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Alternative Uses of Highway Right-of-Way

Appendix D. Questionnaire to FHWA Division Offices

TO THE ATTENTION OF: Division Office Realty and Utility Staff

The purpose of this message is to have the Realty staff participate in the survey below:

The Office of Real Estate Services, as part of a STEP 2009 Research project is collecting information on renewable Energy Technologies and the Use of Alternative Fuel Facilities within the highway Right-of-Way. Hopefully this information will help us identify where there may be opportunities or barriers for accommodating renewable energy technologies and alternative fuel facilities in the right-of-way. You may discuss the questions with the State DOT or other interested parties, but do not send the survey to the State and ask them to complete the survey.

  1. Do the partners that you work with in the delivery of the program such as States DOTs, Indian Tribes and Federal agencies allow for the use of highway rights-of-way to accommodate public utility facilities as noted in the "Guidance on Utilization of Highway Right-of-Way" available at
  2. Do they characterize renewable energy facilities as utilities (i.e., in regards to the accommodation of utility facilities in the ROW)?
  3. Are there any laws or other requirements that either allow or prohibit the generation of renewable energy within the highway ROW? If so, please cite the law(s).
  4. Can excess ROW or potential excess ROW be used for renewable energy facilities?
  5. Are they considering or carrying out research, development, or construction of renewable energy or alternative fuel facilities in the right-of-way, such as: wind, solar, bioenergy, electric charging stations, etc? If so, please describe.

(Please provide an agency or contact name, and telephone number we can use for follow-up.):

Please return the completed form to Bruce H. Bradley @ or contact him directly at (202)493-0564 if you have any additional questions or need additional information.

Updated: 9/1/2016
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