2006 New York Code - Entry Upon Adjacent Lands And Streams.

 
    § 45. Entry upon adjacent lands and streams. Lands adjacent to a state
  highway  or adjoining or in the bed or beds of any streams or creeks may
  be entered upon and occupied by the commissioner of transportation,  his
  representatives  and  employees, or by a contractor or any of his agents
  or employees when directed by the commissioner of transportation or  his
  representative:
    1.  to  open,  maintain or construct an existing ditch or drain or for
  making surveys and for digging a  new  ditch  or  drain,  or  a  section
  thereof,  for  the  free  passage  of  water  for  the  drainage of such
  highways.
    2. to perform such work of construction,  reconstruction,  improvement
  or  maintenance  in  order  to keep the waters of such streams or creeks
  within their proper channels and  to  prevent  their  encroachment  upon
  state highways or bridges thereon.
    3.  to  remove  or change the position of a fence or other obstruction
  which, in the judgment of the commissioner of  transportation,  prevents
  the  free  flow  of  water  under  or through a state highway, bridge or
  culvert.
    4. to remove any fence or other obstruction which, in the judgment  of
  the  commissioner  of transportation, causes snow to drift in and upon a
  state highway, and to erect snow fences or other devices upon such lands
  to prevent the drifting of snow in or upon any such highway.
    5. to inspect trees for the purpose of determining whether any are  in
  such  a  condition  as  to  constitute a danger to users of the adjacent
  highway and to remove or prune those trees or parts thereof which in the
  judgment of the commissioner constitute such a danger.
    Notwithstanding the provisions of any general, special or local law or
  of any inconsistent provision of this chapter,  claims  for  any  damage
  caused  by such entry and work and not exceeding three hundred and fifty
  dollars  may  be  adjusted  by  agreement   by   the   commissioner   of
  transportation  without appropriating any property. Upon making any such
  agreement  and  adjustment,  and  upon  the  approval  thereof  by   the
  department  of  audit  and  control,  the commissioner of transportation
  shall deliver to  the  comptroller  such  agreement  and  a  certificate
  stating  the  amount  due such owner for damage caused by such entry and
  work and the amount so fixed shall be paid out  of  the  state  treasury
  from  moneys  appropriated  for  the  maintenance  and  repair  of state
  highways.