N.Y. Highway Law Section 349-D
Application of law, rules, conditions and regulations

All provisions of this chapter and all rules, conditions and regulations by the commissioner of transportation that are consistent with the provisions of this article, shall be applicable to the performance of the acts herein specified, and, notwithstanding any inconsistent provisions of this chapter, or any other laws, general or special, the commissioner is authorized and empowered to carry out the provisions of this article and to perform and do such other and further acts not hereby specifically provided in this article as may be necessary hereunder, provided however that no public street, main route or thoroughfare or any portion thereof, that is designated in this article, shall be deemed to be a part of the system of highways of the state of New York for purposes of maintenance and repair, until (1) such public street, main route or thoroughfare or any portion thereof shall have been constructed, reconstructed or improved as provided in this article, and

(2)

such commissioner shall have issued an official order declaring such public street, main route or thoroughfare or any portion thereof, exclusive of service roads and intersecting street bridges, to be a part of such system of highways for such purposes of maintenance and repair. Such official order shall specify the date when the provisions thereof shall become effective, and shall be filed in the office of the department of transportation of the state of New York, and a certified copy thereof shall be filed (1) in the office of the department of state and (2) in the office of the clerk or of the official who performs the related functions of the city in which such public street, main route or thoroughfare or any portion thereof is located. Upon completion of such filing, all such provisions of this chapter and all such rules, conditions and regulations shall be applicable as stated in this section.

Source: Section 349-D — Application of law, rules, conditions and regulations, https://www.­nysenate.­gov/legislation/laws/HAY/349-D (updated Sep. 22, 2014; accessed Dec. 6, 2025).

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Verified:
Dec. 6, 2025

Last modified:
Sep. 22, 2014

§ 349-D. Application of law, rules, conditions & regulations's source at nysenate​.gov

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