2019 New York Laws
VAT - Vehicle and Traffic
Title 8 - Respective Powers of State and Local Authorities
Article 44 - Traffic-Control Devices
1681 - State Traffic-Control Devices.

§ 1681. State   traffic-control   devices.   (a)   The  department  of
transportation shall order the installation, operation, maintenance  and
removal  of  such  traffic-control devices, conforming to its manual and
specifications, upon all state highways maintained by the  state  or  on
any  highway intersecting a state highway maintained by the state on the
approach to such intersection as it may deem necessary to  indicate  and
to  carry  out  the  provisions of this chapter or to regulate, warn, or
guide traffic, and elsewhere as specifically authorized by this chapter.
  (b) The department  of  transportation  may  order  the  erection  and
maintenance of suitable directional signs upon the streets of cities and
villages  and  upon county roads and town highways outside of cities and
villages within the  state,  to  facilitate  through  traffic,  provided
consent  therefor  is  first  obtained from the local authorities of the
city, village or town or the county superintendent of highways.
  (c) Except as otherwise provided  the  cost  of  providing,  erecting,
maintaining   and   removing  traffic-control  devices  ordered  by  the
department of transportation shall be paid from any moneys available for
the  maintenance,  repair  or  reconstruction  of  state  highways  upon
vouchers approved by the department of transportation. However, the work
of  providing, erecting and removing such traffic-control devices may be
performed by contract in the same manner as provided for state  highways
in  article  three  of  the highway law, or, by the use of department of
transportation  forces  and  equipment  and  all   materials   purchased
therefor, or by a combination of such methods, and the cost of such work
may  be  paid  from  such moneys available for the construction of state
highways. Except as herein provided, nothing shall  be  paid  from  such
moneys for providing, erecting or maintaining traffic-control signals or
flashing  signals  used  in  connection  with  regulating traffic upon a
highway under the jurisdiction of the department  of  transportation  at
entrances  to  private  property,  and  nothing  shall be paid from such
moneys for maintaining traffic-control signals or flashing signals  used
in   connection  with  regulating  traffic  upon  a  highway  under  the
jurisdiction  of  the  department  of  transportation  at  entrances  to
schools.  Upon  determination by the department of transportation of the
need for such a signal, the department of transportation may permit  any
person,  firm,  association,  corporation  or public body to provide and
erect such  signal  in  accordance  with  standards  and  specifications
established  by  the  department  of  transportation.  The department of
transportation may require that some or all  of  the  control  equipment
used  in  the  signal  construction  be  supplied by the state to ensure
equipment quality and compatibility with state practices and the cost of
such furnished equipment shall be reimbursed to the state by  the  party
receiving permission to provide and erect the signal.
  All  signals  erected  on  or  after  the first day of April, nineteen
hundred eighty-six with permission of the department  of  transportation
and  in  accordance with the standards and specifications established by
the department of transportation shall be maintained by the  state.  The
party which erected such signals shall pay the state an annual fee to be
determined  by the commissioner of transportation. Such fees shall cover
the cost of normal signal maintenance, but shall not include the cost of
electrical energy or major modifications  or  replacements  which  shall
remain  the  responsibility  of  the party which erected the signal. The
department of transportation may, in its discretion, agree to assume the
same maintenance responsibility for signals erected with the  permission
of  the  department  of  transportation prior to the first day of April,
nineteen  hundred  eighty-six,  if  the  department  of   transportation
determines  that  such  signal substantially meets established standards
and is in a satisfactory state of repair. The party which  erected  such

signals shall also pay the state an annual fee which shall be calculated
in the same manner as fees for signals erected on or after the first day
of April, nineteen hundred eighty-six.
  No  such  traffic signal or flashing signal erected with permission of
the department of  transportation  shall  be  removed  except  with  the
written consent of the department of transportation.
  The  department  of  transportation shall have the right to revoke its
permission to provide, erect or maintain such a signal  and  shall  have
the  right  to  require  that the signal be removed without a hearing or
necessity of showing cause.
  (d) Signs posting speed limits established on county  roads  and  town
highways  as  provided for in subdivision one of section sixteen hundred
twenty-two, and traffic-control devices posting traffic  regulations  on
the  grounds  of  state  departments  and  certain state institutions as
provided for  in  sections  sixteen  hundred  twenty-three  and  sixteen
hundred  twenty-seven  shall  be  provided,  installed and maintained at
their own expense by  the  county,  town,  state  or  state  institution
respectively.  Signs posting speed limits established as provided for in
subdivision two of section sixteen hundred twenty-two shall be provided,
installed and maintained at its own expense by the town.
  (e) Except as  otherwise  provided  for  in  section  sixteen  hundred
eighty-two  no  state  agency,  local authority or person shall place or
maintain any traffic-control device upon any state highway maintained by
the state except by permission of the department of transportation.