NY Hwy L § 346 (2021)
2021 New York Laws HAY - Highway Article 12-A - State Thruways 346 - Distinctive Requirements of State Thruways.

§   346.   Distinctive   requirements   of  state  thruways.  Highways   constructed, improved or reconstructed, and maintained as prescribed  in   this  article,  shall be designated "state thruways" and bridges thereon   shall be deemed a part thereof. Each state thruway, except  the  Niagara   thruway  and  the New England thruway, shall be constructed, improved or   reconstructed on a right of way of such width  as  the  commissioner  of   transportation  may  determine, provided, however, that such width shall   be not less than two hundred feet, except in any location where, in  the   judgment of the commissioner of transportation, such minimum width shall   be  deemed to be impracticable. The commissioner of transportation shall   set monuments on the boundaries thereof, and he may cause fences  to  be   erected  along  or  adjacent  to such boundaries and he is authorized to   install  suitable  lighting,  directional  and  protective   facilities,   devices,  and appurtenances, if he deems it necessary in the interest of   public safety.Notwithstanding the provisions of any general, special or local law or   of any inconsistent provision of this chapter, the maintenance of  state   thruways  shall  include  the  control of snow and ice. Such maintenance   shall be done by the method or methods provided in this chapter for  the   maintenance  of  improved  state  highways  in  towns  and  incorporated   villages. Whenever funds are  provided  therefor,  the  commissioner  of   transportation shall have power to acquire for the state, by purchase or   by  appropriation  through  the procedure specified in section thirty of   this chapter  property  for  the  purpose  of  providing,  erecting  and   maintaining  thereon  storehouses  and  repair  shops for the storing of   supplies and material and for the storing, repairing and maintaining  of   equipment,  machinery,  tools  and  implements;  and of constructing and   maintaining such storehouses and repair shops.Pursuant to  any  statutes  in  such  cases  made  and  provided,  the   superintendent  of  state police shall exercise jurisdiction and control   over  the  user  and  the  vehicular  traffic  upon  state  thruways  in   accordance  with  generally  established  as  well  as  special  traffic   regulations, which shall be invoked immediately upon the opening to  the   public  of  any  state  thruway or section thereof by the issuance of an   official order for such opening by the  commissioner  of  transportation   and   the   delivery   of  a  certified  copy  thereof  by  him  to  the   superintendent of state police.The commissioner of transportation shall  have  power  to  acquire  by   appropriation  by the method contained in this article, property for the   purpose of providing, and  also  to  construct  or  reconstruct  thereon   suitable  housing  and other facilities and appurtenances for members of   the division of the state police who shall be engaged in exercising such   jurisdiction and control. Upon approval by the director of  the  budget,   the  cost  of  such  property and of such construction or reconstruction   shall be paid from funds available for construction,  reconstruction  or   improvement of state highways and thruways as part of the cost thereof.The  commissioner of transportation is authorized to classify any part   of a state thruway as a  controlled  access  highway  pursuant  to  this   chapter,  when  the  construction thereof is done on a location where no   public highway theretofore existed. Highway and railroad grade crossings   shall be eliminated generally by structures  to  be  determined  by  the   commissioner of transportation, who is hereby given authority to combine   or  relocate  intersecting highways, streets, or roads to adjust traffic   to such grade separation structures,  except  that  the  grade  crossing   elimination  structures  involved  in  public  service  commission cases   number fifty-four hundred  seventy-two  and  nine  thousand  fifty-eight   shall remain under the jurisdiction of such commission or its successor.   The  entire  cost of such structure as so determined by the commissioner    of transportation  shall  be  included  in  the  cost  of  the  thruway.   Telephone and telegraph wires, power transmission and gas, oil and water   lines, conduits, cables of every kind and nature, that cross any thruway   may,  in  the  discretion  of  the  commissioner  of  transportation, be   relocated in suitable facilities to  be  installed  under  or  over  and   across  any  such  thruway.  The  expense  of  such  relocation  and  of   installing such facilities shall be deemed to be part of the cost of the   thruway. The work of such relocation may be done by the  owner  of  such   wires,   lines,   conduits   and   cables,   and   the  commissioner  of   transportation is hereby empowered to enter into an agreement with  such   owner  for  the  performance  of  all  or  any  part of the work of such   relocation at  the  expense  of  the  state.  Access  from  one  traffic   direction to the other shall be provided only at such points and in such   manner as the commissioner of transportation shall determine.  Access or   branch  connections  from  any thruway or section thereof to any highway   that is authorized by this chapter, shall,  in  the  discretion  of  the   commissioner    of   transportation,   be   included   in   the   plans,   specifications, and estimates and shall be constructed according to such   design and type as the commissioner of transportation shall deem  to  be   suitable  for  the  purposes  thereof  notwithstanding  the  distinctive   requirements of this section. Each state thruway shall provide  for  not   less  than  two lanes of traffic in each direction.  Opposing traffic on   every completed state thruway shall be separated by a mall generally or,   the commissioner of transportation may separate such opposing traffic by   such other alignment of the respective lanes of traffic  which,  in  the   judgment of the commissioner of transportation is practicable because of   topographic  conditions and is beneficial to the public interest. Rights   of way for state thruways shall be acquired by the state as provided  in   section  three hundred forty-seven of this chapter. Any state highway or   portion thereof may be utilized and become a part of any  state  thruway   when  authorized  by  the  commissioner of transportation, provided such   highway or portion thereof either meets the prescribed requirements of a   state thruway or is appropriately altered so  as  to  come  within  such   requirements  before  its incorporation into the thruway. Similarly, any   portion of a state thruway may be constructed in whole or  in  part  and   utilized as a part of the state highway system pending the completion of   the thruway when so determined by the commissioner of transportation and   funds are provided for such construction.