Relates to the maintenance, improvement and repair of certain town highways

Summary of specific provisions

Section 1 would add a new section 205-c to the highway law. Subdivision 1 defines low-volume roads and several classifications of low-volume roads. Subdivision 2 authorizes towns to adopt the low-volume road classifications and establishes the procedure to adopt such classifications. Subdivision 3 authorizes towns to designate certain low-volume roads as minimum maintenance roads and establishes the procedure to adopt such designation. Subdivision 4 sets out maintenance standards for minimum maintenance roads. Subdivision 5 authorizes the process for petitioning to discontinue the minimum maintenance designation. Subdivision 6 authorizes road improvement financing for discontinued minimum maintenance roads under section 200 of the town law.

Section 2 would add a new section 124 to the vehicle and traffic law defining minimum maintenance road as designated by a town under section 205-c of the highway law.

Section 3 would add a new paragraph 18 to subdivision (a) of section 1683 of the vehicle and traffic law designating a road as minimum maintenance.

Justification

In 1990 the Legislative Commission on Rural Resources sponsored a law establishing the NYS Local Roads Research and Coordination Council. The Council defined and promulgated standards for low-volume road classification. The purpose in designating low-volume roads is to reduce costs associated with bringing such roads to state or national design standards. Towns have been adopting local laws designating roads as low-volume according to the Council's standards. This bill would establish the classification system in state highway law to provide assurance to towns that such designations have the authority of state law.

In addition, this legislation would establish a comprehensive and transparent process for towns to designate recreational or agricultural roads as minimum maintenance as well as an appeal process for landowners. These low-volume roads would not require as much maintenance, such as plowing and grading, as other roads, saving towns money.

Roads that are the primary access for farm operations, or that have a year-round residence at the time of designation, would not be designated minimum maintenance. Furthermore, the designation of minimum maintenance and the standards adopted cannot restrict farm operations in an Agricultural District even if the road is not a primary farm access road. Farmers who change the use of a field along a minimum maintenance road would be able to request that a town modify standards to allow for better access so that their farm operations are not restricted. Such restriction is already prohibited by the agricultural districts law. This bill would also establish a formal process for any landowners to petition to discontinue the minimum maintenance designation or to modify maintenance standards.

It is difficult for many local highway departments lacking professional engineers to design or upgrade older low-volume roads that do not meet current engineering standards. In many rural towns the highway budget already exceeds 50% of total town expenditures, sometimes by a significant amount. It is impractical for rural towns to afford this level of design, construction and maintenance. Low-volume and minimum maintenance designations would provide more realistic and affordable standards while maintaining public input.

In addition to the fiscal relief that this bill affords, low volume, and particularly minimum maintenance roads, are a management tool that helps towns to maintain access to working landscapes such as forest lands, recreational areas and agriculture with reasonable costs. These designations may also help prevent over-development or sprawl in rural areas reducing competition for the use of such lands.

Prior legislative history

New bill.

Fiscal implications

None.

Summary of amendments

Clarifies definition of minimum maintenance road. Adds language emphasizing that minimum maintenance designation shall not restrict farm operations in Ag Districts. Requires the minimum maintenance standards be developed with the Town Highway Superintendent. Requires that a summary of findings be sent to affected landowners in addition to a public hearing notice. Makes hearing notice requirements consistent with current practices. Authorizes landowners to petition for modification of maintenance standards. Modifies the

definition of minimum maintenance roads to specify that the volume of traffic is less than 50 cars per day.

Effective date

This act shall take effect on the one hundred twentieth day after it shall have become a law.