NY Hwy L § 52 (2021)
2021 New York Laws HAY - Highway Article 3 - State Highways 52 - Permits for Work Within the State Highway Right of Way.

§  52.  Permits for work within the state highway right of way. Except   in connection with  the  construction,  reconstruction,  maintenance  or   improvement   of   a   state  highway,  no  person,  firm,  corporation,   municipality, or state department or agency shall construct or  improve,   within  the state highway right of way an entrance or connection to such   highway, or construct within the state highway right of way  any  works,   structure  or  obstruction,  or  any  overhead  or  underground crossing   thereof, or lay or maintain therein underground  wires  or  conduits  or   drainage,  sewer or water pipes, except in accordance with the terms and   conditions of a work permit issued by the commissioner of transportation   or his duly designated agent, notwithstanding any consent  or  franchise   granted  by any town or county superintendent, or by any other municipal   authority. Any municipal corporation may enter upon  any  state  highway   for  the  purpose  of  widening  the  pavement  or for any other purpose   authorized by this section, but only after securing a permit as provided   herein. Notwithstanding the limitations in any general or  special  law,   every  municipal corporation shall have and is hereby given authority to   deposit with the department of transportation, such a sum of money or  a   security  bond  as may be required by the commissioner of transportation   as a condition precedent to the granting of the permit provided in  this   section.The   commissioner   of  transportation  shall  establish  regulations   governing the issuance of highway work permits, including the fees to be   charged therefor, a system of deposits of money  or  bonds  guaranteeing   the performance of the work and requirements of insurance to protect the   interests  of  the  state  during  performance of the work pursuant to a   highway work permit. With respect  to  driveway  entrance  permits,  the   regulations  shall  take into consideration the prospective character of   the development, the traffic which will be  generated  by  the  facility   within  the  reasonably  foreseeable future, the design and frequency of   access to the facility, the effect of  the  facility  upon  drainage  as   related  to existing drainage systems, the extent to which such facility   may impair the safety and traffic  carrying  capacity  of  the  existing   state highway and any proposed improvement thereto within the reasonably   foreseeable  future,  and  any standards governing access, non-access or   limited  access  which  have  been  established  by  the  department  of   transportation.Upon  completion  of  the  work within the state highway right of way,   authorized  by  the  work  permit,  the   person,   firm,   corporation,   municipality,  or  state department or agency, and his or its successors   in interest, shall be responsible for the maintenance and repair of such   work or portion  of  such  work  as  set  forth  within  the  terms  and   conditions of the work permit.An  advertising  sign, display or device, or any part thereof, erected   or maintained in violation of this section shall  be  removed  from  the   state highway right of way by the owner or the party responsible for its   erection  and maintenance. The commissioner of transportation shall make   a demand by mail, to the last known address of the owner, apparent owner   or  party  responsible  for  the  erection  and  maintenance   of   such   advertising  sign,  display or device, for its removal and, if it is not   removed within thirty days from the date of the mailing of such  demand,   the commissioner of transportation may remove any such advertising sign,   display  or device, or any part thereof, from the state highway right of   way. Any such legally permitted, erected and maintained sign, display or   device may be maintained by its owner in accordance with the  provisions   of  this  section  upon the approval of the permit issuing office on the   same terms and  conditions  as  may  exist  for  the  granting  of  such   approvals  generally.  Where  such  approvals are for permits to control    vegetation, the permit issuing office shall approve  no  more  than  two   hundred  fifty permits per annum. The commissioner of transportation may   also order the approval of additional permits to control  vegetation  on   an individual basis upon demonstration of acute need.The  term "state highway right of way" shall, for the purposes of this   section, mean the entire width between the boundary line of all property   which has been purchased or appropriated by the state for state  highway   purposes,  all property over which the commissioner of transportation or   his predecessors has assumed jurisdiction for  state  highway  purposes,   all  property  over which the commissioner of transportation has assumed   jurisdiction  during  the  period  of  construction,  reconstruction  or   improvement  and all property which has become part of the state highway   system through dedication or use.Any person, firm or corporation violating this section shall be liable   to a fine of not  less  than  twenty-five  dollars  nor  more  than  one   thousand  dollars  for  each  day  of  violation  to be recovered by the   commissioner of transportation. All fees, fines or  penalties  collected   or  recovered  by  the  commissioner  pursuant  to this section shall be   deposited by the comptroller into the  special  obligation  reserve  and   payment   account  of  the  dedicated  highway  and  bridge  trust  fund   established pursuant to section eighty-nine-b of the state finance  law,   excepting  monies  deposited  with  the  state on account of betterments   performed  pursuant   to   subdivision   twenty-seven   or   subdivision   thirty-five of section ten of this chapter.