New York Railroad Law
Fences Along Road Operated by Electric Third Rail
52-a. Fences along road operated by electric third rail. Notwithstanding the provisions of section fifty-two or of any other law, general or special, within a city containing a population of over one million inhabitants according to the last preceding federal census or state enumeration, every railroad corporation operating a railroad deriving its motive power in whole or in part from an electrified third rail shall erect and thereafter maintain a fence or fences along the boundary line of its right of way contiguous and adjacent to a public highway running generally parallel to or terminating at such boundary line whenever the commissioner of transportation after a hearing on notice to such railroad corporation shall determine it to be necessary for the public welfare and shall by order so direct. The order of the commissioner of transportation may prescribe the height, length, materials and design of such fence or fences.