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New York State Highway Right-of-Way Overview (3-NY-c)

Information current as of 2020
In New York, a developer may need a State Highway Permit for Non-Utility Work and/or a State Highway Utility Work Permit for projects that encroach on orrequire work within a State highway right-of-way. N.Y. Highway L. § 52. The New York State Department of Transportation (NYSDOT) has the authority to regulate “all highways and bridges, which are constructed, improved or maintained, in whole or in part by the aid of State moneys.” N.Y. Highway Law§ 10. The Commissioner of NYSDOT is responsible for establishing regulations governing the issuance of highway work and access permits. N.Y. Highway Law § 52. NYSDOT regulates State highway right-of-ways pursuant to N.Y. Highway Law § 52, and N.Y. Comp. Codes R & Regs. tit. 17 §§ 125-134 et seq..


In addition, a developer may need to obtain an Occupancy Permit and/or a Work Permit from the New York State Thruway Authority (Thruway Authority) in order to use, occupy or conduct work on real property under the Thruway Authority’s jurisdiction.



State Highway Right-of-Way Overview Process


3-NY-c.1 to 3-NY-c.2 — Will the Developer Work on an Entrance, Connection, or within a State Highway Right-of-Way?

A developer must obtain a State Highway Work Permit to “construct or improve, within a State highway right-of-way an entrance or connection to such highway, or construct within the State highway right-of-way any works, structures, or obstruction, or any overhead or underground crossing thereof, or lay or maintain therein underground wires or conduits or drainage, sewer or water pipes.” N.Y. Highway Law § 52; N.Y. Comp. Codes R & Regs. tit. 17§ 131.16 et seq.. The New York State Department of Transportation (NYSDOT) issues a number of Highway Work Permits, including a State Highway Utility Work Permit and a State Highway Non-Utility Work Permit. N.Y. Highway Law § 52; New York State Department of Transportation – Highway Work Permits Website. Localities may also have their own encroachment permits for encroachments on local rights-of-way. A developer should consult with local authorities for encroachments on local rights-of-way.

3-NY-c.3 to 3-NY-c.5 — Will the Developer Perform Utility Accommodation Work within a State Highway Right-of-Way?

A developer must obtain a State Highway Permit for Non-utility Work prior to performing non-utility work that will encroach on a State highway right-of-way. N.Y. Comp. Codes R & Regs. tit. 17 § 125.2(g), Permits. For more information, see:

State Highway Non-Utility Work Permit:
3-NY-d

A developer must obtain a State Highway Utility Work Permit for any utility work within a State highway right-of-way, including for the construction and installation of facilities, and repairs and maintenance of utility lines and other equipment. N.Y. Comp. Codes R & Regs. tit. 17§ 131.16 et seq.. For more information, see:

State Highway Utility Work Permit:
3-NY-e


3-NY-c.6 to 3-NY-c.8 — Will the Developer Use, Occupy or Conduct Work on Real Property Under the Thruway Authority’s jurisdiction?

A developer may need to obtain an Occupancy Permit from the New York State Thruway Authority (Thruway Authority) in order to use and occupy real property under the Thruway Authority’s jurisdiction. The Thruway Authority issues Occupancy Permits for, among other things, utility facilities, parking, landscaping, signage, storage, and access. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, at p. 2.

In addition, a developer may need to obtain a Work Permit from the Thruway Authority in order to construct, perform maintenance, inspect, survey, or perform other types of work on Thruway Authority Property. Work Permits are required for all work conducted on Thruway Authority Property under an Occupancy Permit. The Thruway Authority may require a separate Work Permit each time the developer enters Thruway Authority Property for the purpose of maintaining facilities authorized under an Occupancy Permit. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, at p. 2. For more information, see:

State Thruway Occupancy and Work Permits:
3-NY-g


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