Governing Statute
The Highway Law, Article 5, Section 102 of the Consolidated Laws of New York, prescribes
certain powers and duties of the County Superintendent of Highways or the Commissioner of Public
Works. Among these duties is the general supervision of the highways and bridges, which are
constructed, improved or maintained in whole or in part within the county.
In this regard, attention is directed to Article 6, Section 136 of the Highway Law, which provides as
follows:
Section 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 section 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 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 thereof, 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 the 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 permit.