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0 chapters · 749 sections in this title.
N.Y. Highway Law § 351 Saving clause
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§ 351. Saving clause. The repeal of a law, as specified in section\nthree hundred and fifty-three shall not affect or impair any contract,\nor any act done, or right accruing, accrued or acquired or any penalty,\nforfeiture, or punishment incurred prior to the time when this cha…
N.Y. Highway Law § 351-A Effect of amendments to and repeals of provisions of the former highway law
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§ 351-a. Effect of amendments to and repeals of provisions of the\nformer highway law. 1. An act of the legislature of the year nineteen\nhundred thirty-six which, in form, amends or repeals or purports to\namend or repeal any provision or provisions of the former highway law\ns…
N.Y. Highway Law § 352 Construction
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§ 352. Construction. The provisions of this chapter so far as they are\nsubstantially the same as those existing at the time they shall take\neffect, shall be construed as a continuation of such laws, modified or\namended, according to the language employed in this chapter, and …
N.Y. Highway Law § 353 Laws repealed
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§ 353. Laws repealed. Chapter thirty of the laws of nineteen hundred\nand nine entitled "An act relating to highways, constituting chapter\ntwenty-five of the consolidated laws," and all acts amendatory thereof\nand supplemental thereto, constituting the highway law as heretofor…
N.Y. Highway Law § 354 When to take effect
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§ 354. When to take effect. This chapter shall take effect\nimmediately.\n
N.Y. Highway Law § 38 Contracts for construction or improvement of highways
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§ 38. Contracts for construction or improvement of highways. State\nhighways shall be constructed or improved by contract. Upon the\ncompletion and final adoption or approval, as provided by law, of the\nplans and specifications for the construction or improvement of a state\nhi…
N.Y. Highway Law § 39 Patented material or articles
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§ 39. Patented material or articles. In the construction, maintenance\nor repair of state highways, no patented material or article or any\nother material or article shall be specified, contracted for or\npurchased, except under such circumstances that there can be fair and\nrea…
N.Y. Highway Law § 40 Authority of commissioner of transportation with respect to the performance of contracts for construction, reconstruction or improvement ...
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§ 40. Authority of commissioner of transportation with respect to the\nperformance of contracts for construction, reconstruction or improvement\nof state highways, highway projects under the supervision of the\ndepartment of transportation, bridges, grade crossing eliminations a…
N.Y. Highway Law § 41 Maintenance of highways after preliminary work pending permanent paving
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§ 41. Maintenance of highways after preliminary work pending permanent\npaving. Upon the completion of a contract for the preliminary grading\nand structures of a state highway the commissioner of transportation\nshall maintain said preliminary grading and structures until the\n…
N.Y. Highway Law § 42 Maintenance of detours during construction
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§ 42. Maintenance of detours during construction. The maintenance and\nrepair of any highway or right of way designated by official order of\nthe department of transportation for use as a detour, during the\nconstruction, reconstruction, or improvement of a state highway, shall\…
N.Y. Highway Law § 42-A Establishment of temporary detours when state highways are being maintained or repaired
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§ 42-a. Establishment of temporary detours when state highways are\nbeing maintained or repaired. Notwithstanding the provisions of section\none hundred four of this chapter, whenever in the maintenance or repair\nof a state highway, it is determined by the commissioner that it …
N.Y. Highway Law § 43 Intersections, grading and paving on county roads and town highways at intersection with and during construction or reconstruction of sta...
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§ 43. Intersections, grading and paving on county roads and town\nhighways at intersection with and during construction or reconstruction\nof state highways. Whenever in the construction or reconstruction of a\nstate highway it is determined by the commissioner of transportation…
N.Y. Highway Law § 44 Acceptance of state highways when completed
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§ 44. Acceptance of state highways when completed. Upon the completion\nof a state highway, or section thereof, constructed or improved under a\ncontract let as provided in this article, the commissioner of\ntransportation shall cause the same to be inspected and if he approve,\…
N.Y. Highway Law § 45 Entry upon adjacent lands and streams
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§ 45. Entry upon adjacent lands and streams. Lands adjacent to a state\nhighway or adjoining or in the bed or beds of any streams or creeks may\nbe entered upon and occupied by the commissioner of transportation, his\nrepresentatives and employees, or by a contractor or any of h…
N.Y. Highway Law § 46 State highways in villages
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§ 46. State highways in villages. A state highway may be constructed,\nreconstructed or improved through a village so as to form a continuous\nhighway on the state highway system. Such highway within a village shall\nbe of such width and type of construction as the commissioner …
N.Y. Highway Law § 47 Connecting highways in villages
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§ 47. Connecting highways in villages. The board of trustees of a\nvillage may, by resolution, petition the commissioner of transportation\nfor the construction or improvement of a highway to connect streets or\nhighways within the village which have been paved or improved with …
N.Y. Highway Law § 48 State highways of additional width and increased cost at expense of town
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§ 48. State highways of additional width and increased cost at expense\nof town. Whenever the department of transportation shall have determined\nupon the construction or improvement of a state highway or section\nthereof and it is desired by any town in which such proposed high…
N.Y. Highway Law § 49 Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town
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§ 49. Improvement of state highways at expense of county or at the\njoint expense of such county and any city, village or town. The board of\nsupervisors of any county may request of the department an estimate of\nthe additional cost of improving a state highway to a width or in…
N.Y. Highway Law § 50 Petition for improvement of highway where a street surface railroad is laid
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§ 50. Petition for improvement of highway where a street surface\nrailroad is laid. Where a street surface railroad shall be laid in any\nstreet, highway or public place in any town, village, or in any city of\nthe second or third classes, which it was heretofore or shall hereaf…
N.Y. Highway Law § 51 Repair of highways at railroad crossings
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§ 51. Repair of highways at railroad crossings. Whenever a highway\ncrosses a railroad track at grade and such grade crossing is out of\nrepair, if it is the judgment of the commissioner of transportation, the\nboard of supervisors of a county, the board of aldermen of a city, t…
N.Y. Highway Law § 52 Permits for work within the state highway right of way
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§ 52. Permits for work within the state highway right of way. Except\nin connection with the construction, reconstruction, maintenance or\nimprovement of a state highway, no person, firm, corporation,\nmunicipality, or state department or agency shall construct or improve,\nwith…
N.Y. Highway Law § 53 Highways and bridges on Indian reservations
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§ 53. Highways and bridges on Indian reservations. The Department of\ntransportation shall have supervision and control, in the construction,\nmaintenance and improvement of all highways and bridges constructed or\nto be constructed by the state on any Indian reservations, and m…
N.Y. Highway Law § 53-A Highways on Indian reservations
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§ 53-a. Highways on Indian reservations. Where a highway is located\npartly on an Indian reservation, the Indian nation and the town or\ncounty involved and the department of transportation may make an\nagreement to apportion certain sections of such highways for\nreconstruction…
N.Y. Highway Law § 54 Sidewalks along improved state highways
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§ 54. Sidewalks along improved state highways. Walks or paths for\npedestrians may be constructed by a county along any improved state\nhighway or along a part thereof in any town of the county, pursuant to\nthe provisions of this section. The request for any such walk or path\n…
N.Y. Highway Law § 54-A Reestablishment of approaches to private lands
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§ 54-a. Reestablishment of approaches to private lands. In the\nconstruction and reconstruction of any highway on the state's system\nwhere a substantial change in the existing grade of the highway is made,\nsuch change making necessary the reestablishment of an existing entranc…
N.Y. Highway Law § 55 Emergency aid for control of snow and ice in municipalities
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§ 55. Emergency aid for control of snow and ice in municipalities.\nNotwithstanding any inconsistent provision of law, general, special or\nlocal, the commissioner of transportation, when authorized by the\ngovernor, is empowered to aid any county, city, town or village of the\n…
N.Y. Highway Law § 56 State to maintain roads improved by state appropriations under special laws
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§ 56. State to maintain roads improved by state appropriations under\nspecial laws. When any highway has been constructed or improved under a\nspecial law, with moneys taken from the state treasury and under plans\nprepared by a state department, the commissioner of transportati…
N.Y. Highway Law § 57 Maintenance by state of canal bridge approaches
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§ 57. Maintenance by state of canal bridge approaches. Where a\nwaterway which is a part of the canal system of the state intersects a\nstate highway which is maintained adjacent to such intersection pursuant\nto this article, the pavement and shoulders of the approaches to the\…
N.Y. Highway Law § 58 Liability of state for damages
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§ 58. Liability of state for damages. The state shall not be liable\nfor damages suffered by any person from defects in state highways,\nexcept between the first day of May and the fifteenth day of November on\nsuch highways as are maintained by the state under such system as th…
N.Y. Highway Law § 59 Additional width, different type of construction or other additional work under repair or reconstruction contracts
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§ 59. Additional width, different type of construction or other\nadditional work under repair or reconstruction contracts. Whenever in\nthe maintenance, repair or reconstruction of state highways the\ncommissioner of transportation shall have determined upon the necessity\nof re…
N.Y. Highway Law § 60 Sprinkling; removal of filth and refuse
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§ 60. Sprinkling; removal of filth and refuse. Upon petition signed by\na majority of the taxpayers owning property abutting upon an improved\nstate highway and filed with the town clerk, the town board may set\naside any section of such highway outside of a village and contract…
N.Y. Highway Law § 61 Payment by counties of a portion of the cost of construction under repair contracts
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§ 61. Payment by counties of a portion of the cost of construction\nunder repair contracts. Whenever in the maintenance and repair of state\nhighways the department of transportation shall have determined upon the\nnecessity of resurfacing, reconstructing or repairing such highw…
N.Y. Highway Law § 62 Improvement of alignment and of dangerous conditions on repair work
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§ 62. Improvement of alignment and of dangerous conditions on repair\nwork. Whenever in the maintenance, repair or reconstruction of state\nhighways under the provisions of this chapter, the commissioner of\ntransportation shall have determined upon the necessity of a change in\…
N.Y. Highway Law § 63 Discontinuance of part of highway due to grade crossing elimination
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§ 63. Discontinuance of part of highway due to grade crossing\nelimination. Whenever the commissioner of transportation shall determine\nthat a state highway is affected by a side line or a new location by\nreason of the elimination of a highway-railroad crossing at grade\npursu…
N.Y. Highway Law § 64 Maintenance by state of certain improved roads and highways
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§ 64. Maintenance by state of certain improved roads and highways. The\ncommissioner of transportation may inspect all roads and highways which\nhave been constructed or improved under any general or special law by\nthe county, town or village which are indicated for improvement…
N.Y. Highway Law § 65 Lands may be sold or leased; disposition of proceeds
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§ 65. Lands may be sold or leased; disposition of proceeds. Any lands\nacquired by purchase or condemnation, for the purpose of obtaining\ngravel, stone or other materials for the construction, reconstruction,\nimprovement or maintenance of highways as provided in this article, …
N.Y. Highway Law § 66 Replacement water sources
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§ 66. Replacement water sources. If the commissioner determines that a\nhighway project or highway maintenance activity of the department has\nsignificantly changed or rendered unusable a private water supply\nsystem, the commissioner is authorized, upon the consent of the owner…
N.Y. Highway Law § 80 Powers of commissioner; use of federal aid
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§ 80. Powers of commissioner; use of federal aid. 1. If moneys of the\nfederal government are or may reasonably be expected to be available\ntherefor, under federal-aid highway acts, the commissioner is authorized\nto use moneys, or so much thereof as he shall determine to accep…
N.Y. Highway Law § 80-A State prefinancing of federal share of non-state highway projects
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§ 80-a. State prefinancing of federal share of non-state highway\nprojects. In connection with the undertaking by a municipality of a\nnon-state highway project for which the commissioner is authorized to\nuse moneys of the federal government pursuant to the provisions of\nsecti…
N.Y. Highway Law § 80-B Construction or improvement by the department of transportation partly at municipal expense
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§ 80-b. Construction or improvement by the department of\ntransportation partly at municipal expense. 1. In connection with the\nundertaking of any project for which the commissioner is authorized to\nuse moneys of the federal government pursuant to the provisions of\nsubdivisio…
N.Y. Highway Law § 81 Application of laws; exceptions
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§ 81. Application of laws; exceptions. All provisions of this chapter\nand related laws, including those applicable to acquisition of land or\nrights and interests therein, as now existing or hereafter amended,\nshall be applicable to the performance of the work authorized by th…
N.Y. Highway Law § 82 Expense; how borne
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§ 82. Expense; how borne. The proportion of the total cost of work\nperformed on any project, in addition to such elements thereof as are\nnot subject to federal aid, which shall be borne by the state of New\nYork shall be the difference between the funds contributed for such wo…
N.Y. Highway Law § 83 Construction or improvement, partly at county expense
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§ 83. Construction or improvement, partly at county expense. If the\nestimated cost of a project in any county shall exceed the amount\navailable in such county for such work to be provided by the state and\nfederal government, the board of supervisors of the county, by\nresolut…
N.Y. Highway Law § 84 Construction or reconstruction of any road or highway in connection with projects on the principal secondary and feeder roads
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§ 84. Construction or reconstruction of any road or highway in\nconnection with projects on the principal secondary and feeder roads.\nThe commissioner of transporation may, upon the request of a county\nthrough its board of supervisors, include in any project on the federal\npr…
N.Y. Highway Law § 85 General authorization; good faith of state pledged
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§ 85. General authorization; good faith of state pledged. The\ncommissioner of transportation is hereby authorized, empowered and\ndirected to perform and do such other and further acts not hereby\nspecifically provided as may be necessary to perform the work authorized\nby this…
N.Y. Highway Law § 86 Agreement to control erection and maintenance of advertising devices
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§ 86. Agreement to control erection and maintenance of advertising\ndevices. In order that the state of New York may be entitled to be paid\nby the United States an increased share of the costs of projects on the\ninterstate highway system, the commissioner of transportation is …
N.Y. Highway Law § 88 Control of outdoor advertising
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§ 88. Control of outdoor advertising. 1. Definitions. As used in this\nsection:\n (a) "Interstate highway system" means that portion of the national\nsystem of interstate and defense highways located within this state, as\nofficially designated, or as may hereafter be so designa…
N.Y. Highway Law § 88-A Tourism signage task force
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§ 88-a. Tourism signage task force. 1. There is hereby established a\ntourism signage task force consisting of the following members:\n (a) the commissioner or his or her designated representative from the\ndepartments of transportation, economic development, environmental\ncons…
N.Y. Highway Law § 89 Control of junkyards and scrap metal processing facilities
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§ 89. Control of junkyards and scrap metal processing facilities. 1.\nDefinitions. As used in this section:\n (a) "Interstate highway system" means that portion of the national\nsystem of interstate and defense highways located within this state, as\nofficially designated, or as…