§ 346. Distinctive requirements of state thruways. Highways
constructed, improved or reconstructed, and maintained as prescribed in
this article, shall be designated "state thruways" and bridges thereon
shall be deemed a part thereof. Each state thruway, except the Niagara
thruway and the New England thruway, shall be constructed, improved or
reconstructed on a right of way of such width as the commissioner of
transportation may determine, provided, however, that such width shall
be not less than two hundred feet, except in any location where, in the
judgment of the commissioner of transportation, such minimum width shall
be deemed to be impracticable. The commissioner of transportation shall
set monuments on the boundaries thereof, and he may cause fences to be
erected along or adjacent to such boundaries and he is authorized to
install suitable lighting, directional and protective facilities,
devices, and appurtenances, if he deems it necessary in the interest of
public safety.

Notwithstanding the provisions of any general, special or local law or
of any inconsistent provision of this chapter, the maintenance of state
thruways shall include the control of snow and ice. Such maintenance
shall be done by the method or methods provided in this chapter for the
maintenance of improved state highways in towns and incorporated
villages. Whenever funds are provided therefor, the commissioner of
transportation shall have power to acquire for the state, by purchase or
by appropriation through the procedure specified in section thirty of
this chapter property for the purpose of providing, erecting and
maintaining thereon storehouses and repair shops for the storing of
supplies and material and for the storing, repairing and maintaining of
equipment, machinery, tools and implements; and of constructing and
maintaining such storehouses and repair shops.

Pursuant to any statutes in such cases made and provided, the
superintendent of state police shall exercise jurisdiction and control
over the user and the vehicular traffic upon state thruways in
accordance with generally established as well as special traffic
regulations, which shall be invoked immediately upon the opening to the
public of any state thruway or section thereof by the issuance of an
official order for such opening by the commissioner of transportation
and the delivery of a certified copy thereof by him to the
superintendent of state police.

The commissioner of transportation shall have power to acquire by
appropriation by the method contained in this article, property for the
purpose of providing, and also to construct or reconstruct thereon
suitable housing and other facilities and appurtenances for members of
the division of the state police who shall be engaged in exercising such
jurisdiction and control. Upon approval by the director of the budget,
the cost of such property and of such construction or reconstruction
shall be paid from funds available for construction, reconstruction or
improvement of state highways and thruways as part of the cost thereof.

The commissioner of transportation is authorized to classify any part
of a state thruway as a controlled access highway pursuant to this
chapter, when the construction thereof is done on a location where no
public highway theretofore existed. Highway and railroad grade crossings
shall be eliminated generally by structures to be determined by the
commissioner of transportation, who is hereby given authority to combine
or relocate intersecting highways, streets, or roads to adjust traffic
to such grade separation structures, except that the grade crossing
elimination structures involved in public service commission cases
number fifty-four hundred seventy-two and nine thousand fifty-eight
shall remain under the jurisdiction of such commission or its successor.
The entire cost of such structure as so determined by the commissioner
of transportation shall be included in the cost of the thruway.
Telephone and telegraph wires, power transmission and gas, oil and water
lines, conduits, cables of every kind and nature, that cross any thruway
may, in the discretion of the commissioner of transportation, be
relocated in suitable facilities to be installed under or over and
across any such thruway. The expense of such relocation and of
installing such facilities shall be deemed to be part of the cost of the
thruway. The work of such relocation may be done by the owner of such
wires, lines, conduits and cables, and the commissioner of
transportation is hereby empowered to enter into an agreement with such
owner for the performance of all or any part of the work of such
relocation at the expense of the state. Access from one traffic
direction to the other shall be provided only at such points and in such
manner as the commissioner of transportation shall determine. Access or
branch connections from any thruway or section thereof to any highway
that is authorized by this chapter, shall, in the discretion of the
commissioner of transportation, be included in the plans,
specifications, and estimates and shall be constructed according to such
design and type as the commissioner of transportation shall deem to be
suitable for the purposes thereof notwithstanding the distinctive
requirements of this section. Each state thruway shall provide for not
less than two lanes of traffic in each direction. Opposing traffic on
every completed state thruway shall be separated by a mall generally or,
the commissioner of transportation may separate such opposing traffic by
such other alignment of the respective lanes of traffic which, in the
judgment of the commissioner of transportation is practicable because of
topographic conditions and is beneficial to the public interest. Rights
of way for state thruways shall be acquired by the state as provided in
section three hundred forty-seven of this chapter. Any state highway or
portion thereof may be utilized and become a part of any state thruway
when authorized by the commissioner of transportation, provided such
highway or portion thereof either meets the prescribed requirements of a
state thruway or is appropriately altered so as to come within such
requirements before its incorporation into the thruway. Similarly, any
portion of a state thruway may be constructed in whole or in part and
utilized as a part of the state highway system pending the completion of
the thruway when so determined by the commissioner of transportation and
funds are provided for such construction.