2020 New York Laws
VAT - Vehicle and Traffic
Title 8 - Respective Powers of State and Local Authorities
Article 37 - Regulation of Traffic by Department of Transportation and Other State Authorities
1627 - Designation of Qualifying Highways and Access Highways.

§ 1627. Designation  of  qualifying  highways and access highways. (a)
The commissioner of transportation  shall,  for  the  purposes  of  this
chapter,  by  rule  or  regulation,  designate qualifying highways which
shall be highways on the  national  system  of  interstate  and  defense
highways or federal-aid primary highways.
  (b)  The  department  of  transportation,  for  the  purposes  of this
chapter, shall develop criteria to determine a highway providing  access
between  qualifying  highways  and terminals, facilities for food, fuel,
repairs, and rest and, in addition, for points of loading and  unloading
for  household  goods  carriers.  The  department may, by order, rule or
regulation,  designate  public  highways  within  the  state  as  access
highways.  The  department  of  transportation,  upon the request of the
legislative body of any city or village, or of a  county  superintendent
of  highways,  or  of  a  town  board may, by order, rule or regulation,
designate other city or  village  streets,  or  county  roads,  or  town
highways,  respectively,  as  access  highways.  Before  designating any
county, town, city or village, street or highway as an  access  highway,
the  commissioner of transportation shall notify the municipality having
jurisdiction over such street or highway of  the  need  for  such  local
access   road  and  solicit  comments  thereon.  If  objections  to  the
designation are filed by the municipality  having  jurisdiction  over  a
particular  street  or highway, the commissioner of transportation shall
set, as soon as practicable, a  public  informational  meeting.  If  the
commissioner   of   transportation   finds,   after   holding  a  public
informational meeting, that  his  proposed  designation  is  proper  and
reasonable, prior to filing a notice of agency action he shall so notify
the   municipality   in   writing   setting   forth   his  findings  and
justifications for such designation. The  municipality  shall  have  the
right  of judicial review pursuant to article seventy-eight of the civil
practice law and rules.
  (c) In  order  to  implement  the  provisions  of  this  section,  the
commissioner   of   transportation   may  issue  a  permit  pursuant  to
subdivision fifteen of section three hundred eighty-five of this chapter
or may sign such public highways.