for issuing permissions to construct transmission lines alongside both intra- and interstate highways. Most states allow these projects to occur, and have some process available for utilities to solicit permission to co-locate transmission lines alongside highways. However, DOTs are often granted wide discretion to approve these projects, or are instructed to only approve them when necessary. Among states that allow some measure of co-located transmission, there is a wide range of policy on when and to what extent they will actually be approved.

This policy identifies where states have taken direct action to specifically promote the colocation of transmission alongside utility corridors and highway rights-of-way. These actions include identifying and establishing priority corridors, directing DOTs and Public Utility Commissions (PUCs) to prioritize applications for such colocated projects, directing utilities to study or advance these projects, and providing other permitting incentives.

States with Policy Enacted

In Progress

Partially Enacted

See States List

Key Resources

Electric Transmission in Transportation Rights-of-Way: Gaps Analysis

A presentation examining the relationship between transmission and transportation planning, relevant to the development of transmission infrastructure within transportation ROWs, along with data appendices that include a database of state-level permitting policies for highway transmission.

Reimagining Highway Rights-of-Way as Transmission Corridors: Opportunities and Considerations for State Energy Offices

A policy paper that examines the opportunities and benefits of co-location, outlines considerations for state policymakers – namely State Energy Offices, and includes case studies to show how states are already making co-location work.

Renewable Energy Transmission Co-Location in Highway Rights-of-Way

A paper that the legal framework for utilizing existing highway rights-of-way for renewable energy high-voltage direct current transmission projects, covering federal and state laws and regulations that govern such co-location and identifying state actions that may promote it.

Keys to Siting and Building Transmission in Highway Rights-of-Way

Policy paper explaining key strategies for advancing policy supporting transmission in public rights-of-way.
2022
Source:

Model States

Colorado

By January 1, 2027, the Colorado Department of Transportation (CDOT) must update rules to allow for transmission co-location along highway rights-of-way. The Colorado Electric Transmission Authority and Colorado Energy Office must develop a report that identifies all potential highway corridors suitable to high voltage transmission line development.

Starting January 1, 2027, transmission developers must consider development sites in the following order: existing utility corridors, state highway rights-of-way, and new utility corridors.

2025
Establishing Policies

Minnesota

Minnesota allows for the co-location of new high-voltage electric transmission in all existing state and interstate highway corridors, and provides guidance on prioritizing such corridors as a preferred route for new projects. The PUC must consider locating a route for a high-voltage transmission line on an existing high-voltage transmission route and using parallel existing highway rights-of-way.

2024
Establishing Policies

Wisconsin

Wisconsin prioritizes siting of new electric transmission facilities in the following order: along existing utility corridors, highway and railroad corridors, recreational trains, and new corridors. Utilities can locate their facilities along and across highway rights-of-way with the written consent of the Wisconsin DOT.

2003
Establishing Policies

Promoting Transmission in Existing Rights-of-Way By State

Filters
Status State Sort descending Region Components Year Enacted
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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West
In-Progress
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The Arizona Energy Promise Taskforce, established by Executive Order 2025-13, must develop a strategic plan to streamline the deployment of electric generation and transmission projects, including through the co-location of transmission in existing rights-of-way. By March 1, 2026, the Arizona Department of Transportation must deliver a report that identifies opportunities for the Department to participate in transmission planning, including through through the colocation of transmission in existing state rights-of-way.

Establishing Policies
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Southwest 2025
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
In-Progress
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The California Department of Transportation must ​“evaluate the suitability” of highway rights-of-way for developing renewable energy facilities and transmission. A report that identifies the issues and policies impeding the use of department-owned rights-of-way for transmission was due December 31, 2025.

Establishing Policies
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West 2023
Enacted
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By January 1, 2027, the Colorado Department of Transportation (CDOT) must update rules to allow for transmission co-location along highway rights-of-way. The Colorado Electric Transmission Authority and Colorado Energy Office must develop a report that identifies all potential highway corridors suitable to high voltage transmission line development.

Starting January 1, 2027, transmission developers must consider development sites in the following order: existing utility corridors, state highway rights-of-way, and new utility corridors.

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West 2025
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Northeast
Enacted
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The Delaware Public Service Commission and Department of Transportation are required to work together to facilitate the interconnection, including all associated transmission infrastructure, of renewable projects larger than 30 MW along highway rights-of-way. The accommodation of renewable energy interconnection facilities in the State-owned roadway rights-of-way is noted by the legislature as an integral part of the State’s infrastructure.

Establishing Policies
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Southeast 2024
Enacted
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The Department of Transportation must accommodate utlities in placing transmission lines to specifically support new base-load electrical generation facilities. Per the statute, "base-load" generation includes steam and solar-powered generation over 75MW, or smaller with special certification.

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Southeast 2021
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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West
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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West
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Utility facilities are generally not permitted to be installed longitudinally within the ROW of the interstate or other fully controlled access highways.

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Southeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
Enacted
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The PUC must solicit proposals for the development of a transmission line to connect renewable energy resources in northern Maine and give preference to proposals that use existing utility and other rights-of-way.

The Governor's Energy Office must produce a study on the colocation of transportation, electric transmission and railway rights-of-way, due in September 2026.

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Northeast 2025
In-Progress
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The Maryland Department of Transportation must identify state highways and other agency-owned properties suitable for siting high-voltage transmission and co-located energy infrastructure. An interagency Workgroup must thereafter propose fast-track permitting for projects sited on state-owned ROW.

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Southeast 2025
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Northeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Enacted
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Minnesota allows for the co-location of new high-voltage electric transmission in all existing state and interstate highway corridors, and provides guidance on prioritizing such corridors as a preferred route for new projects. The PUC must consider locating a route for a high-voltage transmission line on an existing high-voltage transmission route and using parallel existing highway rights-of-way.

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Midwest 2024
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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West
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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West
Enacted
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In 2016, New Hampshire designated energy corridors along, within, and under four specific highway rights-of-way for underground co-location of transmission and other energy infrastructure. Developers have the option to use these designated corridors instead of privately-owned land for siting energy infrastructure projects, but are not required to use them.

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Northeast 2016
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Northeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Northeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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West
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Northeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

Establishing Policies
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Northeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Midwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

Empty column
Southeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

Empty column
Southwest
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

Empty column
West
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Northeast
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
In-Progress
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The Department of Transportation (DOT) has been allocated $150,000 explore alternative uses of highway rights-of-way (ROWs) to address pressing public needs relating to climate change, renewable energy, and electrical transmission and distribution projects, among others. As part of that exploration, the DOT is directed to (1) review the utility accommodation policy and make recommendations to update it to include renewable energy and electrical transmission and distribution projects, and (2) identify existing highway ROWs suitable as designated energy corridors for electric transmission and distribution and other energy infrastructure.

Establishing Policies
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West 2025
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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Southeast
Enacted
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Wisconsin prioritizes siting of new electric transmission facilities in the following order: along existing utility corridors, highway and railroad corridors, recreational trains, and new corridors. Utilities can locate their facilities along and across highway rights-of-way with the written consent of the Wisconsin DOT.

Establishing Policies
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Midwest 2003
Not Enacted
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Rights-of-way grant certain entities (like utilities) the right to pass through or use a designated portion of another person’s property. States can empower transmission planners and state Departments of Transportation to promote and prioritize projects that colocate transmission lines in existing rights-of-way, such as along highways, to accelerate the siting and construction of new transmission.

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West

The State Climate Policy Dashboard tracks only passed policies and does not include bills currently proposed in legislative sessions. The website is intended to illustrate the current status of policies for each state, as well as key resources and model states for each policy.

Much of the information contained in this database is derived from the public domain, with links to resources provided. The information provided is made available solely for general information purposes and does not constitute legal advice. Click here for full Terms of Use.

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