2023 New York Laws › HAY - Highway › Article 5 - County Superintendents › 104 - Closing Highways.

§  104.  Closing  highways.  If it shall appear necessary to close any
  state highway in an emergency or in order to permit a proper  completion
  of  any  work of improvement thereon, the commissioner of transportation
  or the county superintendent upon the request  of  the  commissioner  of
  transportation,  shall  execute  a  certificate and file the same in the
  office of the town clerk of the town in which such highway is  situated.
  If  it  shall  appear  necessary  to  a county superintendent to close a
  county road or a town superintendent  to  close  a  town  highway,  said
  superintendent  shall execute a similar certificate and file the same in
  the office of the town clerk in  which  such  highway  is  situated.  In
  either  case, such certificate shall state the necessity for the closing
  of such highway and describe the portion thereof to be  closed.  At  the
  time  of  filing  such certificate the commissioner of transportation or
  the county  superintendent,  as  the  case  may  be,  shall  notify  the
  contractor  who  is  constructing,  improving  or  repairing  said state
  highway that the  same  is  closed  to  public  travel  until  otherwise
  notified  and shall cause to be posted conspicuous notices to the effect
  that the highway is closed.
It shall thereupon be the duty of said contractor  to  erect  suitable
  obstruction  for  closing  said  state  highway, including the necessary
  lights which shall be visible to any one  approaching  such  obstruction
  from  one  hour  after  sunset  to  one  hour  before  sunrise  and said
  contractor shall notwithstanding any general or special  law  be  liable
  for  all  damages  to  persons or property sustained by reason of not so
  erecting and so lighting such  suitable  obstruction.  If  the  work  of
  improvement,  construction  or  repairs  upon  a  state highway is being
  performed  by  state  forces,  or  otherwise  than  by   contract,   the
  representative  of  the  department  of transportation in charge of such
  work, shall at  the  time  of  the  filing  of  such  certificate,  post
  conspicuous  notices to the effect that the highway is closed, and shall
  erect  and  maintain  a  lighted  obstruction  in  the  same  manner  as
  hereinbefore  described.  At  the  time  of  filing  such  a certificate
  relating to a county road by the county superintendent, he shall  notify
  the   town   superintendent   to  close  said  county  road.  Upon  such
  notification or upon filing such  certificate  for  closing  of  a  town
  highway,  the  town  superintendent  shall  thereupon  close the same to
  public travel by posting conspicuous notices  to  the  effect  that  the
  highway  is closed and by erecting and maintaining a lighted obstruction
  in the manner hereinbefore described. In case  of  the  closing  of  any
  highway  under  the  provisions of this section, the town superintendent
  shall, if practicable, provide a  new  location  for,  and  construct  a
  temporary  highway  to  be  used  by the traveling public in lieu of the
  closed highway and may erect temporary bridges when necessary  or  cause
  other  existing  highways  to  be  used.  For  the  purpose of locating,
  constructing and erecting such temporary  highway  or  bridge  the  town
  superintendent  may enter upon the lands adjoining or near to the closed
  highway and may, with the approval of the town  board,  agree  with  the
  owners of such land as to the damages if any caused thereby.
If the town superintendent is unable to agree with such owner upon the
  amount   of   damages   thus  sustained  the  amount  thereof  shall  be
  ascertained, determined and paid as  provided  in  section  one  hundred
  forty-eight.  When  such highway shall have been closed to the public as
  provided herein, any person who disregards the obstruction  and  notice,
  and  drives,  rides  or  walks over the portion of the highway so closed
  shall be guilty of a misdemeanor.