New York Laws
Article 37 - Regulation of Traffic by Department of Transportation and Other State Authorities
1627 - Designation of Qualifying Highways and Access 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.