N.Y. Highway Law Section 46
State highways in villages


A state highway may be constructed, reconstructed or improved through a village so as to form a continuous highway on the state highway system. Such highway within a village shall be of such width and type of construction as the commissioner of transportation deems to be adequate. Notwithstanding any inconsistent provision of this chapter, the commissioner of transportation is also authorized to construct, reconstruct or improve as a state highway any street within any village which has been or which may hereafter be built by the state as part of the state highway system. Notwithstanding the provisions of any general, special or local law or any inconsistent provision of this chapter, the plans, specifications and estimate of cost of such construction, reconstruction or improvement provided in this section, may, in the discretion of the commissioner of transportation, include the installation, construction, reconstruction and improvement of curbs, drainage facilities and retaining walls to protect pavements; the removing, relocating, constructing, reconstructing and improving any existing structures, facilities and appurtenances owned by any municipality and removing, relocating, constructing, reconstructing and improving sidewalks and intersecting highways, roads or streets to accommodate adjusted or changed grades of highways, roads, or streets in the interest of public safety; all in addition to the relevant provisions of this chapter that relate to the preparation of plans, specifications and estimates for the construction, reconstruction and improvement of state highways. For all the purposes of this section, the jurisdiction of the commissioner of transportation shall extend over the entire property affected by the provisions hereof during the period of construction, reconstruction or improvement, as such jurisdiction has been obtained or may hereafter be obtained pursuant to the provisions of this chapter. After the completion and acceptance of the work of constructing, reconstructing or improving of a state highway passing through a village, the state shall maintain and have jurisdiction over the pavement area of such highway and may assume maintenance responsibility and have jurisdiction over such other highway right of way areas as the commissioner of transportation shall determine, by official order, are necessary for the maintenance and protection of such highway facility. No additional points of access to, or exit from, such highway facility shall be made without prior written approval by the commissioner of transportation. Any sidewalks, sewers,, water mains, curbs, paved gutters, conduits, facilities and appurtenances that are provided pursuant to this section, shall be maintained or shall be continued to be maintained, as the case may be, by the village in which they are located, or by the agency or other unit owning or having control and jurisdiction thereof except the state shall maintain any drainage ditches and storm sewer facilities which are constructed primarily to service the state highway facility. If a greater width or different type of construction is desired by the municipality, the board of trustees of such village shall by resolution petition the commissioner of transportation to provide the width and type of construction desired. The additional expense caused by the increased width or different type of construction or both shall be borne wholly by the village. The commissioner of transportation may provide for the width and type of construction described in such petition, if the commissioner deems the filing of such petition to be timely and the construction described therein to be practicable. Whenever the commissioner of transportation shall have approved such a village petition, the plans, specifications and estimates of cost, together with an estimate showing the additional cost to be borne by the village, to provide for the greater width or different type of construction or both, shall be submitted to the board of trustees which, if it approve such plans, specifications and estimate of additional cost, shall by resolution appropriate the funds necessary to provide for the portion of the cost of construction to be borne by the village. Such funds shall, prior to the award of the contract, be deposited by the village with the state comptroller subject to the draft or requisition of the commissioner of transportation, and a certified copy of the resolution shall be filed with the commissioner of transportation and with the state comptroller. The moneys so required shall be raised by tax or pursuant to the local finance law. Upon the completion of a highway within a village where a portion of the cost is borne by the village, the commissioner of transportation shall transmit to the board of trustees a statement showing the actual costs of the additional width or changed construction including a proportionate charge for engineering, and shall notify the village clerk that he will accept the work within twenty days from the date of such notice, unless protest in writing against the acceptance shall be filed by such clerk with the commissioner of transportation. In the event a protest is filed, the commissioner of transportation shall hear the same and if it is sustained the commissioner of transportation shall delay the acceptance of the highway or section thereof until the same be properly completed. If no protest is filed, the highway or section thereof shall at the expiration of the said twenty days be deemed finally completed and accepted on behalf of the village and the state, and shall thereafter be maintained in the manner provided in this chapter for the maintenance and repair of state highways. The provisions of the village law, special village charters and other general or special laws relative to the pavement or improvement of streets and the assessment and payment of the cost thereof shall apply, as far as may be, to such additional construction and the assessment and payment of the cost thereof, except that the provisions of any general or local act affecting the pavement or improvement of streets or avenues in any village and requiring the owners, or any of the owners, of the frontage on a street to consent to the improvement or pavement thereof, or requiring a hearing to be given to the persons who, or whose premises, are subject to assessment, upon the question of doing such paving or making such improvement shall not apply to the portion of the improvement or pavement of a state highway the expense for which is required to be paid by the village to the state.

Source: Section 46 — State highways in villages, https://www.­nysenate.­gov/legislation/laws/HAY/46 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

29
Property for highways, bridges and other highway uses and purposes to be acquired by acquisition
30
Acquisition by the state of property required for the construction and reconstruction of state highways and structures thereon
31
Exchange of reservation lands of the Seneca Nation of Indians
38
Contracts for construction or improvement of highways
39
Patented material or articles
40
Authority of commissioner of transportation with respect to the performance of contracts for construction, reconstruction or improvement ...
41
Maintenance of highways after preliminary work pending permanent paving
42
Maintenance of detours during construction
42‑A
Establishment of temporary detours when state highways are being maintained or repaired
43
Intersections, grading and paving on county roads and town highways at intersection with and during construction or reconstruction of sta...
44
Acceptance of state highways when completed
45
Entry upon adjacent lands and streams
46
State highways in villages
47
Connecting highways in villages
48
State highways of additional width and increased cost at expense of town
49
Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town
50
Petition for improvement of highway where a street surface railroad is laid
51
Repair of highways at railroad crossings
52
Permits for work within the state highway right of way
53
Highways and bridges on Indian reservations
53‑A
Highways on Indian reservations
54
Sidewalks along improved state highways
54‑A
Reestablishment of approaches to private lands
55
Emergency aid for control of snow and ice in municipalities
56
State to maintain roads improved by state appropriations under special laws
57
Maintenance by state of canal bridge approaches
58
Liability of state for damages
59
Additional width, different type of construction or other additional work under repair or reconstruction contracts
60
Sprinkling
61
Payment by counties of a portion of the cost of construction under repair contracts
62
Improvement of alignment and of dangerous conditions on repair work
63
Discontinuance of part of highway due to grade crossing elimination
64
Maintenance by state of certain improved roads and highways
65
Lands may be sold or leased
66
Replacement water sources

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 46’s source at nysenate​.gov

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