NY State Senate Bill 2009-S5427

Senate Bill S5427

2009-2010 Legislative Session

Provides for the establishment of seasonal limited use highways and minimum maintenance limited use highways; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to transportation
May 04, 2009	referred to transportation

co-Sponsors

2009-S5427 (ACTIVE) - Details

See Assembly Version of this Bill:: A7839
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Rpld & add §205-a, Hway L

2009-S5427 (ACTIVE) - Summary

Provides for the establishment by towns of seasonal limited use highways and minimum maintenance limited use highways; repeals existing provisions relating to limited use highways.

2009-S5427 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5427

 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.

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.

2009-S5427 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5427

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               May 4, 2009
                               ___________

Introduced by Sens. AUBERTINE, STACHOWSKI, VALESKY, WINNER, YOUNG -- (at
  request  of  the  Legislative  Commission  on Rural Resources) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Transportation

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

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 205-a of the highway law  is  REPEALED  and  a  new
section 205-a is added to read as follows:
  S  205-A.  LIMITED  USE  HIGHWAYS.  1. SEASONAL LIMITED USE HIGHWAY. A
SEASONAL LIMITED USE HIGHWAY SHALL BE A TOWN HIGHWAY WITHOUT AN  OPERAT-
ING  FARM CENTER, RESIDENCE APPROVED FOR YEAR-ROUND OCCUPANCY OR COMMER-
CIAL BUILDING DEPENDENT UPON SUCH HIGHWAY FOR ACCESS ON WHICH  THE  TOWN
MAY  TEMPORARILY DISCONTINUE SNOW AND ICE REMOVAL, AND MAINTENANCE FOR A
DESIGNATED PERIOD. THE TOWN SUPERINTENDENT  IS  AUTHORIZED  TO  ANNUALLY
DESIGNATE,  ON  OR  BEFORE THE FIRST DAY OF NOVEMBER, A TOWN HIGHWAY, OR
PORTION THEREOF, AS A SEASONAL LIMITED USE HIGHWAY, AND  TO  TEMPORARILY
DISCONTINUE  SNOW  AND  ICE  REMOVAL  AND MAINTENANCE ON SUCH HIGHWAY OR
PORTION THEREOF SO DESIGNATED FROM THE FIRST DAY OF DECEMBER  UNTIL  THE
FIRST DAY OF APRIL. ALL SEASONAL LIMITED USE HIGHWAYS SHALL BE APPROPRI-
ATELY  POSTED  IN  ACCORDANCE WITH TITLE SEVENTEEN OF THE NEW YORK STATE
CODES, RULES AND REGULATIONS.
  2. MINIMUM MAINTENANCE LIMITED USE HIGHWAY. A. A  MINIMUM  MAINTENANCE
LIMITED  USE  HIGHWAY SHALL BE A HIGHWAY USED PRINCIPALLY OR EXCLUSIVELY
FOR AGRICULTURAL OR RECREATIONAL LAND ACCESS.    A  HIGHWAY  OR  PORTION
THEREOF  WHICH  HAS  BEEN SO DESIGNATED BY THE TOWN BOARD SHALL BE MAIN-
TAINED AT A LEVEL WHICH ALLOWS SUCH HIGHWAY TO REMAIN PASSABLE AND FUNC-
TIONAL IN ACCORDANCE WITH STANDARDS ADOPTED BY THE TOWN BOARD. NO  PAVED
HIGHWAY,  OR HIGHWAY PROVIDING ACCESS TO AN OPERATING FARM CENTER, RESI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02278-01-9

S. 5427                             2

DENCE APPROVED FOR YEAR-ROUND OCCUPANCY OR COMMERCIAL BUILDING SHALL  BE
DESIGNATED  AS A MINIMUM MAINTENANCE LIMITED USE HIGHWAY. THE TOWN BOARD
MAY, BY RESOLUTION, DIRECT THE TOWN SUPERINTENDENT  TO  ESTABLISH  REGU-
LATIONS  PROVIDING  FOR  THE DESIGNATION AND MAINTENANCE OF HIGHWAYS, OR
PORTIONS THEREOF, AS MINIMUM MAINTENANCE LIMITED  USE  HIGHWAYS.  WITHIN
THIRTY  DAYS  AFTER  THE  PRESENTATION  BY  THE  TOWN  SUPERINTENDENT OF
PROPOSED TOWN REGULATIONS PROVIDING FOR THE DESIGNATION AND  MAINTENANCE
OF MINIMUM MAINTENANCE LIMITED USE HIGHWAYS, THE TOWN BOARD MAY ADOPT BY
LOCAL LAW THE REGULATIONS AS PRESENTED OR AMENDED.
  B.  IN THE EVENT THE TOWN SUPERINTENDENT DETERMINES THAT A HIGHWAY, OR
PORTION THEREOF, COMPLIES WITH THE REGULATIONS ESTABLISHED BY  THE  TOWN
BOARD  FOR MINIMUM MAINTENANCE LIMITED USE HIGHWAYS, SUCH SUPERINTENDENT
MAY PETITION THE TOWN BOARD TO DESIGNATE SUCH HIGHWAY, OR PORTION THERE-
OF, AS A MINIMUM MAINTENANCE LIMITED USE HIGHWAY.  THE  TOWN  BOARD  MAY
THEREAFTER ADOPT A LOCAL LAW DESIGNATING SUCH HIGHWAY, OR PORTION THERE-
OF,  AS  A  MINIMUM MAINTENANCE LIMITED USE HIGHWAY, AND NOTICE SHALL BE
GIVEN, BY CERTIFIED MAIL, TO EVERY OWNER OF REAL PROPERTY, AS DETERMINED
BY THE LATEST COMPLETED ASSESSMENT ROLL, ABUTTING THE  PROPOSED  MINIMUM
MAINTENANCE  LIMITED  USE HIGHWAY, OR PORTION THEREOF. IN THE EVENT SUCH
LOCAL LAW IS ADOPTED AND UPON THE EFFECTIVE DATE OF SUCH LOCAL LAW, SUCH
HIGHWAY SHALL THEREAFTER BE MAINTAINED IN ACCORDANCE  WITH  THE  MINIMUM
MAINTENANCE  LIMITED  USE  HIGHWAY  REGULATIONS.  A  MINIMUM MAINTENANCE
LIMITED USE HIGHWAY OR PORTION THEREOF SHALL BE APPROPRIATELY POSTED  IN
ACCORDANCE  WITH  TITLE SEVENTEEN OF THE NEW YORK STATE CODES, RULES AND
REGULATIONS.
  3. PETITION FOR DISCONTINUANCE OF LIMITED USE HIGHWAY DESIGNATION. THE
OWNER OF LAND LOCATED ON A LIMITED USE HIGHWAY, MAY  PETITION  THE  TOWN
BOARD  TO DISCONTINUE THE DESIGNATION OF SUCH HIGHWAY OR PORTION THEREOF
AS A SEASONAL OR MINIMUM MAINTENANCE LIMITED USE HIGHWAY BY FILING  SUCH
PETITION  WITH  THE TOWN CLERK. SUCH PETITION SHALL IDENTIFY THE LIMITED
USE HIGHWAY OR PORTION THEREOF TO BE DISCONTINUED, AND  THE  TOWN  CLERK
SHALL  FORTHWITH  TRANSMIT  THE  SAME  TO THE TOWN BOARD. THE TOWN BOARD
SHALL HOLD A PUBLIC HEARING UPON SUCH PETITION WITHIN THIRTY-TWO DAYS OF
ITS RECEIPT. AT LEAST TEN DAYS PUBLIC NOTICE SHALL BE GIVEN PRIOR TO THE
CONDUCT OF SUCH PUBLIC HEARING, AND WRITTEN NOTICE SERVED  BY  CERTIFIED
MAIL UPON EVERY OWNER OF PROPERTY ABUTTING SUCH HIGHWAY OR PORTION THER-
EOF,  AS  DETERMINED  BY  THE LATEST ASSESSMENT ROLL. IN THE EVENT IT IS
DETERMINED THAT SUCH HIGHWAY OR PORTION THEREOF SHALL BE DISCONTINUED AS
A LIMITED USE HIGHWAY, THE TOWN BOARD SHALL, BY LOCAL  LAW,  DISCONTINUE
SUCH HIGHWAY OR PORTION THEREOF AS A LIMITED USE HIGHWAY AT THE TIME SET
FORTH  IN  SUCH  LOCAL  LAW. THE TOWN BOARD SHALL RENDER ITS DECISION TO
CONTINUE OR DISCONTINUE SUCH LIMITED USE HIGHWAY  NO  LATER  THAN  SIXTY
DAYS  AFTER  THE  HOLDING  OF  SUCH PUBLIC HEARING, AND SHALL NOTIFY THE
PETITIONER OF SUCH ACTION BY CERTIFIED MAIL WITHIN  TEN  BUSINESS  DAYS,
INCLUDING  THE  SPECIFIC  FINDINGS  AND DETERMINATION OF THE TOWN BOARD.
SUCH ACTION SHALL NOT PRECLUDE A TOWN BOARD FROM  DISCONTINUING  AT  ANY
TIME,  BY  LOCAL  LAW,  THE  HIGHWAY OR PORTION THEREOF AS A LIMITED USE
HIGHWAY. NO FURTHER PETITIONS MAY BE SUBMITTED PURSUANT TO THIS  SECTION
UNTIL  THE  LAPSE OF AT LEAST TWO YEARS FROM THE DATE OF THE FILING OF A
PETITION WHICH WAS DENIED.
  S 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5427

Share this bill

Sponsored By

Darrel J. Aubertine

Archive: Last Bill Status - In Senate Committee Transportation Committee

co-Sponsors

William T. Stachowski

David J. Valesky

George Winner

Catharine Young

2009-S5427 (ACTIVE) - Details

2009-S5427 (ACTIVE) - Summary

2009-S5427 (ACTIVE) - Sponsor Memo

2009-S5427 (ACTIVE) - Bill Text download pdf

Comments