N.Y. HAY Law § 136 — New York Code / Act HAY / Article 6 / Section 136
Permits for work within the county road right of way
Status: in_force

§ 136. Permits for work within the county road right of way. 1. Except\nin connection with the construction, reconstruction, maintenance or\nimprovement of a county road or operations of a corporation pursuant to\nthe provisions of section twenty-seven of the transportation\ncorporations law or sections twenty-one, eighty-nine, ninety-one,\nninety-three, ninety-three-a and ninety-three-b of the railroad law, no\nperson, firm, corporation or municipality shall construct or improve,\nwithin the county road right of way an entrance or connection to such\nroad, or construct within the county road right of way any works,\nstructure or obstruction, or any overhead or underground crossing\nthereof, or lay or maintain therein underground wires or conduits or\ndrainage, sewer or water pipes, except in accordance with the terms and\nconditions of a work permit issued by the county superintendent or his\nduly designated agent, notwithstanding any consent or franchise granted\nby any town superintendent, or by any other municipal authority. Any\nmunicipal corporation may enter upon any county road for the purpose of\nwidening the pavement or for any other purpose authorized by this\nsection, but only after securing a permit as provided herein.\nNotwithstanding the limitations in any general or special law, every\nmunicipal corporation shall have and is hereby given authority to\ndeposit with the county superintendent such a sum of money or a security\nbond as may be required as a condition precedent to the granting of the\npermit provided in this section.\n  2. The county superintendent shall establish regulations governing the\nissuance of highway work permits, including the fees to be charged\ntherefor, a system of deposits of money or bonds guaranteeing the\nperformance of the work and requirements of insurance to protect the\ninterests of the county during performance of the work pursuant to a\nhighway work permit. With respect to driveway entrance permits, the\nregulations shall take into consideration the prospective character of\nthe development, the traffic which will be generated by the facility\nwithin the reasonably foreseeable future, the design and frequency of\naccess to the facility, the effect of the facility upon drainage as\nrelated to existing drainage systems, the extent to which such facility\nmay impair the safety and traffic carrying capacity of the existing\ncounty road and any proposed improvement thereto within the reasonably\nforeseeable future, and any standards governing access, nonaccess or\nlimited access which have been established by the county superintendent.\n  3. Upon completion of the work within the county road right of way,\nauthorized by the work permit, the person, firm, corporation,\nmunicipality, and his or its successors in interest, shall be\nresponsible for the maintenance and repair of such work or portion of\nsuch work as set forth within the terms and conditions of the work\npermit.\n  4. An advertising sign, display or device, or any part thereof,\nerected in violation of this section shall be removed from the county\nroad right of way by the owner or the party responsible for its\nerection.  The county superintendent shall make a demand by mail, to the\nlast known address of the owner, apparent owner or party responsible for\nthe erection of such advertising sign, display or device, for its\nremoval and, if it is not removed within twenty (20) days from the date\nof the mailing of such demand, the county superintendent may remove any\nsuch advertising sign, display or device, or any part thereof, from the\ncounty road right of way.\n  5. The term "county road right of way" shall, for the purposes of this\nsection, mean the entire width between the boundary line of all property\nwhich has been purchased or appropriated by the county for county road\npurposes, all property over which the county superintendent or his\npredecessors has assumed jurisdiction for county road purposes, all\nproperty over which the county superintendent has assumed jurisdiction\nduring the period of construction, reconstruction or improvement and all\nproperty which has become part of the county road system through\ndedication or use.\n  6. Any person, firm or corporation violating this section shall be\nliable to a fine of not less than twenty-five dollars nor more than one\nthousand dollars for each day of violation, to be recovered by the\ncounty superintendent and paid in to the county treasury to the credit\nof the county road fund created under this article for the construction,\nreconstruction and maintenance of county roads on the county road system\nin accordance with the provisions of this article, and may also be\nremoved therefrom as a trespasser by the county superintendent upon\npetition to the county court of the county or to the supreme court of\nthe state.\n