2023 New York Laws › HAY - Highway › Article 3 - State Highways › 54 - Sidewalks Along Improved State Highways.

§  54.  Sidewalks  along  improved  state highways. Walks or paths for
  pedestrians may be constructed by a  county  along  any  improved  state
  highway  or  along a part thereof in any town of the county, pursuant to
  the provisions of this section. The request for any such  walk  or  path
  shall be made by the town board, by resolution to that effect, a copy of
  which  shall  be certified to the board of supervisors. Unless the board
  of supervisors shall determine by resolution  that  such  walk  or  path
  shall  not  be  constructed,  it shall, by resolution, direct the county
  superintendent of highways  to  prepare  and  submit  to  the  board  an
  estimate  of  the  probable  cost  of such work, together with a general
  outline plan thereof setting forth the type, material and width  of  the
  proposed  walk  or  path, and also its location, specifying the highway,
  the beginning and terminal points of the walk or path and  its  distance
  laterally  from  the  improved  roadway.  Upon receipt of such plan, the
  board of supervisors, by resolution, may determine  that  such  walk  or
  path  shall be constructed, in accordance with such plan, subject to the
  approval of the plan, and consent that the walk or path be  constructed,
  by  the  commissioner  of  transportation.  The county superintendent of
  highways shall submit such plan to the commissioner  of  transportation,
  together with a copy of such resolution, to be furnished by the clerk of
  the  board.  If  the commissioner of transportation shall consent to the
  construction of a walk or path along  the  course  indicated  and  shall
  approve  such  plan,  he  shall  certify  such  action  to  the board of
  supervisors, and the board of supervisors  shall  then  appropriate  and
  make  available for such work the necessary moneys therefor, from county
  funds. The commissioner of transportation, however, may modify such plan
  and certify in like manner the changes made  by  him  therein.  In  that
  case,  the  board  of  supervisors  shall  not be required to direct the
  construction of such walk or path or provide moneys  therefor  until  it
  shall have approved of such changes. If the foregoing provisions of this
  section  shall  have  been  complied with, the work of such construction
  shall proceed under  the  direction  of  the  county  superintendent  of
  highways.  He  may  perform such work by contract, or partly by contract
  and partly by the employment of labor, purchase of material and the  use
  of  any  necessary  machinery  owned  or  rented by the county. Upon the
  completion of such work, the total cost thereof shall be reported by the
  superintendent of highways to the board of supervisors. Thirty-five  per
  centum of the cost of such work shall be reimbursed to the county by the
  town  requesting  the improvement, and a tax therefor may be levied upon
  the taxable property of the town, or the amount to be raised  by  either
  the  county  or  the  town may be provided pursuant to the local finance
  law. Any moneys so raised by the town shall  be  paid  into  the  county
  treasury.
No such walk or path shall be constructed within the right of way of a
  state   highway,  unless  with  the  approval  of  the  commissioner  of
  transportation.  Necessary rights of way for any such sidewalk  or  path
  shall  be acquired by the county in the same manner as the rights of way
  are acquired for state highways as provided in this chapter. The cost of
  any such right of way shall be paid in the first instance by the  county
  from  any county moneys available and thirty-five per centum of the cost
  shall be a charge upon the town to be raised by tax as  a  part  of  the
  improvement.  Sidewalks or paths for pedestrians may also be constructed
  by a town along an improved state highway or part thereof in the  manner
  provided by section one hundred fifty-one of this chapter, but only with
  the  approval  of the commissioner of transportation given in the manner
  provided by this section, the provisions of  which  in  respect  thereto
  shall be deemed to apply to such town sidewalks.