2023 New York Laws › HAY - Highway › Article 12 - State Routes › 340-B - Construction, Improvement and Maintenance of State Interstate Highways.

§ 340-b. Construction, improvement and maintenance of state interstate
  highways.  1. The highway routes and connections set forth and described
  in section three hundred forty-a of the highway law shall be  designated
  "interstate  highways" and shall be constructed or improved according to
  such  designs  and  types  as  determined   by   the   commissioner   of
  transportation,  subject to the provisions of federal aid therefor. Each
  interstate highway shall ultimately provide for not less than two  lanes
  of  traffic  in  each  direction.  Opposing  traffic  on every completed
  interstate highway shall ultimately be separated by a mall generally  or
  the commissioner of transportation may separate such opposing traffic by
  such  other  alignment  of  respective  lanes  of  traffic which, in his
  judgment, is practicable,  because  of  topographic  conditions  and  is
  beneficial  to the public interest. 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. Any state highway,
  frontage, marginal and service road or portion thereof may  be  utilized
  and  become  a  part  of  any  interstate highway when authorized by the
  commissioner of transportation, provided such highway or portion thereof
  either meets the prescribed requirements of an interstate highway or  is
  appropriately  altered so as to come within such requirements before its
  incorporation into the interstate highway. Access or branch  connections
  from  any such interstate highway 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. For any portion or section of  an  interstate  highway
  authorized  within  the  corporate  limits of a city, provision shall be
  made for access thereto from existing streets at  points  designated  by
  the  commissioner  of  transportation.  After  the  establishment of any
  interstate highway no additional points of access to, or exit from,  the
  project  shall  be  made  without  prior approval by the commissioner of
  transportation and the federal bureau of public roads. The  commissioner
  of transportation may set monuments on the boundaries of such interstate
  highways,  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 interests of public  safety.  The  maintenance
  and  repair of interstate highways shall include the control of snow and
  ice and shall be done by forces of the department of  transportation  or
  by such other method or methods as determined by the commissioner, under
  his  direct  supervision  and control and any inconsistent provisions of
  this  chapter  are  superseded  insofar  as  they  conflict  with   this
  provision. The cost of such maintenance and repair shall be borne wholly
  by  the  state  and be paid for from moneys appropriated therefor by the
  legislature. The maintenance of any highway, road  or  street  which  is
  affected  by  this section and which in the judgment of the commissioner
  of transportation is not deemed to be a part of the state highway system
  shall be maintained by the municipality or the municipalities  in  which
  all or part thereof is located.
2.  The  commissioner  of transportation is authorized to classify any
  part of an interstate highway as a controlled access highway pursuant to
  this chapter. Highway and railroad grade crossings  shall  be  separated
  generally  by  structures  to  be  determined  by  the  commissioner  of
  transportation, who is  hereby  given  authority  to  combine,  connect,
  alter,   reconstruct,   terminate  or  relocate  intersecting  highways,
  streets, or roads to adjust traffic to such grade separation  structures
  or  any  portion of an interstate route or connection. In the discretion

  of the commissioner of transportation, a structure may be constructed to
  eliminate an existing crossing at grade of  a  railroad  and  a  highway
  which  intersects or closely parallels an interstate highway. The entire
  cost  of  structures  constructed  pursuant  to  this  paragraph  as  so
  determined by the commissioner of transportation shall  be  included  in
  the  cost  of the interstate highway. Structures constructed pursuant to
  this paragraph shall be maintained and repaired by the  state.  Highways
  combined,  connected,  altered, reconstructed, relocated or carried over
  or  under  an  interstate  highway  section  or  connection,  under  the
  provisions of this paragraph, shall, upon completion of the work, revert
  to  and become the responsibility with regard to maintenance and repair,
  of the  state,  municipality,  authority,  commission  or  other  public
  agency, as the case may be, formerly having jurisdiction thereover.
3.  Notwithstanding any inconsistent provisions of this chapter or any
  other  law,  general  or  special,  any  and  all  property  which   the
  commissioner  of  transportation  deems  necessary for the construction,
  reconstruction  and  maintenance  of  interstate  highways  and  bridges
  thereon  shall  be acquired pursuant to the provisions of any section or
  sections of this chapter applicable to the acquisition of land or rights
  and interests therein, and for  the  settlement  of  claims  for  damage
  resulting  from the work of constructing, reconstructing and maintaining
  such interstate highways. The commissioner of  transportation,  for  the
  people of the state of New York, shall acquire pursuant to the aforesaid
  procedures  any  property or interest therein, necessary for any and all
  purposes connected with the construction, reconstruction and maintenance
  of the interstate highway system of the state of New York, including the
  appropriation of property for drains, ditches, spoil banks, gravel pits,
  stone quarries, storehouses and repair shops; also for  the  removal  of
  obstructions,  improvement  of sight distance; also for appropriation of
  property for the reconstruction of existing highway-railroad  separation
  structures  upon incorporation into an interstate highway of an existing
  highway or portion thereof of which  they  form  a  part,  and  for  the
  separation  of  interstate  highway-railroad  grades  on  newly laid-out
  interstate highways; and for other purposes to improve safety conditions
  on the interstate highway routes. The term "property" as  used  in  this
  section  is defined to include lands, waters, rights in lands or waters,
  structures, franchises and interests  in  land,  including  lands  under
  water  and  riparian  rights,  and  any  and all other things and rights
  usually included within the said term and  includes  also  any  and  all
  interests  in  such  property  less  than  full title, such as easements
  permanent or temporary, rights-of-way, uses, leases,  licenses  and  all
  other  incorporeal  hereditaments  and  every  estate, interest or right
  legal or equitable.
4. If moneys of the  federal  government  are  or  may  reasonably  be
  expected  to  be available therefor, under federal aid highway acts, the
  commissioner of transportation is authorized to use such  moneys  or  so
  much  thereof  as  he  may  determine  to  accept,  together  with other
  available  moneys,  for  (a)  the  construction  and  reconstruction  of
  interstate  highways  designated  and described in section three hundred
  forty-a  of  this  chapter,  (b)   the   construction,   reconstruction,
  alteration  or repair, pursuant to the provisions of section two hundred
  thirty of this chapter,  of  bridges  and  culverts  on  the  interstate
  highway  system,  and (c) the preparation of preliminary surveys, plans,
  specifications and estimates of costs in  connection  with  any  of  the
  foregoing,  and  (d) the acquisition of rights of way necessary for such
  interstate highways. The commissioner of transportation may perform such
  work with respect to  any  interstate  project  which  he  may,  in  his
  discretion,  select.  The proportion of the total cost of work performed

  on any interstate project, in addition to such elements thereof  as  are
  not  subject  to  federal  aid, which shall be borne by the state of New
  York shall be the difference between the funds contributed for such work
  by  the federal government and the actual cost thereof. No city shall be
  required to participate in the costs of an interstate  highway  project,
  whether  or  not  the  alignment  coincides  with  the  alignment  of  a
  previously approved arterial route, except for  those  costs  which  are
  incurred  under any special cooperative agreement between a city and the
  state.
5. a. Any property in the city of New York  which  is  deemed  by  the
  commissioner  of  transportation  to  be necessary for the construction,
  reconstruction and maintenance of interstate highways shall be  acquired
  and  may  be  disposed  of  by  him pursuant to applicable provisions of
  section thirty of this chapter.
b. In any case in which property is to  be  acquired  or  disposed  of
  pursuant  to  the  provisions  of this subdivision and in any case where
  property  is  created  by  landfill   adjoining   such   property,   the
  commissioner of transportation shall, prior to any proposed acquisition,
  disposition  or new or different utilization, development or improvement
  thereof, notify the city planning commission and the community board  in
  each  community  district  in  which  the  property  is  located of such
  proposal. Such notice shall be given so as to afford the  city  planning
  commission and the community board reasonable opportunity to: (1) notify
  the  public  of  the proposal; (2) conduct a public hearing thereon; and
  (3) prepare and  submit  any  written  recommendations  thereon  to  the
  commissioner of transportation not later than sixty days after notice of
  the contents of the proposal.
Within  a  reasonable time after receipt of any recommendations of the
  city planning commission or community board or  the  expiration  of  the
  time  within  which  any  such  recommendation could have been made, the
  commissioner shall notify the commission and  respective  board  of  the
  contents  of  his resulting proposal.   If any of the items contained in
  the resulting proposal were  not  available  for  consideration  by  the
  commission  or  board  within  the  time  provided  for  the  making  of
  recommendations  thereon  the  resulting  proposal  shall  constitute  a
  different  proposal  and  as  such  shall  be  subject  to the foregoing
  provisions.
The provisions of this paragraph b  shall  only  be  applicable  to  a
  proposal  by  the  commissioner of transportation which if proposed by a
  city agency or instrumentality would be subject  to  the  provisions  of
  section  one  hundred  ninety-seven-c  of  the  New  York  city charter.
  Provided, however, that the provisions of this paragraph b shall not  be
  applicable  to  any  portion  of such property acquired, disposed of, or
  created by landfill which is to be utilized exclusively as an interstate
  highway so long as such utilization will not  detrimentally  affect  the
  utilization,  development  or  improvement of remaining portions of such
  property.
c. Upon the completion of construction by the state of  a  section  or
  sections   of   interstate  highways  in  the  city  of  New  York,  the
  commissioner  of  transportation  may   by   official   order   transfer
  jurisdiction   for  maintenance  of  interstate  highways  or  completed
  portions thereof to the appropriate agency of the city of New York.
5-a. The commissioner of transportation and  the  city  of  New  York,
  acting  through the mayor or other administrative head thereof, pursuant
  to a resolution of the governing body of such city,  are  authorized  to
  enter into a written agreement for the maintenance and repair, under the
  supervision   and  subject  to  the  approval  of  the  commissioner  of
  transportation, of any state  interstate  highway  or  portion  thereof,

  exclusive  of service roads and pavement on intersecting street bridges,
  which is within the boundaries of such city and which is  now  or  which
  shall  hereafter  be designated in section three hundred forty-a of this
  chapter  and  which  has  been  constructed  or  which  shall  have been
  constructed as authorized by  section  three  hundred  forty-a  of  this
  chapter. Such agreement may provide that the state shall pay annually to
  such  city  a  sum  to  be  computed  at  the  rate of (a) not more than
  eighty-five cents per square yard of the pavement area that is  included
  in the state highway system according to the provisions of this section,
  and  (b)  an  additional ten cents per square yard of such pavement area
  where such pavement area is located on any elevated bridge.
The maintenance and repair, as provided in this section, shall be done
  either by the forces of such city and with  its  equipment,  or  by  its
  contractor, or by a combination of these two methods.
Such  agreement  for  maintenance  and  repair  as  authorized by this
  section, shall include the procedure and method for regulation of street
  openings, and  appropriate  provisions  for  the  care,  protection  and
  patching  of  the  pavement  or  pavements,  and  curbs,  the  care  and
  protection of drainage facilities and  structures,  the  maintenance  of
  adjacent  roadside  and  landscaped  areas to include the care of trees,
  shrubs and groundcovers and the cutting of grass at specified  locations
  and   to  the  extent  as  shall  be  deemed  by  such  commissioner  of
  transportation to be for the best interest of  the  public,  control  of
  snow  and  ice  on  any such state interstate highway or portion thereof
  included in such agreement, the performance of repairs and  alterations,
  and  the  operation  and  care of traffic lights, directional guides and
  controls, and parking controls.   Such maintenance and  repair,  whether
  done by the city pursuant to an agreement therefor as authorized by this
  section,  or  by  the state because of the absence of such agreement, as
  the case may be, shall not include (a) services of  lighting,  cleaning,
  sweeping  and sprinkling of any such state interstate highway or portion
  thereof, all of which services are deemed to be the  normal  maintenance
  of  streets  by  the  city,  or  (b)  any  work on or in connection with
  subsurface installations and structures that are owned and  operated  by
  the city, including sanitary sewers, gas mains, water lines and conduits
  and appurtenances thereto.
6.  All  the provisions of this chapter relating to state highways and
  state arterial highways and not inconsistent with the provisions of this
  section or with  the  provisions  of  the  federal-aid  highway  act  of
  nineteen   hundred   fifty-six,  shall  apply  to  the  construction  or
  improvement and the control of maintenance of interstate highways in the
  same manner as though they were designated as state highways or arterial
  highways.