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- Referred to transportation
- Referred to transportation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides for the establishment of seasonal limited use highways and minimum maintenance limited use highways; repealer
In Assembly Committee · Transportation · Sponsor David Koon
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the highway law, in relation to limited use highways; and to repeal section 205-a of such law relating to seasonal limited use highways
Purpose
Authorizes the town board to designate limited use highways as seasonal or minimum maintenance limited use highways which are seldom used or of a seasonal nature, and provides a process for declassification of such highways upon petition to a town board.
Summary of provisions
The bill repeals section 205-a of the highway law and replaces it with a new section 205-a to permit a town board to designate, by local law, those unpaved roads in the town which are used principally on a seasonal basis and which are seldom traveled, as limited use highways. Such highways may include seasonal limited use highways on which a town may discontinue snow and ice removal and maintenance from December to April, and minimum maintenance limited use highways which are maintained at levels allowing a road to remain passable and usable. All limited use highways must be properly posted.
Read the full memo (698 words)
Town boards are further authorized to adopt by local law, standards for the maintenance of highways or segments of highways that may be designated as minimum maintenance limited use highways. Thereafter, the highway superintendent may request the town board to designate highways or highway segments that comply with the standards adopted for such highway classification, as minimum maintenance highways. The bill requires that notice via certified mail be sent to every owner of real property abutting such road. The town may approve such proposed designation by local law.
The term limited use highway cannot be applied to roads and road segments which currently provide access to a farm center of operation or a residence approved for year-round occupancy, or a commercial building dependent on the road for access, or to a paved road.
The bill also allows for the owner of land located on a limited use highway, to petition for discontinuance of this road classification. A town board may declassify the highway as a limited use highway pursuant to a petition or at any time by local law. If such a petition is denied, no further petitions may be filed pursuant to this section for two years from the date of denial.
Existing law
There is no state law that provides for the designation of minimum maintenance limited use highways or the discontinuance of the classification for such roads. Current section 205-a allows for the designation of seasonal use roads.
Justification
At present there is no uniform process for towns to use to designate as limited use highways, rural unpaved roads, which are used primarily by farmers to reach their fields or for recreational purposes and are seldom used by motor vehicles. This bill authorizes the establishment of regulations for the designation of minimum maintenance limited use highways.
Rural towns have numerous roads which are unpaved and used primarily for access to fields and woodlands or which are used only occasionally to reach lands for recreational purposes such as hunting, fishing or snowmobiling. The bill allows a town to seasonally close some roads and discontinue snow and ice removal and maintenance from December to April, or as an alternative to closing the road entirely during the winter months, designating the road as a minimum maintenance limited use highway. This would increase access to remote recreational and agricultural properties.
The bill allows the owner of property located on a limited use highway to petition the town board for the road to be declassified as a seasonal or minimum maintenance limited use highway. A town board may also declassify a limited use highway by local law at any time.
When limited use highways are declassified as such, towns may amortize the cost of necessary highway improvements, pursuant to section eleven of the state finance law.
Legislative history
2003: A.6363-A/S.2754-A 2004: A.9668/S.2754-A 2005-06: A.5634/S.2746 2007-08: A.3917-C/S.3317-B
Fiscal implications
None. The bill has no fiscal impact upon the state.
Local fiscal implications
The bill may reduce the cost of highway maintenance for some rural towns.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.