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This entry was published on 2014-09-22
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Permits for work within the county road right of way
§ 136. Permits for work within the county road right of way. 1. Except
in connection with the construction, reconstruction, maintenance or
improvement of a county road or operations of a corporation pursuant to
the provisions of section twenty-seven of the transportation
corporations law or sections twenty-one, eighty-nine, ninety-one,
ninety-three, ninety-three-a and ninety-three-b of the railroad law, no
person, firm, corporation or municipality shall construct or improve,
within the county road right of way an entrance or connection to such
road, or construct within the county road right of way any works,
structure or obstruction, or any overhead or underground crossing
thereof, or lay or maintain therein underground wires or conduits or
drainage, sewer or water pipes, except in accordance with the terms and
conditions of a work permit issued by the county superintendent or his
duly designated agent, notwithstanding any consent or franchise granted
by any town superintendent, or by any other municipal authority. Any
municipal corporation may enter upon any county road for the purpose of
widening the pavement or for any other purpose authorized by this
section, but only after securing a permit as provided herein.
Notwithstanding the limitations in any general or special law, every
municipal corporation shall have and is hereby given authority to
deposit with the county superintendent such a sum of money or a security
bond as may be required as a condition precedent to the granting of the
permit provided in this section.

2. The county superintendent shall establish regulations governing the
issuance of highway work permits, including the fees to be charged
therefor, a system of deposits of money or bonds guaranteeing the
performance of the work and requirements of insurance to protect the
interests of the county during performance of the work pursuant to a
highway work permit. With respect to driveway entrance permits, the
regulations shall take into consideration the prospective character of
the development, the traffic which will be generated by the facility
within the reasonably foreseeable future, the design and frequency of
access to the facility, the effect of the facility upon drainage as
related to existing drainage systems, the extent to which such facility
may impair the safety and traffic carrying capacity of the existing
county road and any proposed improvement thereto within the reasonably
foreseeable future, and any standards governing access, nonaccess or
limited access which have been established by the county superintendent.

3. Upon completion of the work within the county road right of way,
authorized by the work permit, the person, firm, corporation,
municipality, and his or its successors in interest, shall be
responsible for the maintenance and repair of such work or portion of
such work as set forth within the terms and conditions of the work

4. An advertising sign, display or device, or any part thereof,
erected in violation of this section shall be removed from the county
road right of way by the owner or the party responsible for its
erection. The county superintendent shall make a demand by mail, to the
last known address of the owner, apparent owner or party responsible for
the erection of such advertising sign, display or device, for its
removal and, if it is not removed within twenty (20) days from the date
of the mailing of such demand, the county superintendent may remove any
such advertising sign, display or device, or any part thereof, from the
county road right of way.

5. The term "county road right of way" shall, for the purposes of this
section, mean the entire width between the boundary line of all property
which has been purchased or appropriated by the county for county road
purposes, all property over which the county superintendent or his
predecessors has assumed jurisdiction for county road purposes, all
property over which the county superintendent has assumed jurisdiction
during the period of construction, reconstruction or improvement and all
property which has become part of the county road system through
dedication or use.

6. Any person, firm or corporation violating this section shall be
liable to a fine of not less than twenty-five dollars nor more than one
thousand dollars for each day of violation, to be recovered by the
county superintendent and paid in to the county treasury to the credit
of the county road fund created under this article for the construction,
reconstruction and maintenance of county roads on the county road system
in accordance with the provisions of this article, and may also be
removed therefrom as a trespasser by the county superintendent upon
petition to the county court of the county or to the supreme court of
the state.