S T A T E   O F   N E W   Y O R K
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     S. 6249                                                  A. 6412
 
                        2023-2024 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               April 6, 2023
                                ___________
 
 IN SENATE -- Introduced by Sen. WALCZYK -- read twice and ordered print-
   ed,  and  when printed to be committed to the Committee on Transporta-
   tion
 
 IN ASSEMBLY -- Introduced by M. of A. BARCLAY -- read once and  referred
   to the Committee on Transportation

 AN  ACT  to  amend  the  highway law and the vehicle and traffic law, in
   relation to  establishing  minimum  maintenance  roads  in  designated
   towns; and providing for the repeal of such provisions upon expiration
   thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The highway law is amended by adding a new section 205-c to
 read as follows:
   § 205-C. MINIMUM MAINTENANCE ROADS. 1. A. THE TOWN BOARD OF ANY DESIG-
 NATED TOWN MAY, AFTER A PUBLIC HEARING, ADOPT A  LOCAL  LAW  DESIGNATING
 ANY  LOW-VOLUME ROAD OR PORTION THEREOF PROVIDING AGRICULTURAL OR RECRE-
 ATIONAL LAND ACCESS, EXCEPT FOR FARM ACCESS ROADS OR ROADS THAT  PROVIDE
 ACCESS TO AN INDIVIDUAL YEAR-ROUND RESIDENCE AT THE TIME OF DESIGNATION,
 AS  A  MINIMUM  MAINTENANCE  ROAD. NO SUCH LAW SHALL RESTRICT FARM OPER-
 ATIONS IN AN AGRICULTURAL DISTRICT. SUCH LOCAL LAW SHALL NOT PREVENT THE
 STATE FROM MAINTAINING SUCH ROAD IF THE ROAD PASSES  OVER,  OR  PROVIDES
 ACCESS  TO,  STATE  LAND.  NO SUCH LAW DESIGNATING A MINIMUM MAINTENANCE
 ROAD SHALL BE EFFECTIVE UNTIL SIGNS ARE POSTED ADVISING THE PUBLIC  THAT
 SUCH  ROAD  IS  A  MINIMUM  MAINTENANCE ROAD. NO ROAD, ONCE DESIGNATED A
 MINIMUM MAINTENANCE ROAD, SHALL BE DETERMINED  TO  HAVE  BEEN  ABANDONED
 PURSUANT  TO  THE  PROVISIONS  OF SUBDIVISION ONE OF SECTION TWO HUNDRED
 FIVE OF THIS ARTICLE SOLELY BECAUSE IT HAS  BEEN  DESIGNATED  A  MINIMUM
 MAINTENANCE ROAD.
   B.  AT LEAST FORTY-FIVE DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL
 LAW THE TOWN BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL ISSUE  FIND-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10171-02-3
              

 S. 6249                             2                            A. 6412
 
 INGS  THAT  SUCH  ROAD OR PORTION THEREOF SHOULD BE DESIGNATED A MINIMUM
 MAINTENANCE ROAD. SUCH FINDINGS SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I) THE VOLUME AND TYPE OF MOTOR VEHICLE TRAFFIC ON SUCH ROAD;
   (II)  A  DETERMINATION  THAT  THE PROPERTY OWNERS OF LAND ABUTTING THE
 ROAD SHALL CONTINUE TO HAVE ACCESS TO THEIR PROPERTY;
   (III) A DETERMINATION THAT THE  USERS  OF  THE  ROAD  TRAVELING  AT  A
 REASONABLE  AND  PRUDENT  SPEED,  UNDER  THE CIRCUMSTANCES, SHALL NOT BE
 PLACED IN A HAZARDOUS SITUATION;
   (IV) A DETERMINATION THAT SUCH ROAD,  OR  PORTION  THEREOF,  DOES  NOT
 CONSTITUTE A FARM ACCESS ROAD AS DEFINED IN THIS SECTION; AND
   (V)  THE  EFFECT  OF SUCH DESIGNATION ON ANY FARM OPERATIONS DEPENDENT
 UPON THE ROAD, AND THAT SUCH DESIGNATION DOES NOT  RESTRICT  FARM  OPER-
 ATIONS IN AGRICULTURAL DISTRICTS.
   A COPY OF THE TOWN BOARD'S FINDINGS SHALL BE MADE AVAILABLE FOR PUBLIC
 INSPECTION  IN THE TOWN CLERK'S OFFICE AND POSTED TO THE TOWN WEBSITE IF
 AVAILABLE.
   A COPY OF THE FINDINGS SHALL BE SENT TO THE SCHOOL BOARD OF THE SCHOOL
 DISTRICT IN WHICH EACH ROAD IS LOCATED AND TO THE TOWN  PLANNING  BOARD.
 SUCH SCHOOL BOARD AND PLANNING BOARD MAY REVIEW THE FINDINGS OF THE TOWN
 BOARD  AND  WITHIN FORTY-FIVE DAYS FILE WITH THE TOWN CLERK THEIR RECOM-
 MENDATION AND FINDINGS. IN THE EVENT THE SCHOOL OR PLANNING BOARD  TAKES
 NO  ACTION  WITHIN  THE  FORTY-FIVE DAY REVIEW PERIOD THE TOWN BOARD MAY
 PROCEED WITHOUT SAID BOARD'S  RECOMMENDATION  AND  FINDINGS.  SCHOOL  OR
 PLANNING  BOARD  REVIEW MAY BE WAIVED, SHORTENED OR EXTENDED UPON MUTUAL
 CONSENT OF SAID BOARD AND THE TOWN BOARD. THE TOWN  BOARD  OF  THE  TOWN
 MAY,  BY  RESOLUTION,  ACCEPT, ACCEPT IN PART, OR REJECT THE RECOMMENDA-
 TIONS OF EITHER THE SCHOOL OR PLANNING BOARD PRIOR TO ANY VOTE UPON  THE
 PROPOSED LOCAL LAW.
   A  COPY  OF THE FINDINGS SHALL ALSO BE SENT TO THE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION OR ANY  OTHER  RELEVANT  STATE  AGENCY  THAT  HAS
 JURISDICTION  OVER  THE  LAND THAT THE ROAD PROPOSED TO BE DESIGNATED AS
 MINIMUM MAINTENANCE PASSES OVER OR PROVIDES ACCESS TO.
   C. AT LEAST THIRTY DAYS PRIOR TO THE PUBLIC HEARING ON SUCH LOCAL LAW,
 WRITTEN NOTICE OF SUCH HEARING, INCLUDING A  SUMMARY  OF  THE  FINDINGS,
 SHALL  BE SERVED BY CERTIFIED MAIL UPON EVERY OWNER OF REAL PROPERTY, AS
 DETERMINED BY THE LATEST COMPLETED ASSESSMENT ROLL, ABUTTING  SUCH  ROAD
 OR PORTION THEREOF.
   D. THE TOWN CLERK SHALL GIVE NOTICE OF SUCH HEARING BY THE PUBLICATION
 OF  A  NOTICE  IN  AT  LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE
 TOWN, AND POST SUCH NOTICE ON THE TOWN WEBSITE IF AVAILABLE,  SPECIFYING
 THE  TIME  WHEN  AND  THE  PLACE WHERE SUCH HEARING WILL BE HELD, AND IN
 GENERAL TERMS DESCRIBING THE PROPOSED RESOLUTION. SUCH NOTICE  SHALL  BE
 PUBLISHED  ONCE  AT  LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH
 HEARING.
   2. A ROAD OR ROAD SEGMENT LOCATED WITHIN A DESIGNATED TOWN, WHICH  HAS
 BEEN  DESIGNATED  MINIMUM  MAINTENANCE,  SHALL BE MAINTAINED AT THE SAME
 LEVEL AS OTHER ROADS WITHIN THE TOWN BUT SHALL NOT REQUIRE SNOW AND  ICE
 REMOVAL  AND  MAINTENANCE.  SUCH LEVEL OF MAINTENANCE SHALL NOT RESTRICT
 ACCESS TO FARMLAND BY A FARM OPERATION ELIGIBLE FOR AGRICULTURAL ASSESS-
 MENT PURSUANT TO ARTICLE TWENTY-FIVE-AA OF THE AGRICULTURE  AND  MARKETS
 LAW.    MINIMUM  MAINTENANCE ROADS SHALL CONTINUE TO BE PART OF THE TOWN
 HIGHWAY SYSTEM.
   3. A. ANY PERSON OR PERSONS OWNING OR OCCUPYING REAL PROPERTY ABUTTING
 A ROAD OR PORTION THEREOF WHICH HAS BEEN DESIGNATED  A  MINIMUM  MAINTE-
 NANCE  ROAD  MAY PETITION THE TOWN HAVING JURISDICTION OVER SUCH ROAD OR
 PORTION THEREOF TO DISCONTINUE THE DESIGNATION OF SUCH ROAD AS A MINIMUM
 S. 6249                             3                            A. 6412
 
 MAINTENANCE ROAD. SUCH PETITION SHALL BE FILED WITH  THE  CLERK  OF  THE
 TOWN  HAVING  JURISDICTION  OVER SUCH ROAD. SUCH PETITION SHALL IDENTIFY
 THE ROAD OR PORTION THEREOF TO BE DISCONTINUED AS A MINIMUM  MAINTENANCE
 ROAD  AND SET FORTH THE REASONS FOR SUCH DISCONTINUANCE OR MODIFICATION.
 THE TOWN BOARD HAVING JURISDICTION OVER SUCH ROAD SHALL  HOLD  A  PUBLIC
 HEARING  UPON  SUCH  PETITION  WITHIN THIRTY DAYS AFTER ITS RECEIPT. THE
 TOWN CLERK SHALL GIVE NOTICE OF SUCH HEARING BY  THE  PUBLICATION  OF  A
 NOTICE IN AT LEAST ONE NEWSPAPER OF GENERAL CIRCULATION IN THE TOWN, AND
 POST  SUCH  NOTICE ON THE TOWN WEBSITE IF AVAILABLE, SPECIFYING THE TIME
 WHEN AND THE PLACE WHERE SUCH HEARING WILL BE HELD, AND IN GENERAL TERMS
 DESCRIBING THE PROPOSED RESOLUTION.  SUCH NOTICE SHALL BE PUBLISHED ONCE
 AT LEAST FIVE DAYS PRIOR TO THE DAY SPECIFIED FOR SUCH HEARING.
   B. IN THE EVENT THE TOWN BOARD, AFTER SUCH PUBLIC HEARING,  DETERMINES
 THAT  SUCH  DESIGNATION SHALL CONTINUE UNCHANGED, NO ADDITIONAL PETITION
 MAY BE SUBMITTED BY A PERSON OR PERSONS PURSUANT TO THIS  SECTION  UNTIL
 THE  LAPSE OF AT LEAST TWENTY-FOUR MONTHS FROM THE DATE OF THE FILING OF
 THE PREVIOUS PETITION FILED BY SUCH PERSON OR PERSONS.
   C. THE TOWN BOARD HAVING JURISDICTION OVER A MINIMUM MAINTENANCE  ROAD
 MAY ADOPT A LOCAL LAW DISCONTINUING SUCH MINIMUM MAINTENANCE ROAD DESIG-
 NATION  IN  THE  EVENT  IT  DETERMINES  SUCH DISCONTINUANCE TO BE IN THE
 PUBLIC INTEREST.
   4. WHEN USED IN THIS SECTION, UNLESS OTHERWISE  EXPRESSLY  STATED,  OR
 UNLESS  THE  CONTEXT OR SUBJECT MATTER OTHERWISE REQUIRES, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   A. "LOW-VOLUME ROAD" SHALL MEAN A  TOWN  HIGHWAY  OR  PORTION  THEREOF
 LOCATED  IN  A  DESIGNATED  TOWN, WHEN SUCH HIGHWAY HAS AN AVERAGE DAILY
 TRAFFIC COUNT OF LESS THAN FOUR HUNDRED MOTOR  VEHICLES  PER  DAY.  SUCH
 TERM SHALL NOT APPLY TO ANY HIGHWAY OR ROAD OR PORTION THEREOF WHICH HAS
 PREVIOUSLY  BEEN  ABANDONED  PURSUANT  TO SUBDIVISION ONE OF SECTION TWO
 HUNDRED FIVE OF THIS ARTICLE BECAUSE IT SHALL  NOT  HAVE  BEEN  USED  OR
 TRAVELED AS A HIGHWAY FOR SIX YEARS.
   B.  "AGRICULTURAL  LAND ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
 PROVIDES  ACCESS  TO  FARM  LAND.  TRAFFIC  VOLUMES  ARE  LOW  AND  VARY
 SEASONALLY.
   C. "FARM ACCESS ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT PROVIDES PRIN-
 CIPAL  MOTOR  VEHICLE  ACCESS  FOR  THE  TRANSPORT OF GOODS AND SERVICES
 NECESSARY FOR EFFECTIVE SUPPORT OF A FARM'S DAILY OPERATIONS TO AND FROM
 THE PRIMARY LOCATION OR CENTER OF SUCH  OPERATIONS.  TRAFFIC  VOLUME  IS
 GENERALLY  LOW,  SIGNIFICANTLY LESS THAN FOUR HUNDRED MOTOR VEHICLES PER
 DAY, AND MAY INCLUDE OCCASIONAL HEAVY VEHICLES  AND  FARM  EQUIPMENT  AS
 WELL AS OTHER MOTOR VEHICLES.
   D.  "RECREATION  LAND  ACCESS  ROAD" SHALL MEAN A LOW-VOLUME ROAD THAT
 PROVIDES ACCESS TO RECREATIONAL LAND INCLUDING SEASONAL DWELLINGS, PARKS
 AND RECREATIONAL LANDS. VOLUMES CAN VARY WITH  THE  TYPE  OF  RECREATION
 FACILITY, ACTIVITY AND SEASON OF THE YEAR.
   E.  "MINIMUM MAINTENANCE ROAD" SHALL MEAN A LOW-VOLUME AGRICULTURAL OR
 RECREATIONAL ACCESS ROAD OR PORTION THEREOF WITH AN AVERAGE DAILY  TRAF-
 FIC  COUNT  OF  LESS THAN FIFTY MOTOR VEHICLES PER DAY DESIGNATED BY THE
 DESIGNATED TOWN AS MINIMUM MAINTENANCE PURSUANT TO THIS SECTION,  EXCEPT
 FOR  A FARM ACCESS ROAD OR A ROAD WHICH PROVIDES ACCESS TO AN INDIVIDUAL
 YEAR-ROUND RESIDENCE AT THE TIME IT IS PROPOSED TO BE DESIGNATED MINIMUM
 MAINTENANCE.
   F. "MOTOR VEHICLE" SHALL MEAN A MOTOR VEHICLE AS  DEFINED  BY  SECTION
 ONE HUNDRED TWENTY-FIVE OF THE VEHICLE AND TRAFFIC LAW.
   G.  "DESIGNATED TOWN" SHALL MEAN THE TOWN OF LORRAINE, JEFFERSON COUN-
 TY.
 S. 6249                             4                            A. 6412

   § 2. The vehicle and traffic law is amended by adding  a  new  section
 124 to read as follows:
   §  124. MINIMUM MAINTENANCE ROAD. A LOW-VOLUME ROAD OR PORTION THEREOF
 WHICH IS DESIGNATED BY THE  TOWN  HAVING  JURISDICTION  OVER  SUCH  ROAD
 PURSUANT TO SECTION TWO HUNDRED FIVE-C OF THE HIGHWAY LAW.
   § 3. Subdivision (a) of section 1683 of the vehicle and traffic law is
 amended by adding a new paragraph 18 to read as follows:
   18. DESIGNATE A ROAD OR PORTION THEREOF AS A MINIMUM MAINTENANCE ROAD.
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law and shall expire and be deemed repealed 8
 years after it shall have become a law. Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date.