N.Y. Highway Law Section 129
Maintenance and apportionment of cost

Notwithstanding any other provisions of law, the maintenance of roads improved under the provisions of this article shall be the responsibility of the county under the jurisdiction of the county superintendent of highways. Notwithstanding any other provisions of law, the cost of such maintenance may be paid by the county from any funds in such county that are available and that may be legally used for highway or road purposes or from county funds raised, provided and appropriated therefor, in the same manner as it raises, provides and appropriates moneys for the construction of a road or highway under the provisions of sections one hundred and ninety-four and one hundred and ninety-five of this chapter; or, notwithstanding any other provision of law, the cost of such maintenance may be paid from the county road fund. In either case the county may apportion such cost of maintenance between it and the local municipalities in which such road or highway is located, and the amounts to be so borne by the county and the local municipalities, respectively, may be raised and provided in the same manner as money is raised and provided under sections one hundred and ninety-four and one hundred and ninety-five of this chapter for the construction or improvement of a road or highway where the cost thereof is apportioned between the county and a town or towns; or, such cost of maintenance, as apportioned, may be paid by the county and local municipalities, respectively, from any funds in such county and local municipalities, respectively, that are available and that may be legally used for highway, road or street purposes. The term “improved roads” as used in this section shall be deemed to refer to and mean highways or roads with a pavement of substantial character sufficient to afford a hard driving surface at all seasons of the year and which can be efficiently maintained at all times.

Source: Section 129 — Maintenance and apportionment of cost, https://www.­nysenate.­gov/legislation/laws/HAY/129 (updated Sep. 22, 2014; accessed Jul. 26, 2025).

110
Definitions 111
Payment and apportionment of cost among counties and towns 113
Annual statement of cost 114
Sources and use of county road fund moneys 115
Preparation of map showing proposed county road system 115–A
Abandonment of unused portions of town highways on county road system 115–B
Removal of road or part of road from county road system 115–C
Notice to municipalities where county roads are abandoned or revert to such municipalities 116
Statement and approval of proposed work 117
Construction and reconstruction of county roads 117–A
Highways in villages in Niagara county 117–B
Controlled-access highways in counties 117–C
Hawking, peddling, vending, sale of goods, wares or merchandise 117–D
Pedestrian overpass to be designated as the “Jennifer Bolender Memorial Overpass” 117–E
Pedestrian overpass to be designated as the “Police Officer Robert McLellan Memorial Overpass” 118
Acquisition by counties of lands for right-of-way and other purposes 118–A
Abandoning of parts of county highways 118–B
Entry upon lands by county superintendent 119
Purchase of lands 120
Petition to acquire lands 121
Commissioners of appraisal to be appointed 122
Duties of commissioners of appraisal 123
County treasurer to pay awards 125
Land may be sold or leased 126
Awarding of contracts 127
Payments from the county road fund 129
Maintenance and apportionment of cost 130
Bridges on county road system 131
County roads of additional width and increased cost at expense of village 131–A
Application 131–B
County highways and bridges 131–C
Location and construction of bridges 131–D
Construction by county of destroyed bridges 131–E
Bridges over county lines 131–F
Streets outside cities 131–G
Regulation of toll rates 131–H
Separate highway districts in certain counties 131–I
Boundary lines 131–J
Development of highways and other improvements in certain counties 131–K
County aid for construction and improvement of certain public highways and bridges in municipalities 133
Machinery, tools, equipment, implements, materials and supplies 133–A
Rental or hiring of county highway machinery, tools or equipment 134
Purchases by county purchasing agent 135
Snow removal, and cutting of weeds 135–A
Control of snow and ice conditions on county roads 136
Permits for work within the county road right of way 137
Maintenance of certain highways by a county 138
Bridge between Saratoga county and Warren county to be designated as the "Irving H 139
County liable for injuries caused by defective highways and bridges 139–A
Presentation of claims for torts
Green check means up to date. Up to date

Verified:
Jul. 26, 2025

Last modified:
Sep. 22, 2014

§ 129. Maint. & apportionment of cost's source at nysenate​.gov

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