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
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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.