2023 New York Laws › HAY - Highway › Article 6 - County Roads › 136 - Permits for Work Within the County Road Right of Way.

§ 136. Permits for work within the county road right of way. 1. Except
  in  connection  with  the  construction,  reconstruction, maintenance or
  improvement of a county road or operations of a corporation pursuant  to
  the   provisions   of   section   twenty-seven   of  the  transportation
  corporations  law  or  sections  twenty-one,  eighty-nine,   ninety-one,
  ninety-three,  ninety-three-a and ninety-three-b of the railroad law, no
  person, firm, corporation or municipality shall  construct  or  improve,
  within  the  county  road right of way an entrance or connection to such
  road, or construct within the  county  road  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 county superintendent  or  his
  duly  designated agent, notwithstanding any consent or franchise granted
  by any town superintendent, or by any  other  municipal  authority.  Any
  municipal  corporation may enter upon any county road 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 county superintendent such a sum of money or a security
  bond as may be required as a condition precedent to the granting of  the
  permit provided in this section.
2. The county superintendent 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 county 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
  county road and any proposed improvement thereto within  the  reasonably
  foreseeable  future,  and  any  standards governing access, nonaccess or
  limited access which have been established by the county superintendent.
3. Upon completion of the work within the county road  right  of  way,
  authorized   by   the   work  permit,  the  person,  firm,  corporation,
  municipality,  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.
4.  An  advertising  sign,  display  or  device,  or any part thereof,
  erected in violation of this section shall be removed  from  the  county
  road  right  of  way  by  the  owner  or  the  party responsible for its
  erection.  The county superintendent shall make a demand by mail, to the
  last known address of the owner, apparent owner or party responsible for
  the erection of such  advertising  sign,  display  or  device,  for  its
  removal  and, if it is not removed within twenty (20) days from the date
  of the mailing of such demand, the county superintendent may remove  any
  such  advertising sign, display or device, or any part thereof, from the
  county road right of way.
5. The term "county road 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 county for  county  road
  purposes,  all  property  over  which  the  county superintendent or his

  predecessors has assumed jurisdiction  for  county  road  purposes,  all
  property  over  which the county superintendent has assumed jurisdiction
  during the period of construction, reconstruction or improvement and all
  property  which  has  become  part  of  the  county  road system through
  dedication or use.
6. 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
  county  superintendent  and paid in to the county treasury to the credit
  of the county road fund created under this article for the construction,
  reconstruction and maintenance of county roads on the county road system
  in accordance with the provisions of  this  article,  and  may  also  be
  removed  therefrom  as  a  trespasser  by the county superintendent upon
  petition to the county court of the county or to the  supreme  court  of
  the state.