Title HAY, Highway

§ 1. Short title. This chapter shall be known as the "Highway Law."\n

§ 10. General powers and duties of the commissioner of transportation\nrelating to highways. The commissioner of transportation shall:\n 1. Have general supervision of all highways and bridges which are\nconstructed, improved or maintained in whole or in part by the aid of\nstat…

§ 10-a. Special powers of the commissioner of transportation. 1. The\ncommissioner of transportation, subject to the approval of the director\nof the budget, is hereby authorized to enter into a cooperative highway\ncontractual agreement or agreements with the New York state thr…

§ 10-c. Consolidated local highway assistance payments. 1.\nNotwithstanding any other provisions of this chapter or any other law,\nand subject to an appropriation made therefor and in accordance with the\nprovisions of this section and with the rules and regulations\npromulgate…

§ 10-d. Statewide preventive maintenance plan for highways and\nbridges. 1. Definitions. For the purposes of this section, unless the\ncontext or subject matter otherwise requires:\n (a) "Preventive maintenance" shall mean planned activities undertaken\nby the commissioner to re…

§ 10-e. Additional special powers of the commissioner of\ntransportation. 1. The commissioner of transportation, subject to the\napproval of the director of the budget, is hereby authorized to enter\ninto a dedicated highway and bridge trust fund cooperative agreement or\nagreem…

§ 10-f. Long Island suburban highway improvement program. 1. There is\nhereby established the "Long Island suburban highway improvement\nprogram".\n 2. The program shall provide fifty million dollars to be made\navailable as follows:\nState Fiscal Year 1993-1994 $12.5 million\nS…

§ 10-g. Hudson Valley suburban highway improvement program. 1. There\nis hereby established the "Hudson Valley suburban highway improvement\nprogram".\n 2. The program shall provide ninety million dollars to be made\navailable as follows:\nState Fiscal Year 1993-1994 $22.5 milli…

§ 100. Appointment and salary of county superintendent. The board of\nsupervisors of any county may appoint a county superintendent, determine\nthe amount of the bond which he shall give, fix his salary, and provide\nfor the payment of all the necessary expenses incurred while i…

§ 102. General powers and duties of county superintendents. The county\nsuperintendent appointed as provided in this article shall:\n 1. Have supervision of all roads and bridges comprising the county\nhighway system, together with any other roads, bridges, including\nbridges ov…

§ 102-a. Deputy county superintendent. The county superintendent of\nany county or the county engineer thereof appointed by any other law to\nperform the duties of county superintendent, with the approval of the\nboard of supervisors, may appoint a deputy county superintendent o…

§ 103. Temporary obstruction of highways. The necessary obstruction of\na highway by the removal of buildings or other temporary obstruction\nshall only be allowed if a highway other than a state highway under a\npermit granted by the county superintendent upon the written reque…

§ 103-a. Obstructions and removals. Obstructions, within the meaning\nof this section, shall include trees which have been cut or have fallen\neither on adjacent lands or within the bounds of the highway, in such a\nmanner as to interfere with public travel therein; limbs of tre…

§ 104. Closing highways. If it shall appear necessary to close any\nstate highway in an emergency or in order to permit a proper completion\nof any work of improvement thereon, the commissioner of transportation\nor the county superintendent upon the request of the commissioner …

§ 104-a. Designating as restricted highways under construction or\nreconstruction. The commissioner of transportation shall have the power\nto designate any highway under construction or reconstruction under the\nsupervision of the commissioner of transportation, the county\nsup…

§ 11. Maps, plans, specifications and estimates. Whenever the\ncommissioner of transportation shall have determined upon the\nconstruction or improvement of a state highway, or section thereof, he\nshall make or cause to be made surveys, and suitable preliminary maps,\nplans and…

§ 110. Definitions. As used in this article:\n 1. The term "state moneys" shall include moneys paid by the state to\nthe county pursuant to section one hundred twelve and one hundred\ntwelve-a of this chapter and any other moneys appropriated by law for\nthe purposes specified i…

§ 111. Payment and apportionment of cost among counties and towns. The\nboard of supervisors of any county, in lieu of proceeding with the\nconstruction or improvement of a highway or highways under sections one\nhundred and ninety-four or one hundred and ninety-five, or under t…

§ 113. Annual statement of cost. The clerk of the board of supervisors\nof each county shall, upon or before the first day of January in each\nyear, after the year nineteen hundred thirty-nine, transmit to the state\ncomptroller and the commissioner of transportation a statement…

§ 114. Sources and use of county road fund moneys. 1. State moneys,\ntogether with the amount provided by the county under section one\nhundred eleven of this chapter, including any moneys, collected from the\ntowns pursuant to an apportionment made as provided in sections one\n…

§ 115. Preparation of map showing proposed county road system. The\ncounty superintendent of highways of each county shall prepare a map\nshowing a proposed county road system for such county to be constructed\nwith moneys from the county road fund, such system not to include a\…

§ 115-a. Abandonment of unused portions of town highways on county\nroad system. Whenever a county road or part thereof constructed as part\nof the county road system deviates from the line of an existing town\nhighway, or from the line of a former town highway within the limits…

§ 115-b. Removal of road or part of road from county road system. Upon\nthe recommendation of the county superintendent of highways and pursuant\nto a written agreement with the governing body of a town, village or\ncity, or in the event such an agreement cannot be reached with …

§ 115-c. Notice to municipalities where county roads are abandoned or\nrevert to such municipalities. Whenever a county road is abandoned or\nreverts to a city, town or village pursuant to the provisions of\nsections one hundred fifteen-a and one hundred fifteen-b of this\nchapt…

§ 116. Statement and approval of proposed work. Before any county road\nfund moneys are spent or obligated in any one year under article six,\nexcept as otherwise provided in this section, the county superintendent\nof highways shall prepare a statement of the roads on such map …

§ 117. Construction and reconstruction of county roads. Construction\nor reconstruction of such roads, including necessary grade and culvert\nwork, and any plans and specifications therefor, shall conform to an\noutline or general plan of the work, and such construction or\nreco…

§ 117-a. Highways in villages in Niagara county. The board of\nsupervisors of Niagara county may place upon the map of the county road\nsystem and may provide for the construction, reconstruction, improvement\nor maintenance of a county highway through a village so as to form a\…

§ 117-b. Controlled-access highways in counties. Notwithstanding the\nprovisions of any general, special or local law to the contrary, a\ncounty road entirely or partly constructed, reconstructed or improved at\na location where no public highway theretofore existed, may be\ndes…

§ 117-c. Hawking, peddling, vending, sale of goods, wares or\nmerchandise; Erie county; certain areas. Notwithstanding any law to the\ncontrary, except section thirty-five of the general business law, the\ncounty of Erie shall have the power to enact a local law prohibiting\nhaw…

§ 117-d. Pedestrian overpass to be designated as the "Jennifer\nBolender Memorial Overpass". The pedestrian overpass spanning the\nLaSalle Expressway in the city of Niagara Falls, in the county of\nNiagara, known as the sixty-sixth street overpass, shall be designated\nand known…

§ 117-e. Pedestrian overpass to be designated as the "Police Officer\nRobert McLellan Memorial Overpass". The pedestrian overpass spanning\nRoute 33 in the city of Buffalo, in the county of Erie, known as the\nHickory Street Junction, shall be designated and known as the "Police…

§ 118. Acquisition by counties of lands for right-of-way and other\npurposes. 1. If a county road, proposed to be constructed or improved as\nprovided in this article, or which shall have been heretofore\nconstructed, or which it is proposed to repair or reconstruct as\nprovided…

§ 118-a. Abandoning of parts of county highways. Whenever, pursuant to\nthis act or under the provisions of any statute, any county road shall\nhave been widened, straightened, extended, drained, paved and/or\notherwise improved and in the process thereof a county shall have\nac…

§ 118-b. Entry upon lands by county superintendent. The county\nsuperintendent may, when authorized by the county board, enter\n 1. Upon any lands adjacent to any county road for the purpose of\nopening an existing ditch or drain, or for digging a new ditch or drain\nfor the fre…

§ 119. Purchase of lands. The board of supervisors may, by resolution,\nauthorize its chairman, a member, or a committee to purchase the lands\nto be acquired for the purposes specified in the preceding section.\n

§ 12. Commissioner to provide for maintenance, repair, and for control\nof snow and ice; roads and driveways on state lands. 1. The maintenance\nand repair of improved state highways in towns and incorporated\nvillages, exclusive, however, of the cost of maintaining and repairin…

§ 12-a. The New York state buy American salt act. 1. Use of American\nmaterials. (a) Notwithstanding any other provision of law, when\nsoliciting a contract for the purchase of rock salt or sodium chloride,\nthe commissioner of transportation may award such contract to the\nresp…

§ 120. Petition to acquire lands. If the board of supervisors is\nunable to acquire land by purchase as provided for in section one\nhundred nineteen of this chapter, the board may present to the county\ncourt of the county or to the supreme court, at a special term thereof,\nto…

§ 121. Commissioners of appraisal to be appointed. Upon such\npresentation, such court shall, after hearing any person owning or\nclaiming an interest in the lands to be acquired who may appear, appoint\nthree disinterested persons as commissioners of appraisal. And in case a\nc…

§ 122. Duties of commissioners of appraisal. The commissioners of\nappraisal shall take the oath of office prescribed by the constitution,\nwhich oath shall be filed in the office of the county clerk of the\ncounty. Upon the filing of such oath the title to the lands described i…

§ 123. County treasurer to pay awards. Within six months after the\nreport of the commissioner of appraisal shall be confirmed as aforesaid,\nthe county treasurer of such county shall pay to the persons named\ntherein the amounts awarded to them for damages with four per centum\…

§ 125. Land 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 or maintenance of\nhighways improved or constructed as provided in this article, or\n…

§ 126. Awarding of contracts. Contracts for construction,\nreconstruction or work to be performed under contract for purposes\nauthorized in this article shall be awarded by the county superintendent\nof highways with the approval of the chairman of the board of\nsupervisors, ex…

§ 127. Payments from the county road fund. 1. Except as otherwise\nprovided in this article, no claim against the county road fund shall be\npaid unless such claim has first been approved by the county\nsuperintendent of highways, and shall have been audited by the board of\nsup…

§ 129. Maintenance and apportionment of cost. Notwithstanding any\nother provisions of law, the maintenance of roads improved under the\nprovisions of this article shall be the responsibility of the county\nunder the jurisdiction of the county superintendent of highways.\nNotwit…

§ 13. Qualifications of certain employees. To the end that the\nemployees of the department of transportation engaged in the work of\nconstructing, improving or maintaining highways under the provisions of\nthis chapter may be practical highway builders, the commissioner is\naut…

§ 130. Bridges on county road system. Notwithstanding the provisions\nof sections two hundred and thirty-one and two hundred and thirty-three\nof this chapter, or any other statute, any bridge hereafter proposed to\nbe located on such county road system, when the same is to be\n…

§ 131. County roads of additional width and increased cost at expense\nof village. Notwithstanding any other provisions of law, the county road\nsystem provided for in this article may include highways within an\nincorporated village, but if a road be constructed therein of a gr…

§ 131-a. Application. The provisions of section one hundred\nthirty-one-a through one hundred thirty-one-j shall not apply to bridges\non the Hudson river below Waterford, or on the East river, or over the\nwaters forming a part of the boundaries of the state.\n

§ 131-b. County highways and bridges. 1. A board of supervisors may,\nwhen satisfied that it is for the interest of the county, lay out,\nconstruct, open, alter or discontinue a county highway therein, or cause\nthe same to be done, and construct, repair or abandon a county brid…