N.Y. Vehicle & Traffic Law § 1627: Designation of qualifying highways and access highways

§ 1627. Designation of qualifying highways and access highways. (a)

The commissioner of transportation shall, for the purposes of this

chapter, by rule or regulation, designate qualifying highways which

shall be highways on the national system of interstate and defense

highways or federal-aid primary highways.

(b) The department of transportation, for the purposes of this

chapter, shall develop criteria to determine a highway providing access

between qualifying highways and terminals, facilities for food, fuel,

repairs, and rest and, in addition, for points of loading and unloading

for household goods carriers. The department may, by order, rule or

regulation, designate public highways within the state as access

highways. The department of transportation, upon the request of the

legislative body of any city or village, or of a county superintendent

of highways, or of a town board may, by order, rule or regulation,

designate other city or village streets, or county roads, or town

highways, respectively, as access highways. Before designating any

county, town, city or village, street or highway as an access highway,

the commissioner of transportation shall notify the municipality having

jurisdiction over such street or highway of the need for such local

access road and solicit comments thereon. If objections to the

designation are filed by the municipality having jurisdiction over a

particular street or highway, the commissioner of transportation shall

set, as soon as practicable, a public informational meeting. If the

commissioner of transportation finds, after holding a public

informational meeting, that his proposed designation is proper and

reasonable, prior to filing a notice of agency action he shall so notify

the municipality in writing setting forth his findings and

justifications for such designation. The municipality shall have the

right of judicial review pursuant to article seventy-eight of the civil

practice law and rules.

(c) In order to implement the provisions of this section, the

commissioner of transportation may issue a permit pursuant to

subdivision fifteen of section three hundred eighty-five of this chapter

or may sign such public highways.