N.Y. Highway Law Section 52
Permits for work within the state highway right of way

Except in connection with the construction, reconstruction, maintenance or improvement of a state highway, no person, firm, corporation, municipality, or state department or agency shall construct or improve, within the state highway right of way an entrance or connection to such highway, or construct within the state highway right of way any works, structure or obstruction, or any overhead or underground crossing thereof, or lay or maintain therein underground wires or conduits or drainage, sewer or water pipes, except in accordance with the terms and conditions of a work permit issued by the commissioner of transportation or his duly designated agent, notwithstanding any consent or franchise granted by any town or county superintendent, or by any other municipal authority. Any municipal corporation may enter upon any state highway for the purpose of widening the pavement or for any other purpose authorized by this section, but only after securing a permit as provided herein. Notwithstanding the limitations in any general or special law, every municipal corporation shall have and is hereby given authority to deposit with the department of transportation, such a sum of money or a security bond as may be required by the commissioner of transportation as a condition precedent to the granting of the permit provided in this section. The commissioner of transportation shall establish regulations governing the issuance of highway work permits, including the fees to be charged therefor, a system of deposits of money or bonds guaranteeing the performance of the work and requirements of insurance to protect the interests of the state during performance of the work pursuant to a highway work permit. With respect to driveway entrance permits, the regulations shall take into consideration the prospective character of the development, the traffic which will be generated by the facility within the reasonably foreseeable future, the design and frequency of access to the facility, the effect of the facility upon drainage as related to existing drainage systems, the extent to which such facility may impair the safety and traffic carrying capacity of the existing state highway and any proposed improvement thereto within the reasonably foreseeable future, and any standards governing access, non-access or limited access which have been established by the department of transportation. Upon completion of the work within the state highway right of way, authorized by the work permit, the person, firm, corporation, municipality, or state department or agency, and his or its successors in interest, shall be responsible for the maintenance and repair of such work or portion of such work as set forth within the terms and conditions of the work permit. An advertising sign, display or device, or any part thereof, erected or maintained in violation of this section shall be removed from the state highway right of way by the owner or the party responsible for its erection and maintenance. The commissioner of transportation shall make a demand by mail, to the last known address of the owner, apparent owner or party responsible for the erection and maintenance of such advertising sign, display or device, for its removal and, if it is not removed within thirty days from the date of the mailing of such demand, the commissioner of transportation may remove any such advertising sign, display or device, or any part thereof, from the state highway right of way. Any such legally permitted, erected and maintained sign, display or device may be maintained by its owner in accordance with the provisions of this section upon the approval of the permit issuing office on the same terms and conditions as may exist for the granting of such approvals generally. Where such approvals are for permits to control vegetation, the permit issuing office shall approve no more than two hundred fifty permits per annum. The commissioner of transportation may also order the approval of additional permits to control vegetation on an individual basis upon demonstration of acute need. The term “state highway right of way” shall, for the purposes of this section, mean the entire width between the boundary line of all property which has been purchased or appropriated by the state for state highway purposes, all property over which the commissioner of transportation or his predecessors has assumed jurisdiction for state highway purposes, all property over which the commissioner of transportation has assumed jurisdiction during the period of construction, reconstruction or improvement and all property which has become part of the state highway system through dedication or use. Any person, firm or corporation violating this section shall be liable to a fine of not less than twenty-five dollars nor more than one thousand dollars for each day of violation to be recovered by the commissioner of transportation. All fees, fines or penalties collected or recovered by the commissioner pursuant to this section shall be deposited by the comptroller into the special obligation reserve and payment account of the dedicated highway and bridge trust fund established pursuant to section eighty-nine-b of the state finance law, excepting monies deposited with the state on account of betterments performed pursuant to subdivision twenty-seven or subdivision thirty-five of § 10 (General powers and duties of the commissioner of transportation relating to highways)section ten of this chapter.

Source: Section 52 — Permits for work within the state highway right of way, https://www.­nysenate.­gov/legislation/laws/HAY/52 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

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

Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 52’s source at nysenate​.gov

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