1. The Laws of New York
  2. Consolidated Laws
  3. Highway
  4. Article 5: County Superintendents


Section 103-A Obstructions and removals

Highway (HAY)

Obstructions, within the meaning of this section, shall include trees which have been cut or have fallen either on adjacent lands or within the bounds of the highway, in such a manner as to interfere with public travel therein; limbs of trees which have fallen within the highway, or branches of trees overhanging the highways so as to interfere with public travel therein; lumber, wood or logs piled within the bounds of the public highway; machines, vehicles and implements abandoned or habitually placed within the bounds of the highway; fences, buildings or other structures erected within the bounds of the highway; earth, stone or other material placed in any ditch or waterway along the highway; telegraph, telephone, electric and other poles, and the wires connected therewith, erected within the bounds of the highway in such a manner as to interfere with the use of the highway for public travel.

  It shall be the duty of each owner or occupant of lands situate along the highway, to remove all obstructions except such structures as have been placed or erected by a public utility corporation or for an otherwise public purpose, within the bounds of the highway, which have been placed there by such owner or occupant or with his consent. It shall be the duty of all public utility corporations, to remove and reset poles and the wires connected therewith, when the same constitute obstructions to the use of the highway by the traveling public. If temporary obstructions such as trees, lumber, wood, logs, machinery, vehicles and similar obstructions are not removed within five days after the service of a notice by mail or forty-eight hours after the service of a notice personally, upon such owner or occupant, requesting the same to be done, the county superintendent of highways shall remove such obstruction. And if permanent obstructions, including, among others, telegraph, telephone, electric and other poles and wires connected therewith, are not moved and reset within thirty days after the service of a notice personally or by mail upon the owner of such poles or wires, the county superintendent of highways shall move and reset such poles and wires. The cost and expenses incurred by the county superintendent in removing such obstructions may be recovered by the county from any person or corporation responsible therefor in an action to be instituted by the county attorney. And all recoveries under this section shall be credited to the county road fund.