BILL NUMBER: S7393
SPONSOR: GRIFFO
 
TITLE OF BILL:
An act to amend the highway law, in relation to minimum maintenance
roads by towns
 
PURPOSE:
This bill authorizes towns to designate certain town roads as low-volume
roads and certain low-volume roads as minimum maintenance roads.
 
SUMMARY OF PROVISIONS:
Like Chapter 690 of the Laws of 2023, this legislation amends section
205-c of the highway law to permit towns to designate minimum mainte-
nance roads by a local law passed by the town board following a public
hearing.
Section one sets forth the procedure to do so, and section two sets the
effective date.
 
JUSTIFICATION:
In 1990, the Legislative Commission on Rural Resources sponsored a law
establishing the NYS Local Roads Research and Coordination Council. The
Council defined and promulgated standards for low-volume road classi-
fication. The purpose in designating low-volume roads is to reduce costs
associated with bringing such roads to state or national design stand-
ards. Towns have been adopting local laws designating roads as low-vo-
lume according to the Council's standards. This bill would establish the
classification system in state highway law to provide assurance to towns
that such designations have the authority of state law.
In addition, this legislation would establish a comprehensive and trans-
parent process for towns to designate recreational or agricultural roads
as minimum maintenance as well as an appeal process for landowners.
These low-volume roads would not require as much maintenance, such as
plowing and grading, as other roads, saving towns money.
Roads that are the primary access for farm operations, or that have a
year-round residence at the time of designation, would not be designated
minimum maintenance. Furthermore, the designation of minimum maintenance
and the standards adopted cannot restrict farm operations in an Agricul-
tural District even if the road is not a primary farm access road. Farm-
ers who change the use of a field along a minimum maintenance road would
be able to request that a town modify standards to allow for better
access so that their farm operations are not restricted. Such
restriction is already prohibited by the agricultural districts law.
This bill would also establish a formal process for landowners to peti-
tion to discontinue the minimum maintenance designation or to modify
maintenance standards.
It is difficult for many local highway departments lacking professional
engineers to design or upgrade older low-volume roads that do not meet
current engineering standards. In many rural towns, the highway budget
already exceeds 50% of total town expenditures, sometimes by a signif-
icant amount. It is impractical for rural towns to afford this level of
design, construction and maintenance. Low-volume and minimum mainte-
nance designations would provide more realistic and affordable standards
while maintaining public input.
In addition to the fiscal relief that this bill affords, low volume, and
particularly minimum maintenance roads, are a management tool that helps
towns to maintain access to working landscapes such as forestlands,
recreational areas and agriculture with reasonable costs. These desig-
nations may also help prevent over-development or sprawl in rural areas
reducing competition for the use of such lands.
 
LEGISLATIVE HISTORY:
2023-24-S.1836 - Passed Senate/A.2225-Transportation Committee
2021-22 - S. 3825/A.326 - Transportation Committee.
2019-20 - S. 2910 Passed Senate/A. 3724 - Transportation Committee.
2017-18 - S. 2537 Passed Senate/A. 418 - Transportation Committee.
2015-16 - S. 2265 - Passed Senate/A. 1837 - Transportation Committee.
2013-14 S. 1965 - Passed Senate/A. 1407 - Transportation Committee.
 
FISCAL IMPLICATIONS:
Cost savings for towns.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.