Section 233. State bridges and culverts

1. The commissioner shall cause an
  inspection to be made of any state bridge or culvert which  is  reported
  to  be  unsafe  for  its  posted loading by the regional director or the
  county superintendent or the town  superintendent.  If  such  bridge  or
  culvert  is found to be unsafe for such posted loading, the commissioner
  may cause the signs relating to the loading permitted on such bridge  or
  culvert to be modified and it shall be the duty of the regional director
  in  whose  region  such bridge or culvert is located to immediately make
  such changes in the signs  posted  on  the  bridge  or  culvert  as  the
  commissioner may order, and at the same time the regional director shall
  notify those responsible for the maintenance of the bridge or culvert of
  such action. After such inspection, the bridge or culvert shall have the
  same status with respect to maintenance and liability as it had prior to
  the  inspection.  Any  inspection of a bridge performed pursuant to this
  section shall be performed in accordance with the provisions of sections
  two hundred thirty-one and two hundred thirty-two of this article.
    2. The commissioner may, by an official order, close any state  bridge
  or  culvert and notify the regional director, the county superintendent,
  the town superintendent and the supervisor of the town of that fact, and
  if such bridge or culvert is located in more than one  town  or  county,
  the  county  superintendent,  town superintendent and supervisor of each
  town, respectively, shall have like notice. After  the  closing  of  any
  such  bridge  or  culvert,  the  commissioner  shall cause to be erected
  conspicuous signs to the effect that the bridge or culvert is closed  to
  all traffic, and shall cause to be erected barricades of a type approved
  by  the  commissioner.    Neither  the state nor any other public entity
  shall be responsible for any damages which may result to any vehicle  or
  to any person entering on or traveling over such bridge or culvert after
  the erection of such barricades and signs.
    The  commissioner  may  take  over,  by  official order, any bridge or
  culvert located  on  the  state  highway  system,  for  the  purpose  of
  repairing,  altering or reconstructing the structure as provided in this
  section, and shall thereupon notify the regional  director,  the  county
  superintendent  of  each  county or counties and the town superintendent
  and supervisor of each town or towns in which such bridge or culvert  is
  located  by  mailing  to each of them a copy of said official order. Any
  bridge or culvert, except as  hereinafter  provided,  either  closed  or
  taken  over  by  official order as above authorized shall be maintained,
  repaired, reconstructed, or a  bridge  or  culvert  constructed  on  new
  location  at  the  sole  expense  of  the  state  from  the time of such
  condemnation or taking over,  and  the  commissioner  of  transportation
  shall   supervise   such   maintenance,   repair,   reconstruction,   or
  construction of a new bridge or culvert on a new location, and  may  pay
  the  cost  of same from any funds available for the maintenance, repair,
  reconstruction and construction  of  state  highways  and  bridges.  The
  commissioner  is  hereby  authorized to make surveys and designs for any
  bridge or culvert located on the state system of highways prior  to  its
  being  taken  over  by official order as authorized in this section, and
  may pay the cost of same from any funds available for  the  maintenance,
  repair, reconstruction and construction of state highways and bridges.
    After  the  closing  or taking over by official order of any bridge or
  culvert located on the state system of highways, such bridge or  culvert
  shall  be  deemed  to  be  a part of the highway on which such bridge or
  culvert is located.
    3. The commissioner may let contracts  for  the  repairing,  altering,
  reconstruction,  or  constructing  on  new  location,  of  any bridge or
  culvert provided for by this section  in  accordance  with  the  general
  provisions   of   section   thirty-eight  of  this  chapter,  except  as

  hereinafter provided. In  the  performance  of  work  provided  by  this
  section,   the   commissioner  may  perform  the  work  by  the  use  of
  departmental forces and equipment, and purchase materials therefor.
    4.  Whenever  a portion of a state bridge or culvert is located within
  the bounds of a city and the commissioner determines that such bridge or
  culvert should be repaired, altered or reconstructed for public use  and
  travel,  he  shall prepare plans and specifications therefor which shall
  show subdivided estimate covering that portion of the bridge or  culvert
  located  within  such city boundaries and he shall submit such plans and
  estimate to the city for its examination  and  the  city  shall  report,
  within  fifteen  days,  to the commissioner with such recommendations or
  modifications the city may desire. That portion of the bridge or culvert
  lying without the city  boundaries  shall  be  built  and  paid  for  in
  accordance  with  this section and that portion of the bridge or culvert
  lying within the city boundaries shall be paid for wholly by  the  city.
  Before  advertising  a contract for the construction of such a bridge or
  culvert the commissioner shall submit to the  city  the  amount  of  the
  estimated  cost of that portion of such bridge or culvert which is to be
  paid for by the city and the city  shall  thereupon  provide  the  money
  therefor  and  shall  deposit  such  amount with the state department of
  audit and control to be paid out by it on the audit and warrant  of  the
  comptroller on vouchers therefor approved by the commissioner.  Any such
  city  is hereby authorized to provide the means for obtaining such money
  including the raising of all or part of such sums pursuant to the  local
  finance   law.  The  commissioner  shall  authorize  and  supervise  the
  maintenance of that portion of a bridge or culvert  located  within  the
  bounds  of  a city and shall pay for the cost of such maintenance in the
  first instance from the funds available  for  the  maintenance,  repair,
  reconstruction  and  construction of state highways and bridges, but the
  city shall,  within  three  months  after  the  receipt  of  a  detailed
  statement  from the commissioner showing the city's share of the cost of
  such maintenance work, deposit money equal to the cost of such work with
  the state.   This subdivision shall  not  apply  to  bridges  heretofore
  acquired  or  constructed  which  have previously been maintained by the
  state, nor to bridges built pursuant to special acts of the legislature.
  Any bridge located partly within a city constructed and paid for  solely
  through the use of federal funds shall have the same status with respect
  to maintenance and reconstruction as if such bridge had been constructed
  under  the  provisions  of  this section without the use of such federal
  funds, and any bridge  located  wholly  within  a  city  so  constructed
  through   the  use  of  such  federal  funds  shall  be  maintained  and
  reconstructed at the sole expense of the city.
    5. The commissioner of transportation may provide, in carrying out the
  provisions of this section, for additional width of a bridge or culvert,
  extra sidewalk facilities or approaches, more expensive design, or other
  features not essential for highway traffic  when  so  requested  by  the
  local municipality or municipalities provided such local municipality or
  municipalities defray the additional cost thereof in the same manner and
  under the same provisions of the highway law that they defray additional
  cost  of  widening  or  building  more  expensive  types of pavements on
  highways. In such cases, the local municipality or municipalities  shall
  petition  by  resolution  for  such  betterment,  and  shall deposit the
  necessary additional funds  with  the  state  comptroller  in  a  manner
  similar to that provided in section forty-six of this chapter.
    6.   The   commissioner   of   transportation,  when  requested  by  a
  municipality,  public   utility   company,   private   corporation,   or
  individual, may provide facilities in bridge or culvert construction for
  carrying  conduits,  cables,  water  pipes  and the like. The expense of

  installing such facilities shall be borne by the municipality,  company,
  corporation  or  person  desiring the same, and the total estimated cost
  thereof shall be as estimated  or  determined  by  the  commissioner  of
  transportation   prior   to  the  award  of  a  contract  including  the
  construction of such facilities  in  the  same  manner  as  provided  in
  section forty-six of the highway law. The commissioner of transportation
  may,  except  as  to a public utility company having a franchise for the
  use of such a public road or highway, require and is  hereby  authorized
  to  fix  an  annual  rental  price  to  be  paid  to  the  state by such
  municipality, corporation, company or individual as compensation for the
  use of said facilities, provided, and according to terms and  conditions
  as prescribed by him.
    7.  In  reconstructing  a  bridge  or  culvert under this section, the
  commissioner of transportation shall  remove  and  dispose  of  all  old
  steel,  masonry and lumber through his agent, employees, contractors, or
  otherwise, unless the municipality or municipalities owning  the  bridge
  or  culvert  notifies the commissioner of transportation in writing that
  it desires to salvage such structure and will remove and dispose of  the
  same  at  a  time and in a manner satisfactory to and as directed by the
  commissioner of transportation.
    8. In the construction of bridges or culverts, within the  meaning  of
  this  section,  the  right  of  way  necessary for the construction of a
  temporary road and a temporary bridge or culvert, if  necessary,  during
  the  construction  of the new structure, shall be acquired in accordance
  with the provisions of section thirty of the highway law, as hereinafter
  provided.
    9. In the construction of bridges or culverts within  the  meaning  of
  this section, the commissioner of transportation may provide one or more
  sidewalks  upon  the  same  and upon the approaches thereto, when in his
  judgment the pedestrian traffic is sufficient to warrant such provision.
    10. The provisions of this section shall be deemed to include all work
  upon  the  bridge,  culvert,  temporary  bridge  or  temporary  culvert,
  abutments,  piers  and  guard  rails  as  well  as approaches thereto as
  defined and limited  by  the  commissioner  of  transportation  in  each
  specific case. It shall also be deemed to include all excavation work in
  the  stream  channel,  protection  to  the  stream  banks and other work
  necessitated by the new bridge  or  culvert  construction,  all  as  the
  commissioner of transportation shall determine.
    11. The commissioner of transportation may provide in the construction
  or  reconstruction of state highways for the separation of highway grade
  crossings thereon when in his judgment such  separations  are  necessary
  for  the  safety  and  public  welfare of the users thereof. He may also
  provide for the separation of  highway  grade  crossings  involving  any
  state  highway  with  any  state  or county parkway or drive or with any
  other public street, avenue or  road  in  conjunction  with  such  other
  state,  county  or municipal authority having jurisdiction thereof under
  such terms and conditions as  the  commissioner  of  transportation  may
  impose.  Prior  to the performance of any work involving an agency other
  than those under his jurisdiction, the  commissioner  of  transportation
  shall  enter  into  an  agreement with the authority having jurisdiction
  thereof and such agreement shall indicate the division of costs for  the
  construction  and  maintenance  of  the  structure and appurtenances. In
  providing  for  such  separation  of   grades,   the   commissioner   of
  transportation  may  provide for the construction of bridges and lateral
  drives deemed necessary and may combine such work with  additional  work
  to  be  paid in whole or in part by other state departments, counties or
  municipalities. The commissioner of transportation is hereby  authorized
  to  defray  the state's share of the cost of such grade separations from

  any funds available  for  the  maintenance,  repair,  reconstruction  or
  construction  of  state  highways  and  for  the  construction  of state
  parkways.  If such construction requires payment of  state  funds  under
  the  jurisdiction  of  another  state department, such department shall,
  prior to the award  of  a  contract  providing  for  such  construction,
  certify  to  the  state  department  of  audit  and  control that it has
  obligated an amount estimated as necessary therefor by the  commissioner
  of  transportation.  If such construction requires payment of funds from
  any county treasury, the board of supervisors of such county  shall,  by
  resolution,  make  available  to  the requisition of the commissioner of
  transportation  an  amount  estimated  as  necessary  therefor  by   the
  commissioner  of  transportation  prior  to  the  award  of  a  contract
  providing for such construction.  If such construction requires  payment
  of  funds  from  any  other  agency  for any purpose connected with such
  construction,  such  funds,  based  upon  estimates  prepared   by   the
  commissioner  of transportation shall be deposited prior to the award of
  a contract providing for such construction with the state department  of
  audit and control to be paid out by the comptroller on vouchers therefor
  approved  by the commissioner of transportation.  If upon the completion
  of the work, a balance of funds so  deposited  with  the  department  of
  audit and control shall remain unexpended such balance shall be returned
  to  the  agency making such deposit. In contract work, monthly estimates
  shall be made as the work progresses which shall show the subdivision of
  costs  to  the  participating  agencies  on  such  form  as  the   state
  comptroller  may  determine,  copies  of  which  may  be  furnished such
  agencies participating in the cost of  the  work.  Cost  of  engineering
  shall  be  deemed a participating part of the expense in the proportions
  fixed by the commissioner of transportation .
    12. Whenever in the construction, reconstruction or improvement  of  a
  state  highway  it  is  found advisable to change the course of a stream
  channel so that it will not cross and recross the highway but will cross
  any public road, highway or street, the commissioner  of  transportation
  may include in the highway construction or reconstruction or improvement
  contract plans for the construction of a bridge or culvert and necessary
  approaches  thereto  over  said  changed course of the stream channel to
  carry any such public road, highway or street over such  changed  course
  of  the  stream  channel. The cost of the construction of such bridge or
  culvert and the approaches thereto shall be paid by the state out of any
  funds  available  for  the  maintenance,   repair,   reconstruction   or
  construction  of  state  highways  and bridges. After the completion and
  acceptance of such bridge  or  culvert,  the  cost  of  the  maintenance
  thereof  shall  be under the authority of the agency having jurisdiction
  over the public road, highway  or  street  upon  which  such  bridge  or
  culvert is located.
    13.  Any  person  or persons driving on a bridge or culvert located on
  the state system of highways with loads in excess of the maximum loading
  permitted on such bridge  or  culvert  as  shown  by  the  signs  posted
  thereon,  or  who  in  any  way  causes damage to a bridge or culvert in
  violation of the provisions of  the  highway  law  or  the  vehicle  and
  traffic  law  shall  be liable for any damage resulting to the bridge or
  culvert. The superintendent of public works may take over,  by  official
  order, any bridge or culvert so damaged and it shall be his duty to make
  the  necessary  repairs or reconstruct such bridge or culvert and he may
  pay for the cost of same out of funds  available  for  the  maintenance,
  repair,  reconstruction  and construction of state highways and bridges.
  The superintendent of public works is  hereby  authorized  to  bring  an
  action  in  the  name  of the state against any person or corporation to
  recover damages sustained or suffered or expenses incurred by the  state

  in  consequence of any act or omission of any such person or corporation
  in violation of any of the provisions of the highway law or the  vehicle
  and traffic law.