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.
Key Resources
Electric Transmission in Transportation Rights-of-Way: Gaps Analysis
Reimagining Highway Rights-of-Way as Transmission Corridors: Opportunities and Considerations for State Energy Offices
Renewable Energy Transmission Co-Location in Highway Rights-of-Way
Keys to Siting and Building Transmission in Highway Rights-of-Way
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.
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.
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.
Promoting Transmission in Existing Rights-of-Way By State
| 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. 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
|
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. Empty column
|
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. 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. Empty column
|
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. Establishing Policies
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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. 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
|
West | |||
| Not Enacted |
Empty column
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 |
Empty column
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
|
Midwest | |||
| Not Enacted |
Empty column
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
|
Midwest | |||
| Not Enacted |
Empty column
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
|
Midwest | |||
| Not Enacted |
Empty column
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
|
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. 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
|
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. Establishing Policies
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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. Establishing Policies
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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. Empty column
|
Northeast | |||
| Not Enacted |
Empty column
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
|
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. Establishing Policies
Empty column
|
Midwest | 2024 | ||
| Not Enacted |
Empty column
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 |
Empty column
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
|
Midwest | |||
| Not Enacted |
Empty column
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 |
Empty column
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
|
Midwest | |||
| Not Enacted |
Empty column
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 | |||
| 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. Establishing Policies
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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. Empty column
|
Northeast | |||
| Not Enacted |
Empty column
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 |
Empty column
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
|
Northeast | |||
| Not Enacted |
Empty column
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 |
Empty column
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
|
Midwest | |||
| Not Enacted |
Empty column
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
|
Midwest | |||
| Not Enacted |
Empty column
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 |
Empty column
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 |
Empty column
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
|
Northeast | |||
| Not Enacted |
Empty column
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
Empty column
|
Northeast | |||
| Not Enacted |
Empty column
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 |
Empty column
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
|
Midwest | |||
| Not Enacted |
Empty column
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 |
Empty column
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 |
Empty column
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 |
Empty column
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
|
Northeast | |||
| Not Enacted |
Empty column
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 | |||
| 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
Empty column
|
West | 2025 | ||
| Not Enacted |
Empty column
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 | |||
| Enacted |
Empty column
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
Empty column
|
Midwest | 2003 | ||
| Not Enacted |
Empty column
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 |