2023 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.