§ 233. State bridges and culverts. 1. The commissioner shall cause an
inspection to be made of any state bridge or culvert which is reported
to be unsafe for its posted loading by the regional director or the
county superintendent or the town superintendent. If such bridge or
culvert is found to be unsafe for such posted loading, the commissioner
may cause the signs relating to the loading permitted on such bridge or
culvert to be modified and it shall be the duty of the regional director
in whose region such bridge or culvert is located to immediately make
such changes in the signs posted on the bridge or culvert as the
commissioner may order, and at the same time the regional director shall
notify those responsible for the maintenance of the bridge or culvert of
such action. After such inspection, the bridge or culvert shall have the
same status with respect to maintenance and liability as it had prior to
the inspection. Any inspection of a bridge performed pursuant to this
section shall be performed in accordance with the provisions of sections
two hundred thirty-one and two hundred thirty-two of this article.

2. The commissioner may, by an official order, close any state bridge
or culvert and notify the regional director, the county superintendent,
the town superintendent and the supervisor of the town of that fact, and
if such bridge or culvert is located in more than one town or county,
the county superintendent, town superintendent and supervisor of each
town, respectively, shall have like notice. After the closing of any
such bridge or culvert, the commissioner shall cause to be erected
conspicuous signs to the effect that the bridge or culvert is closed to
all traffic, and shall cause to be erected barricades of a type approved
by the commissioner. Neither the state nor any other public entity
shall be responsible for any damages which may result to any vehicle or
to any person entering on or traveling over such bridge or culvert after
the erection of such barricades and signs.

The commissioner may take over, by official order, any bridge or
culvert located on the state highway system, for the purpose of
repairing, altering or reconstructing the structure as provided in this
section, and shall thereupon notify the regional director, the county
superintendent of each county or counties and the town superintendent
and supervisor of each town or towns in which such bridge or culvert is
located by mailing to each of them a copy of said official order. Any
bridge or culvert, except as hereinafter provided, either closed or
taken over by official order as above authorized shall be maintained,
repaired, reconstructed, or a bridge or culvert constructed on new
location at the sole expense of the state from the time of such
condemnation or taking over, and the commissioner of transportation
shall supervise such maintenance, repair, reconstruction, or
construction of a new bridge or culvert on a new location, and may pay
the cost of same from any funds available for the maintenance, repair,
reconstruction and construction of state highways and bridges. The
commissioner is hereby authorized to make surveys and designs for any
bridge or culvert located on the state system of highways prior to its
being taken over by official order as authorized in this section, and
may pay the cost of same from any funds available for the maintenance,
repair, reconstruction and construction of state highways and bridges.

After the closing or taking over by official order of any bridge or
culvert located on the state system of highways, such bridge or culvert
shall be deemed to be a part of the highway on which such bridge or
culvert is located.

3. The commissioner may let contracts for the repairing, altering,
reconstruction, or constructing on new location, of any bridge or
culvert provided for by this section in accordance with the general
provisions of section thirty-eight of this chapter, except as
hereinafter provided. In the performance of work provided by this
section, the commissioner may perform the work by the use of
departmental forces and equipment, and purchase materials therefor.

4. Whenever a portion of a state bridge or culvert is located within
the bounds of a city and the commissioner determines that such bridge or
culvert should be repaired, altered or reconstructed for public use and
travel, he shall prepare plans and specifications therefor which shall
show subdivided estimate covering that portion of the bridge or culvert
located within such city boundaries and he shall submit such plans and
estimate to the city for its examination and the city shall report,
within fifteen days, to the commissioner with such recommendations or
modifications the city may desire. That portion of the bridge or culvert
lying without the city boundaries shall be built and paid for in
accordance with this section and that portion of the bridge or culvert
lying within the city boundaries shall be paid for wholly by the city.
Before advertising a contract for the construction of such a bridge or
culvert the commissioner shall submit to the city the amount of the
estimated cost of that portion of such bridge or culvert which is to be
paid for by the city and the city shall thereupon provide the money
therefor and shall deposit such amount with the state department of
audit and control to be paid out by it on the audit and warrant of the
comptroller on vouchers therefor approved by the commissioner. Any such
city is hereby authorized to provide the means for obtaining such money
including the raising of all or part of such sums pursuant to the local
finance law. The commissioner shall authorize and supervise the
maintenance of that portion of a bridge or culvert located within the
bounds of a city and shall pay for the cost of such maintenance in the
first instance from the funds available for the maintenance, repair,
reconstruction and construction of state highways and bridges, but the
city shall, within three months after the receipt of a detailed
statement from the commissioner showing the city's share of the cost of
such maintenance work, deposit money equal to the cost of such work with
the state. This subdivision shall not apply to bridges heretofore
acquired or constructed which have previously been maintained by the
state, nor to bridges built pursuant to special acts of the legislature.
Any bridge located partly within a city constructed and paid for solely
through the use of federal funds shall have the same status with respect
to maintenance and reconstruction as if such bridge had been constructed
under the provisions of this section without the use of such federal
funds, and any bridge located wholly within a city so constructed
through the use of such federal funds shall be maintained and
reconstructed at the sole expense of the city.

5. The commissioner of transportation may provide, in carrying out the
provisions of this section, for additional width of a bridge or culvert,
extra sidewalk facilities or approaches, more expensive design, or other
features not essential for highway traffic when so requested by the
local municipality or municipalities provided such local municipality or
municipalities defray the additional cost thereof in the same manner and
under the same provisions of the highway law that they defray additional
cost of widening or building more expensive types of pavements on
highways. In such cases, the local municipality or municipalities shall
petition by resolution for such betterment, and shall deposit the
necessary additional funds with the state comptroller in a manner
similar to that provided in section forty-six of this chapter.

6. The commissioner of transportation, when requested by a
municipality, public utility company, private corporation, or
individual, may provide facilities in bridge or culvert construction for
carrying conduits, cables, water pipes and the like. The expense of
installing such facilities shall be borne by the municipality, company,
corporation or person desiring the same, and the total estimated cost
thereof shall be as estimated or determined by the commissioner of
transportation prior to the award of a contract including the
construction of such facilities in the same manner as provided in
section forty-six of the highway law. The commissioner of transportation
may, except as to a public utility company having a franchise for the
use of such a public road or highway, require and is hereby authorized
to fix an annual rental price to be paid to the state by such
municipality, corporation, company or individual as compensation for the
use of said facilities, provided, and according to terms and conditions
as prescribed by him.

7. In reconstructing a bridge or culvert under this section, the
commissioner of transportation shall remove and dispose of all old
steel, masonry and lumber through his agent, employees, contractors, or
otherwise, unless the municipality or municipalities owning the bridge
or culvert notifies the commissioner of transportation in writing that
it desires to salvage such structure and will remove and dispose of the
same at a time and in a manner satisfactory to and as directed by the
commissioner of transportation.

8. In the construction of bridges or culverts, within the meaning of
this section, the right of way necessary for the construction of a
temporary road and a temporary bridge or culvert, if necessary, during
the construction of the new structure, shall be acquired in accordance
with the provisions of section thirty of the highway law, as hereinafter
provided.

9. In the construction of bridges or culverts within the meaning of
this section, the commissioner of transportation may provide one or more
sidewalks upon the same and upon the approaches thereto, when in his
judgment the pedestrian traffic is sufficient to warrant such provision.

10. The provisions of this section shall be deemed to include all work
upon the bridge, culvert, temporary bridge or temporary culvert,
abutments, piers and guard rails as well as approaches thereto as
defined and limited by the commissioner of transportation in each
specific case. It shall also be deemed to include all excavation work in
the stream channel, protection to the stream banks and other work
necessitated by the new bridge or culvert construction, all as the
commissioner of transportation shall determine.

11. The commissioner of transportation may provide in the construction
or reconstruction of state highways for the separation of highway grade
crossings thereon when in his judgment such separations are necessary
for the safety and public welfare of the users thereof. He may also
provide for the separation of highway grade crossings involving any
state highway with any state or county parkway or drive or with any
other public street, avenue or road in conjunction with such other
state, county or municipal authority having jurisdiction thereof under
such terms and conditions as the commissioner of transportation may
impose. Prior to the performance of any work involving an agency other
than those under his jurisdiction, the commissioner of transportation
shall enter into an agreement with the authority having jurisdiction
thereof and such agreement shall indicate the division of costs for the
construction and maintenance of the structure and appurtenances. In
providing for such separation of grades, the commissioner of
transportation may provide for the construction of bridges and lateral
drives deemed necessary and may combine such work with additional work
to be paid in whole or in part by other state departments, counties or
municipalities. The commissioner of transportation is hereby authorized
to defray the state's share of the cost of such grade separations from
any funds available for the maintenance, repair, reconstruction or
construction of state highways and for the construction of state
parkways. If such construction requires payment of state funds under
the jurisdiction of another state department, such department shall,
prior to the award of a contract providing for such construction,
certify to the state department of audit and control that it has
obligated an amount estimated as necessary therefor by the commissioner
of transportation. If such construction requires payment of funds from
any county treasury, the board of supervisors of such county shall, by
resolution, make available to the requisition of the commissioner of
transportation an amount estimated as necessary therefor by the
commissioner of transportation prior to the award of a contract
providing for such construction. If such construction requires payment
of funds from any other agency for any purpose connected with such
construction, such funds, based upon estimates prepared by the
commissioner of transportation shall be deposited prior to the award of
a contract providing for such construction with the state department of
audit and control to be paid out by the comptroller on vouchers therefor
approved by the commissioner of transportation. If upon the completion
of the work, a balance of funds so deposited with the department of
audit and control shall remain unexpended such balance shall be returned
to the agency making such deposit. In contract work, monthly estimates
shall be made as the work progresses which shall show the subdivision of
costs to the participating agencies on such form as the state
comptroller may determine, copies of which may be furnished such
agencies participating in the cost of the work. Cost of engineering
shall be deemed a participating part of the expense in the proportions
fixed by the commissioner of transportation .

12. Whenever in the construction, reconstruction or improvement of a
state highway it is found advisable to change the course of a stream
channel so that it will not cross and recross the highway but will cross
any public road, highway or street, the commissioner of transportation
may include in the highway construction or reconstruction or improvement
contract plans for the construction of a bridge or culvert and necessary
approaches thereto over said changed course of the stream channel to
carry any such public road, highway or street over such changed course
of the stream channel. The cost of the construction of such bridge or
culvert and the approaches thereto shall be paid by the state out of any
funds available for the maintenance, repair, reconstruction or
construction of state highways and bridges. After the completion and
acceptance of such bridge or culvert, the cost of the maintenance
thereof shall be under the authority of the agency having jurisdiction
over the public road, highway or street upon which such bridge or
culvert is located.

13. Any person or persons driving on a bridge or culvert located on
the state system of highways with loads in excess of the maximum loading
permitted on such bridge or culvert as shown by the signs posted
thereon, or who in any way causes damage to a bridge or culvert in
violation of the provisions of the highway law or the vehicle and
traffic law shall be liable for any damage resulting to the bridge or
culvert. The superintendent of public works may take over, by official
order, any bridge or culvert so damaged and it shall be his duty to make
the necessary repairs or reconstruct such bridge or culvert and he may
pay for the cost of same out of funds available for the maintenance,
repair, reconstruction and construction of state highways and bridges.
The superintendent of public works is hereby authorized to bring an
action in the name of the state against any person or corporation to
recover damages sustained or suffered or expenses incurred by the state
in consequence of any act or omission of any such person or corporation
in violation of any of the provisions of the highway law or the vehicle
and traffic law.