New York Laws
Article 3 - State Highways
45 - 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.