N.Y. Highway Law § 233: State bridges and culverts

§ 233. State bridges and culverts. 1. The commissioner shall cause an

inspection to be made of any state bridge or culvert which is reported

to be unsafe for its posted loading by the regional director or the

county superintendent or the town superintendent. If such bridge or

culvert is found to be unsafe for such posted loading, the commissioner

may cause the signs relating to the loading permitted on such bridge or

culvert to be modified and it shall be the duty of the regional director

in whose region such bridge or culvert is located to immediately make

such changes in the signs posted on the bridge or culvert as the

commissioner may order, and at the same time the regional director shall

notify those responsible for the maintenance of the bridge or culvert of

such action. After such inspection, the bridge or culvert shall have the

same status with respect to maintenance and liability as it had prior to

the inspection. Any inspection of a bridge performed pursuant to this

section shall be performed in accordance with the provisions of sections

two hundred thirty-one and two hundred thirty-two of this article.

2. The commissioner may, by an official order, close any state bridge

or culvert and notify the regional director, the county superintendent,

the town superintendent and the supervisor of the town of that fact, and

if such bridge or culvert is located in more than one town or county,

the county superintendent, town superintendent and supervisor of each

town, respectively, shall have like notice. After the closing of any

such bridge or culvert, the commissioner shall cause to be erected

conspicuous signs to the effect that the bridge or culvert is closed to

all traffic, and shall cause to be erected barricades of a type approved

by the commissioner. Neither the state nor any other public entity

shall be responsible for any damages which may result to any vehicle or

to any person entering on or traveling over such bridge or culvert after

the erection of such barricades and signs.

The commissioner may take over, by official order, any bridge or

culvert located on the state highway system, for the purpose of

repairing, altering or reconstructing the structure as provided in this

section, and shall thereupon notify the regional director, the county

superintendent of each county or counties and the town superintendent

and supervisor of each town or towns in which such bridge or culvert is

located by mailing to each of them a copy of said official order. Any

bridge or culvert, except as hereinafter provided, either closed or

taken over by official order as above authorized shall be maintained,

repaired, reconstructed, or a bridge or culvert constructed on new

location at the sole expense of the state from the time of such

condemnation or taking over, and the commissioner of transportation

shall supervise such maintenance, repair, reconstruction, or

construction of a new bridge or culvert on a new location, and may pay

the cost of same from any funds available for the maintenance, repair,

reconstruction and construction of state highways and bridges. The

commissioner is hereby authorized to make surveys and designs for any

bridge or culvert located on the state system of highways prior to its

being taken over by official order as authorized in this section, and

may pay the cost of same from any funds available for the maintenance,

repair, reconstruction and construction of state highways and bridges.

After the closing or taking over by official order of any bridge or

culvert located on the state system of highways, such bridge or culvert

shall be deemed to be a part of the highway on which such bridge or

culvert is located.

3. The commissioner may let contracts for the repairing, altering,

reconstruction, or constructing on new location, of any bridge or

culvert provided for by this section in accordance with the general

provisions of section thirty-eight of this chapter, except as

hereinafter provided. In the performance of work provided by this

section, the commissioner may perform the work by the use of

departmental forces and equipment, and purchase materials therefor.

4. Whenever a portion of a state bridge or culvert is located within

the bounds of a city and the commissioner determines that such bridge or

culvert should be repaired, altered or reconstructed for public use and

travel, he shall prepare plans and specifications therefor which shall

show subdivided estimate covering that portion of the bridge or culvert

located within such city boundaries and he shall submit such plans and

estimate to the city for its examination and the city shall report,

within fifteen days, to the commissioner with such recommendations or

modifications the city may desire. That portion of the bridge or culvert

lying without the city boundaries shall be built and paid for in

accordance with this section and that portion of the bridge or culvert

lying within the city boundaries shall be paid for wholly by the city.

Before advertising a contract for the construction of such a bridge or

culvert the commissioner shall submit to the city the amount of the

estimated cost of that portion of such bridge or culvert which is to be

paid for by the city and the city shall thereupon provide the money

therefor and shall deposit such amount with the state department of

audit and control to be paid out by it on the audit and warrant of the

comptroller on vouchers therefor approved by the commissioner. Any such

city is hereby authorized to provide the means for obtaining such money

including the raising of all or part of such sums pursuant to the local

finance law. The commissioner shall authorize and supervise the

maintenance of that portion of a bridge or culvert located within the

bounds of a city and shall pay for the cost of such maintenance in the

first instance from the funds available for the maintenance, repair,

reconstruction and construction of state highways and bridges, but the

city shall, within three months after the receipt of a detailed

statement from the commissioner showing the city's share of the cost of

such maintenance work, deposit money equal to the cost of such work with

the state. This subdivision shall not apply to bridges heretofore

acquired or constructed which have previously been maintained by the

state, nor to bridges built pursuant to special acts of the legislature.

Any bridge located partly within a city constructed and paid for solely

through the use of federal funds shall have the same status with respect

to maintenance and reconstruction as if such bridge had been constructed

under the provisions of this section without the use of such federal

funds, and any bridge located wholly within a city so constructed

through the use of such federal funds shall be maintained and

reconstructed at the sole expense of the city.

5. The commissioner of transportation may provide, in carrying out the

provisions of this section, for additional width of a bridge or culvert,

extra sidewalk facilities or approaches, more expensive design, or other

features not essential for highway traffic when so requested by the

local municipality or municipalities provided such local municipality or

municipalities defray the additional cost thereof in the same manner and

under the same provisions of the highway law that they defray additional

cost of widening or building more expensive types of pavements on

highways. In such cases, the local municipality or municipalities shall

petition by resolution for such betterment, and shall deposit the

necessary additional funds with the state comptroller in a manner

similar to that provided in section forty-six of this chapter.

6. The commissioner of transportation, when requested by a

municipality, public utility company, private corporation, or

individual, may provide facilities in bridge or culvert construction for

carrying conduits, cables, water pipes and the like. The expense of

installing such facilities shall be borne by the municipality, company,

corporation or person desiring the same, and the total estimated cost

thereof shall be as estimated or determined by the commissioner of

transportation prior to the award of a contract including the

construction of such facilities in the same manner as provided in

section forty-six of the highway law. The commissioner of transportation

may, except as to a public utility company having a franchise for the

use of such a public road or highway, require and is hereby authorized

to fix an annual rental price to be paid to the state by such

municipality, corporation, company or individual as compensation for the

use of said facilities, provided, and according to terms and conditions

as prescribed by him.

7. In reconstructing a bridge or culvert under this section, the

commissioner of transportation shall remove and dispose of all old

steel, masonry and lumber through his agent, employees, contractors, or

otherwise, unless the municipality or municipalities owning the bridge

or culvert notifies the commissioner of transportation in writing that

it desires to salvage such structure and will remove and dispose of the

same at a time and in a manner satisfactory to and as directed by the

commissioner of transportation.

8. In the construction of bridges or culverts, within the meaning of

this section, the right of way necessary for the construction of a

temporary road and a temporary bridge or culvert, if necessary, during

the construction of the new structure, shall be acquired in accordance

with the provisions of section thirty of the highway law, as hereinafter

provided.

9. In the construction of bridges or culverts within the meaning of

this section, the commissioner of transportation may provide one or more

sidewalks upon the same and upon the approaches thereto, when in his

judgment the pedestrian traffic is sufficient to warrant such provision.

10. The provisions of this section shall be deemed to include all work

upon the bridge, culvert, temporary bridge or temporary culvert,

abutments, piers and guard rails as well as approaches thereto as

defined and limited by the commissioner of transportation in each

specific case. It shall also be deemed to include all excavation work in

the stream channel, protection to the stream banks and other work

necessitated by the new bridge or culvert construction, all as the

commissioner of transportation shall determine.

11. The commissioner of transportation may provide in the construction

or reconstruction of state highways for the separation of highway grade

crossings thereon when in his judgment such separations are necessary

for the safety and public welfare of the users thereof. He may also

provide for the separation of highway grade crossings involving any

state highway with any state or county parkway or drive or with any

other public street, avenue or road in conjunction with such other

state, county or municipal authority having jurisdiction thereof under

such terms and conditions as the commissioner of transportation may

impose. Prior to the performance of any work involving an agency other

than those under his jurisdiction, the commissioner of transportation

shall enter into an agreement with the authority having jurisdiction

thereof and such agreement shall indicate the division of costs for the

construction and maintenance of the structure and appurtenances. In

providing for such separation of grades, the commissioner of

transportation may provide for the construction of bridges and lateral

drives deemed necessary and may combine such work with additional work

to be paid in whole or in part by other state departments, counties or

municipalities. The commissioner of transportation is hereby authorized

to defray the state's share of the cost of such grade separations from

any funds available for the maintenance, repair, reconstruction or

construction of state highways and for the construction of state

parkways. If such construction requires payment of state funds under

the jurisdiction of another state department, such department shall,

prior to the award of a contract providing for such construction,

certify to the state department of audit and control that it has

obligated an amount estimated as necessary therefor by the commissioner

of transportation. If such construction requires payment of funds from

any county treasury, the board of supervisors of such county shall, by

resolution, make available to the requisition of the commissioner of

transportation an amount estimated as necessary therefor by the

commissioner of transportation prior to the award of a contract

providing for such construction. If such construction requires payment

of funds from any other agency for any purpose connected with such

construction, such funds, based upon estimates prepared by the

commissioner of transportation shall be deposited prior to the award of

a contract providing for such construction with the state department of

audit and control to be paid out by the comptroller on vouchers therefor

approved by the commissioner of transportation. If upon the completion

of the work, a balance of funds so deposited with the department of

audit and control shall remain unexpended such balance shall be returned

to the agency making such deposit. In contract work, monthly estimates

shall be made as the work progresses which shall show the subdivision of

costs to the participating agencies on such form as the state

comptroller may determine, copies of which may be furnished such

agencies participating in the cost of the work. Cost of engineering

shall be deemed a participating part of the expense in the proportions

fixed by the commissioner of transportation .

12. Whenever in the construction, reconstruction or improvement of a

state highway it is found advisable to change the course of a stream

channel so that it will not cross and recross the highway but will cross

any public road, highway or street, the commissioner of transportation

may include in the highway construction or reconstruction or improvement

contract plans for the construction of a bridge or culvert and necessary

approaches thereto over said changed course of the stream channel to

carry any such public road, highway or street over such changed course

of the stream channel. The cost of the construction of such bridge or

culvert and the approaches thereto shall be paid by the state out of any

funds available for the maintenance, repair, reconstruction or

construction of state highways and bridges. After the completion and

acceptance of such bridge or culvert, the cost of the maintenance

thereof shall be under the authority of the agency having jurisdiction

over the public road, highway or street upon which such bridge or

culvert is located.

13. Any person or persons driving on a bridge or culvert located on

the state system of highways with loads in excess of the maximum loading

permitted on such bridge or culvert as shown by the signs posted

thereon, or who in any way causes damage to a bridge or culvert in

violation of the provisions of the highway law or the vehicle and

traffic law shall be liable for any damage resulting to the bridge or

culvert. The superintendent of public works may take over, by official

order, any bridge or culvert so damaged and it shall be his duty to make

the necessary repairs or reconstruct such bridge or culvert and he may

pay for the cost of same out of funds available for the maintenance,

repair, reconstruction and construction of state highways and bridges.

The superintendent of public works is hereby authorized to bring an

action in the name of the state against any person or corporation to

recover damages sustained or suffered or expenses incurred by the state

in consequence of any act or omission of any such person or corporation

in violation of any of the provisions of the highway law or the vehicle

and traffic law.