N.Y. Highway Law Section 346
Distinctive requirements of state thruways

Highways constructed, improved or reconstructed, and maintained as prescribed in this article, shall be designated “state thruways” and bridges thereon shall be deemed a part thereof. Each state thruway, except the Niagara thruway and the New England thruway, shall be constructed, improved or reconstructed on a right of way of such width as the commissioner of transportation may determine, provided, however, that such width shall be not less than two hundred feet, except in any location where, in the judgment of the commissioner of transportation, such minimum width shall be deemed to be impracticable. The commissioner of transportation shall set monuments on the boundaries thereof, 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 interest of public safety. Notwithstanding the provisions of any general, special or local law or of any inconsistent provision of this chapter, the maintenance of state thruways shall include the control of snow and ice. Such maintenance shall be done by the method or methods provided in this chapter for the maintenance of improved state highways in towns and incorporated villages. Whenever funds are provided therefor, the commissioner of transportation shall have power to acquire for the state, by purchase or by appropriation through the procedure specified in § 30 (Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon)section thirty of this chapter property for the purpose of providing, erecting and maintaining thereon storehouses and repair shops for the storing of supplies and material and for the storing, repairing and maintaining of equipment, machinery, tools and implements; and of constructing and maintaining such storehouses and repair shops. Pursuant to any statutes in such cases made and provided, the superintendent of state police shall exercise jurisdiction and control over the user and the vehicular traffic upon state thruways in accordance with generally established as well as special traffic regulations, which shall be invoked immediately upon the opening to the public of any state thruway or section thereof by the issuance of an official order for such opening by the commissioner of transportation and the delivery of a certified copy thereof by him to the superintendent of state police. The commissioner of transportation shall have power to acquire by appropriation by the method contained in this article, property for the purpose of providing, and also to construct or reconstruct thereon suitable housing and other facilities and appurtenances for members of the division of the state police who shall be engaged in exercising such jurisdiction and control. Upon approval by the director of the budget, the cost of such property and of such construction or reconstruction shall be paid from funds available for construction, reconstruction or improvement of state highways and thruways as part of the cost thereof. The commissioner of transportation is authorized to classify any part of a state thruway as a controlled access highway pursuant to this chapter, when the construction thereof is done on a location where no public highway theretofore existed. Highway and railroad grade crossings shall be eliminated generally by structures to be determined by the commissioner of transportation, who is hereby given authority to combine or relocate intersecting highways, streets, or roads to adjust traffic to such grade separation structures, except that the grade crossing elimination structures involved in public service commission cases number fifty-four hundred seventy-two and nine thousand fifty-eight shall remain under the jurisdiction of such commission or its successor. The entire cost of such structure as so determined by the commissioner of transportation shall be included in the cost of the thruway. Telephone and telegraph wires, power transmission and gas, oil and water lines, conduits, cables of every kind and nature, that cross any thruway may, in the discretion of the commissioner of transportation, be relocated in suitable facilities to be installed under or over and across any such thruway. The expense of such relocation and of installing such facilities shall be deemed to be part of the cost of the thruway. The work of such relocation may be done by the owner of such wires, lines, conduits and cables, and the commissioner of transportation is hereby empowered to enter into an agreement with such owner for the performance of all or any part of the work of such relocation at the expense of the state. 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. Access or branch connections from any thruway 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 notwithstanding the distinctive requirements of this section. Each state thruway shall provide for not less than two lanes of traffic in each direction. Opposing traffic on every completed state thruway shall be separated by a mall generally or, the commissioner of transportation may separate such opposing traffic by such other alignment of the respective lanes of traffic which, in the judgment of the commissioner of transportation is practicable because of topographic conditions and is beneficial to the public interest. Rights of way for state thruways shall be acquired by the state as provided in § 347 (Property for state thruways, bridges thereon, and other thruway uses and purposes to be acquired by appropriation)section three hundred forty-seven of this chapter. Any state highway or portion thereof may be utilized and become a part of any state thruway when authorized by the commissioner of transportation, provided such highway or portion thereof either meets the prescribed requirements of a state thruway or is appropriately altered so as to come within such requirements before its incorporation into the thruway. Similarly, any portion of a state thruway may be constructed in whole or in part and utilized as a part of the state highway system pending the completion of the thruway when so determined by the commissioner of transportation and funds are provided for such construction.

Source: Section 346 — Distinctive requirements of state thruways, https://www.­nysenate.­gov/legislation/laws/HAY/346 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

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Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 346’s source at nysenate​.gov

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