§ 1627 — Designation of qualifying highways and access highways

§ 1627. Designation of qualifying highways and access highways. (a)\nThe commissioner of transportation shall, for the purposes of this\nchapter, by rule or regulation, designate qualifying highways which\nshall be highways on the national system of interstate and defense\nhighways or federal-aid primary highways.\n (b) The department of transportation, for the purposes of this\nchapter, shall develop criteria to determine a highway providing access\nbetween qualifying highways and terminals, facilities for food, fuel,\nrepairs, and rest and, in addition, for points of loading and unloading\nfor household goods carriers. The department may, by order, rule or\nregulation, designate public highways within the state as access\nhighways. The department of transportation, upon the request of the\nlegislative body of any city or village, or of a county superintendent\nof highways, or of a town board may, by order, rule or regulation,\ndesignate other city or village streets, or county roads, or town\nhighways, respectively, as access highways. Before designating any\ncounty, town, city or village, street or highway as an access highway,\nthe commissioner of transportation shall notify the municipality having\njurisdiction over such street or highway of the need for such local\naccess road and solicit comments thereon. If objections to the\ndesignation are filed by the municipality having jurisdiction over a\nparticular street or highway, the commissioner of transportation shall\nset, as soon as practicable, a public informational meeting. If the\ncommissioner of transportation finds, after holding a public\ninformational meeting, that his proposed designation is proper and\nreasonable, prior to filing a notice of agency action he shall so notify\nthe municipality in writing setting forth his findings and\njustifications for such designation. The municipality shall have the\nright of judicial review pursuant to article seventy-eight of the civil\npractice law and rules.\n (c) In order to implement the provisions of this section, the\ncommissioner of transportation may issue a permit pursuant to\nsubdivision fifteen of section three hundred eighty-five of this chapter\nor may sign such public highways.\n