N.Y. Highway Law § 346: Distinctive requirements of state thruways

§ 346. Distinctive requirements of state thruways. Highways

constructed, improved or reconstructed, and maintained as prescribed in

this article, shall be designated "state thruways" and bridges thereon

shall be deemed a part thereof. Each state thruway, except the Niagara

thruway and the New England thruway, shall be constructed, improved or

reconstructed on a right of way of such width as the commissioner of

transportation may determine, provided, however, that such width shall

be not less than two hundred feet, except in any location where, in the

judgment of the commissioner of transportation, such minimum width shall

be deemed to be impracticable. The commissioner of transportation shall

set monuments on the boundaries thereof, and he may cause fences to be

erected along or adjacent to such boundaries and he is authorized to

install suitable lighting, directional and protective facilities,

devices, and appurtenances, if he deems it necessary in the interest of

public safety.

Notwithstanding the provisions of any general, special or local law or

of any inconsistent provision of this chapter, the maintenance of state

thruways shall include the control of snow and ice. Such maintenance

shall be done by the method or methods provided in this chapter for the

maintenance of improved state highways in towns and incorporated

villages. Whenever funds are provided therefor, the commissioner of

transportation shall have power to acquire for the state, by purchase or

by appropriation through the procedure specified in section thirty of

this chapter property for the purpose of providing, erecting and

maintaining thereon storehouses and repair shops for the storing of

supplies and material and for the storing, repairing and maintaining of

equipment, machinery, tools and implements; and of constructing and

maintaining such storehouses and repair shops.

Pursuant to any statutes in such cases made and provided, the

superintendent of state police shall exercise jurisdiction and control

over the user and the vehicular traffic upon state thruways in

accordance with generally established as well as special traffic

regulations, which shall be invoked immediately upon the opening to the

public of any state thruway or section thereof by the issuance of an

official order for such opening by the commissioner of transportation

and the delivery of a certified copy thereof by him to the

superintendent of state police.

The commissioner of transportation shall have power to acquire by

appropriation by the method contained in this article, property for the

purpose of providing, and also to construct or reconstruct thereon

suitable housing and other facilities and appurtenances for members of

the division of the state police who shall be engaged in exercising such

jurisdiction and control. Upon approval by the director of the budget,

the cost of such property and of such construction or reconstruction

shall be paid from funds available for construction, reconstruction or

improvement of state highways and thruways as part of the cost thereof.

The commissioner of transportation is authorized to classify any part

of a state thruway as a controlled access highway pursuant to this

chapter, when the construction thereof is done on a location where no

public highway theretofore existed. Highway and railroad grade crossings

shall be eliminated generally by structures to be determined by the

commissioner of transportation, who is hereby given authority to combine

or relocate intersecting highways, streets, or roads to adjust traffic

to such grade separation structures, except that the grade crossing

elimination structures involved in public service commission cases

number fifty-four hundred seventy-two and nine thousand fifty-eight

shall remain under the jurisdiction of such commission or its successor.

The entire cost of such structure as so determined by the commissioner

of transportation shall be included in the cost of the thruway.

Telephone and telegraph wires, power transmission and gas, oil and water

lines, conduits, cables of every kind and nature, that cross any thruway

may, in the discretion of the commissioner of transportation, be

relocated in suitable facilities to be installed under or over and

across any such thruway. The expense of such relocation and of

installing such facilities shall be deemed to be part of the cost of the

thruway. The work of such relocation may be done by the owner of such

wires, lines, conduits and cables, and the commissioner of

transportation is hereby empowered to enter into an agreement with such

owner for the performance of all or any part of the work of such

relocation at the expense of the state. Access from one traffic

direction to the other shall be provided only at such points and in such

manner as the commissioner of transportation shall determine. Access or

branch connections from any thruway or section thereof to any highway

that is authorized by this chapter, shall, in the discretion of the

commissioner of transportation, be included in the plans,

specifications, and estimates and shall be constructed according to such

design and type as the commissioner of transportation shall deem to be

suitable for the purposes thereof notwithstanding the distinctive

requirements of this section. Each state thruway shall provide for not

less than two lanes of traffic in each direction. Opposing traffic on

every completed state thruway shall be separated by a mall generally or,

the commissioner of transportation may separate such opposing traffic by

such other alignment of the respective lanes of traffic which, in the

judgment of the commissioner of transportation is practicable because of

topographic conditions and is beneficial to the public interest. Rights

of way for state thruways shall be acquired by the state as provided in

section three hundred forty-seven of this chapter. Any state highway or

portion thereof may be utilized and become a part of any state thruway

when authorized by the commissioner of transportation, provided such

highway or portion thereof either meets the prescribed requirements of a

state thruway or is appropriately altered so as to come within such

requirements before its incorporation into the thruway. Similarly, any

portion of a state thruway may be constructed in whole or in part and

utilized as a part of the state highway system pending the completion of

the thruway when so determined by the commissioner of transportation and

funds are provided for such construction.