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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 three hundred and fifty-three shall not affect or impair any contract, or any act done, or right accruing, accrued or acquired or any penalty, forfeiture, or punishment incurred prior to the time when this chapte…
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 former highway law. 1. An act of the legislature of the year nineteen hundred thirty-six which, in form, amends or repeals or purports to amend or repeal any provision or provisions of the former highway law shall…
N.Y. Highway Law § 352 Construction
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§ 352. Construction. The provisions of this chapter so far as they are substantially the same as those existing at the time they shall take effect, shall be construed as a continuation of such laws, modified or amended, according to the language employed in this chapter, and not…
N.Y. Highway Law § 353 Laws repealed
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§ 353. Laws repealed. Chapter thirty of the laws of nineteen hundred and nine entitled "An act relating to highways, constituting chapter twenty-five of the consolidated laws," and all acts amendatory thereof and supplemental thereto, constituting the highway law as heretofore i…
N.Y. Highway Law § 354 When to take effect
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§ 354. When to take effect. This chapter shall take effect immediately.
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 highways shall be constructed or improved by contract. Upon the completion and final adoption or approval, as provided by law, of the plans and specifications for the construction or improvement of a state highwa…
N.Y. Highway Law § 39 Patented material or articles
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§ 39. Patented material or articles. In the construction, maintenance or repair of state highways, no patented material or article or any other material or article shall be specified, contracted for or purchased, except under such circumstances that there can be fair and reasona…
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 performance of contracts for construction, reconstruction or improvement of state highways, highway projects under the supervision of the department of transportation, bridges, grade crossing eliminations and …
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 paving. Upon the completion of a contract for the preliminary grading and structures of a state highway the commissioner of transportation shall maintain said preliminary grading and structures until the perm…
N.Y. Highway Law § 42 Maintenance of detours during construction
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§ 42. Maintenance of detours during construction. The maintenance and repair of any highway or right of way designated by official order of the department of transportation for use as a detour, during the construction, reconstruction, or improvement of a state highway, shall be …
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 being maintained or repaired. Notwithstanding the provisions of section one hundred four of this chapter, whenever in the maintenance or repair of a state highway, it is determined by the commissioner that it is …
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 highways at intersection with and during construction or reconstruction of state highways. Whenever in the construction or reconstruction of a state highway it is determined by the commissioner of transportation to…
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 of a state highway, or section thereof, constructed or improved under a contract let as provided in this article, the commissioner of transportation shall cause the same to be inspected and if he approve, acc…
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 highway or adjoining or in the bed or beds of any streams or creeks may be entered upon and occupied by the commissioner of transportation, his representatives and employees, or by a contractor or any of his …
N.Y. Highway Law § 46 State highways in villages
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§ 46. State highways in villages. A state highway may be constructed, reconstructed or improved through a village so as to form a continuous highway on the state highway system. Such highway within a village shall be of such width and type of construction as the commissioner of …
N.Y. Highway Law § 47 Connecting highways in villages
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§ 47. Connecting highways in villages. The board of trustees of a village may, by resolution, petition the commissioner of transportation for the construction or improvement of a highway to connect streets or highways within the village which have been paved or improved with sta…
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 of town. Whenever the department of transportation shall have determined upon the construction or improvement of a state highway or section thereof and it is desired by any town in which such proposed highway…
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 joint expense of such county and any city, village or town. The board of supervisors of any county may request of the department an estimate of the additional cost of improving a state highway to a width or in a …
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 railroad is laid. Where a street surface railroad shall be laid in any street, highway or public place in any town, village, or in any city of the second or third classes, which it was heretofore or shall hereafter…
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 crosses a railroad track at grade and such grade crossing is out of repair, if it is the judgment of the commissioner of transportation, the board of supervisors of a county, the board of aldermen of a city, the …
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 transportation shall have supervision and control, in the construction, maintenance and improvement of all highways and bridges constructed or to be constructed by the state on any Indian reservations, and may …
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 partly on an Indian reservation, the Indian nation and the town or county involved and the department of transportation may make an agreement to apportion certain sections of such highways for reconstruction, ma…
N.Y. Highway Law § 54 Sidewalks along improved state highways
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§ 54. Sidewalks along improved state highways. Walks or paths for pedestrians may be constructed by a county along any improved state highway or along a part thereof in any town of the county, pursuant to the provisions of this section. The request for any such walk or path shal…
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 construction and reconstruction of any highway on the state's system where a substantial change in the existing grade of the highway is made, such change making necessary the reestablishment of an existing entrance o…
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. Notwithstanding any inconsistent provision of law, general, special or local, the commissioner of transportation, when authorized by the governor, is empowered to aid any county, city, town or village of the stat…
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 special laws. When any highway has been constructed or improved under a special law, with moneys taken from the state treasury and under plans prepared by a state department, the commissioner of transportation …
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 waterway which is a part of the canal system of the state intersects a state highway which is maintained adjacent to such intersection pursuant to this article, the pavement and shoulders of the approaches to the bri…
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 for damages suffered by any person from defects in state highways, except between the first day of May and the fifteenth day of November on such highways as are maintained by the state under such system as the c…
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 additional work under repair or reconstruction contracts. Whenever in the maintenance, repair or reconstruction of state highways the commissioner of transportation shall have determined upon the necessity of resurf…
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 a majority of the taxpayers owning property abutting upon an improved state highway and filed with the town clerk, the town board may set aside any section of such highway outside of a village and contract fo…
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 under repair contracts. Whenever in the maintenance and repair of state highways the department of transportation shall have determined upon the necessity of resurfacing, reconstructing or repairing such highway,…
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 work. Whenever in the maintenance, repair or reconstruction of state highways under the provisions of this chapter, the commissioner of transportation shall have determined upon the necessity of a change in loc…
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 elimination. Whenever the commissioner of transportation shall determine that a state highway is affected by a side line or a new location by reason of the elimination of a highway-railroad crossing at grade pursuant …
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 commissioner of transportation may inspect all roads and highways which have been constructed or improved under any general or special law by the county, town or village which are indicated for improvement in…
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 acquired by purchase or condemnation, for the purpose of obtaining gravel, stone or other materials for the construction, reconstruction, improvement or maintenance of highways as provided in this article, or …
N.Y. Highway Law § 66 Replacement water sources
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§ 66. Replacement water sources. If the commissioner determines that a highway project or highway maintenance activity of the department has significantly changed or rendered unusable a private water supply system, the commissioner is authorized, upon the consent of the owner th…
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 federal government are or may reasonably be expected to be available therefor, under federal-aid highway acts, the commissioner is authorized to use moneys, or so much thereof as he shall determine to accept, …
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 projects. In connection with the undertaking by a municipality of a non-state highway project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of section e…
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 transportation partly at municipal expense. 1. In connection with the undertaking of any project for which the commissioner is authorized to use moneys of the federal government pursuant to the provisions of subdivision th…
N.Y. Highway Law § 81 Application of laws; exceptions
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§ 81. Application of laws; exceptions. All provisions of this chapter and related laws, including those applicable to acquisition of land or rights and interests therein, as now existing or hereafter amended, shall be applicable to the performance of the work authorized by this …
N.Y. Highway Law § 82 Expense; how borne
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§ 82. Expense; how borne. The proportion of the total cost of work performed on any project, in addition to such elements thereof as are not subject to federal aid, which shall be borne by the state of New York shall be the difference between the funds contributed for such work …
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 estimated cost of a project in any county shall exceed the amount available in such county for such work to be provided by the state and federal government, the board of supervisors of the county, by resolution,…
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 connection with projects on the principal secondary and feeder roads. The commissioner of transporation may, upon the request of a county through its board of supervisors, include in any project on the federal princi…
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 commissioner of transportation is hereby authorized, empowered and directed to perform and do such other and further acts not hereby specifically provided as may be necessary to perform the work authorized by this art…
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 devices. In order that the state of New York may be entitled to be paid by the United States an increased share of the costs of projects on the interstate highway system, the commissioner of transportation is her…
N.Y. Highway Law § 88 Control of outdoor advertising
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§ 88. Control of outdoor advertising. 1. Definitions. As used in this section: (a) "Interstate highway system" means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may hereafter be so designated, …
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 tourism signage task force consisting of the following members: (a) the commissioner or his or her designated representative from the departments of transportation, economic development, environmental conservat…
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. Definitions. As used in this section: (a) "Interstate highway system" means that portion of the national system of interstate and defense highways located within this state, as officially designated, or as may …