2023 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.