§ 52 — Permits for work within the state highway right of way

New York § 52

• Jurisdiction: New York
• Law HAY: Highway
• Art. 3: State Highways

Text

§ 52. Permits for work within the state highway right of way. Except\nin connection with the construction, reconstruction, maintenance or\nimprovement of a state highway, no person, firm, corporation,\nmunicipality, or state department or agency shall construct or improve,\nwithin the state highway right of way an entrance or connection to such\nhighway, or construct within the state highway right of way any works,\nstructure or obstruction, or any overhead or underground crossing\nthereof, or lay or maintain therein underground wires or conduits or\ndrainage, sewer or water pipes, except in accordance with the terms and\nconditions of a work permit issued by the commissioner of transportation\nor his duly designated agent, notwithstanding any consent or franchise\ngranted by any town or county superintendent, or by any other municipal\nauthority. Any municipal corporation may enter upon any state highway\nfor the purpose of widening the pavement or for any other purpose\nauthorized by this section, but only after securing a permit as provided\nherein. Notwithstanding the limitations in any general or special law,\nevery municipal corporation shall have and is hereby given authority to\ndeposit with the department of transportation, such a sum of money or a\nsecurity bond as may be required by the commissioner of transportation\nas a condition precedent to the granting of the permit provided in this\nsection.\n The commissioner of transportation shall establish regulations\ngoverning the issuance of highway work permits, including the fees to be\ncharged therefor, a system of deposits of money or bonds guaranteeing\nthe performance of the work and requirements of insurance to protect the\ninterests of the state during performance of the work pursuant to a\nhighway work permit. With respect to driveway entrance permits, the\nregulations shall take into consideration the prospective character of\nthe development, the traffic which will be generated by the facility\nwithin the reasonably foreseeable future, the design and frequency of\naccess to the facility, the effect of the facility upon drainage as\nrelated to existing drainage systems, the extent to which such facility\nmay impair the safety and traffic carrying capacity of the existing\nstate highway and any proposed improvement thereto within the reasonably\nforeseeable future, and any standards governing access, non-access or\nlimited access which have been established by the department of\ntransportation.\n Upon completion of the work within the state highway right of way,\nauthorized by the work permit, the person, firm, corporation,\nmunicipality, or state department or agency, and his or its successors\nin interest, shall be responsible for the maintenance and repair of such\nwork or portion of such work as set forth within the terms and\nconditions of the work permit.\n An advertising sign, display or device, or any part thereof, erected\nor maintained in violation of this section shall be removed from the\nstate highway right of way by the owner or the party responsible for its\nerection and maintenance. The commissioner of transportation shall make\na demand by mail, to the last known address of the owner, apparent owner\nor party responsible for the erection and maintenance of such\nadvertising sign, display or device, for its removal and, if it is not\nremoved within thirty days from the date of the mailing of such demand,\nthe commissioner of transportation may remove any such advertising sign,\ndisplay or device, or any part thereof, from the state highway right of\nway. Any such legally permitted, erected and maintained sign, display or\ndevice may be maintained by its owner in accordance with the provisions\nof this section upon the approval of the permit issuing office on the\nsame terms and conditions as may exist for the granting of such\napprovals generally. Where such approvals are for permits to control\nvegetation, the permit issuing office shall approve no more than two\nhundred fifty permits per annum. The commissioner of transportation may\nalso order the approval of additional permits to control vegetation on\nan individual basis upon demonstration of acute need.\n The term "state highway right of way" shall, for the purposes of this\nsection, mean the entire width between the boundary line of all property\nwhich has been purchased or appropriated by the state for state highway\npurposes, all property over which the commissioner of transportation or\nhis predecessors has assumed jurisdiction for state highway purposes,\nall property over which the commissioner of transportation has assumed\njurisdiction during the period of construction, reconstruction or\nimprovement and all property which has become part of the state highway\nsystem through dedication or use.\n Any person, firm or corporation violating this section shall be liable\nto a fine of not less than twenty-five dollars nor more than one\nthousand dollars for each day of violation to be recovered by the\ncommissioner of transportation. All fees, fines or penalties collected\nor recovered by the commissioner pursuant to this section shall be\ndeposited by the comptroller into the special obligation reserve and\npayment account of the dedicated highway and bridge trust fund\nestablished pursuant to section eighty-nine-b of the state finance law,\nexcepting monies deposited with the state on account of betterments\nperformed pursuant to subdivision twenty-seven or subdivision\nthirty-five of section ten of this chapter.\n