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Can I barricade a gravel road during frost-thaw months to restrict access to vehicles that would damage the road?

If I have a gravel road that has no structures, driveways, or easements on it, and is designated as a Seasonal Limited Use Highway, can I barricade it during frost-thaw months to restrict access to vehicles that would damage the road?


A Seasonally limited Use Highway designation only allows you to cease maintenance during the winter months. Legally you are not allowed to barricade the road since it is technically not closed. Using a barricade without proper legal standing could result in legal action.


The Legal authority for temporary closures of town or county highways is found in Highway Law §104. While Highway Law §104 is broad in language it should not be used except for temporary closures related to construction, repair or maintenance work of a town or county highway or for emergencies related to a town or county highway.

Resources:

Powers and Duties of Local Highway Officials
https://cornell.app.box.com/v/clrp-ws-pd

NYS Highway Law §104
https://www.nysenate.gov/legislation/laws/HAY/104

 

March, 19'