N.Y. Highway Law Section 49
Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town

The board of supervisors of any county may request of the department an estimate of the additional cost of improving a state highway to a width or in a manner, or both, as desired by such board. The department shall as soon as practicable make an estimate of such additional cost and transmit the same to the board of supervisors, and the board of supervisors may thereupon by resolution petition the commissioner of transportation to provide the width and type of improvement desired. The expense caused by the increased width or the type of improvement, or both, shall be borne wholly by the county, or, in the discretion of the board of supervisors of any county, and with the consent of the appropriate board of any city, village or town in which the road is located, the expenses may be apportioned between such county and such other municipality or municipalities, in such proportion as may be agreed to. Whenever plans and specifications have been approved providing for such increased width or such type of improvement, or both, an estimate of the cost of such increased width or type of improvement, or both, shall be submitted to the board of supervisors, which, if it approve such plans, specifications and estimate of cost, shall, by resolution, duly adopted by a vote of a majority of all of the members of such board, appropriate the funds necessary to provide therefor; and such funds shall be made available for the commissioner of transportation in the manner provided in this article.

Source: Section 49 — Improvement of state highways at expense of county or at the joint expense of such county and any city, village or town, https://www.­nysenate.­gov/legislation/laws/HAY/49 (updated Sep. 22, 2014; accessed Feb. 15, 2025).

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
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Accessed:
Feb. 15, 2025

Last modified:
Sep. 22, 2014

§ 49’s source at nysenate​.gov

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