N.Y. Comp. Codes R. & Regs. tit. 17 § 125.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 125.4 - Maintenance responsibility

(a) Property owners having access to a State highway shall be fully responsible for the maintenance of their driveway and channelization including the portion from the highway right-of-way line to the outside edge of the highway shoulder or curb line. This maintenance responsibility includes removal of snow and ice and keeping the portion within the highway right-of-way in a safe condition for the general public. Where the owner of a commercial property is required to construct acceleration, deceleration or turning lanes on the State highway, the department may, in the interest of public convenience, provide routine maintenance and remove snow and ice on the portions of these lanes constituting an integral part of the State highway. This in no way absolves the property owner of the overall maintenance responsibility for the reconstruction and major repair of these lanes, if necessary.

(b) The property owner shall be responsible for the maintenance of ditches, pipes, catch basins, grates and other drainage structures constructed in connection with providing access to his property. All traffic control devices, such as traffic signals, stop and yield signs, delineators, etc. installed by the property owner in the highway right-of-way with the permission of the department, shall conform to the Manual of Uniform Traffic Control Devices and be maintained, energized and replaced by the property owner. The property owner shall also trim brush and maintain his property in such a manner as to maintain optimal sight distance.

N.Y. Comp. Codes R. & Regs. Tit. 17 § 125.4