Can a Town Highway Department Perform Drainage Work Outside the Right-of-Way?

Question:

Can a town highway department perform drainage work outside the right-of-way?

Answer:

Yes, but only under certain conditions. New York State Highway Law §147 allows a town highway superintendent to enter private land adjacent to a highway to open, clear, or create a ditch or drain when the work is needed to protect or improve drainage for the highway.

Before entering the property, the town superintendent must be directed by the county superintendent and get approval from the town board. The main purpose of the work must be to help protect or drain the town’s highway, bridge, or culvert, not to improve the landowner’s property.

Highway Law §148 states that if the work damages the property, the town is responsible for reimbursement for those damages. 

Resources:

• New York State Highway Law §147: Entry Upon Lands by Town Superintendent
• New York State Highway Law §148: Damages to Owners of Lands
• Powers and Duties of Local Highway Officials
• Rights and Responsibilities of Local Highway Officials
• Drainage Law and Drainage Situations and Problems in New York State