N.Y. Highway Law § 102 (2026)

§ 102. General powers and duties of county superintendents. The county
superintendent appointed as provided in this article shall:
  1. Have supervision of all roads and bridges comprising the county
highway system, together with any other roads, bridges, including
bridges over canals and railroad bridges and state and interstate
highways for which responsibility is imposed upon the county under any
lawful agreement made by the county or under any other provision of law.
  2. Visit and inspect the county roads and county bridges of his county
so often as shall be necessary. Visit and inspect any specified city,
town or village highway or bridge of his county when requested in
writing by the town superintendent, city or village mayor and advise and
direct the town superintendent or the appropriate city or village
official how best to repair, maintain and improve such highway or
bridge.
  3. Shall prepare and submit annually, in the manner prescribed by and
on or before the date fixed by or pursuant to law, a statement of the
amount necessary to be raised by the board of supervisors for the
construction, improvement and maintenance of such county roads for the
ensuing year, showing the amount by towns and as a total and the
location where any permanent repairs are required to be made.
  4. Examine the various formations and deposits of gravel and stone in
his county, for the purpose of ascertaining the materials which are best
available and suitable for the improvement of highways therein.
  5. Establish, or cause to be established, such grades, and recommend
such means of drainage, repairs and improvements, as seem to him
necessary whenever requested by the town superintendent or town board.
  6. Approve plans and specifications and estimates for the erection and
repair of bridges and the construction and maintenance of town highways.
  7. Report to the department of transportation annually, on or before
October first in each year, in relation to the highways and bridges in
his county, containing such matter and in such form as may be prescribed
by the department of transportation, and file a duplicate thereof with
the clerk of the board of supervisors. Additional reports shall be made
from time to time when required by the department of transportation in
respect to such matters as may be specified by it.
  9. During the construction or improvement of any highway or road, if
such highway or road be closed to the traveling public and another
existing highway is caused to be used in lieu of the closed highway or
road as provided in section one hundred and four of this chapter,
provide, erect and maintain a sufficient number of detour signs so that
the temporary route or detour shall be clearly indicated throughout its
entire length, and upon the discontinuance of said temporary route or
detour, cause said signs to be removed, and the cost of all thereof
shall be paid out of any moneys available for the construction or
improvement or maintenance of such highways or roads, respectively.
  10. Accurately ascertain and locate the corners of the established
boundaries of counties, towns, cities and villages and, where townships
were originally subdivided into lots to accurately ascertain and
establish such lot corners if any such corners will be located within
the bounds of the improved part of any state or county highway or county
road.
  If the county superintendent shall not be a civil engineer he may hire
a competent civil engineer to locate such corners. In either case he may
employ such other assistants as may be necessary, the cost and expense
thereof to be a county charge.
  Nothing in this subdivision contained, however, shall be construed to
extend to the location of the corner or other boundaries of city, or
village lots, or farm lands, except as they may be, incidentally, the
corners of the boundaries of counties, towns, cities, villages or
original subdivisions of towns, except, also, that where the corners or
boundaries of city or village lots, or farm lands, have been located and
a monument placed before the improvement of such highway, the owner of
such city or village lots or farm lands may point out to such engineer
the location of such monument, and upon such owner furnishing a suitable
monument, it shall be the duty of such engineer to erect such monument
in the manner heretofore provided.
  11. Cause noxious weeds, briers and brush growing within the bounds of
county roads and town highways improved by county aid to be cut and
removed between July fifteenth and August fifteenth, and as many other
times as he may deem necessary, in each year, and perform such other
duties as may be prescribed by law, or the rules and regulations of the
department.
  13. File with the clerk of the board of supervisors not later than the
thirty-first day of December of each year an itemized inventory of all
machinery and equipment under his jurisdiction, showing the condition
and estimated present value of each article, except small tools of an
original value not exceeding five dollars. He shall also include with
said inventory a statement as to the condition of any tool house, shop
or garage under his jurisdiction and an estimated amount for necessary
repairs or improvements.
  14. Have the full control of all shade trees within the county roads
on the county road system, but not within the limits of an incorporated
village, and shall prosecute complaints for malicious injury to, or
unlawful acts concerning, such public shade trees.
  15. Provide for the construction of sidewalks adjacent to county roads
when he is of the opinion the same are necessary. He shall have full
authority to determine the type, width, location with respect to the
highway, and the general construction details of such sidewalks. No such
sidewalk shall be constructed in that portion of a town outside a
village unless the town board consents thereto. No such sidewalk shall
be constructed within any city or village unless the governing body of
such city or village consents thereto.  The expense of such construction
shall be a proper charge against funds available for the construction,
reconstruction or maintenance of county roads.
  16. Notwithstanding any inconsistent provision of law, general,
special or local, the county superintendent of highways of any county
may, with the approval of the board of supervisors, or county
legislature, permit the use of county highway machinery, tools,
equipment and implements, by the superintendent of public works of any
city in such county, upon such terms and conditions as may be agreed
upon by the county and city involved. All sums obtained pursuant to any
terms agreed upon shall be deposited in the county road machinery fund.
  17. Have authority to erect signs on county roads and town highways
warning the public of the penalty for placing injurious substances on
such roads or highways under the provisions of the vehicle and traffic
law.
  18. Removal of vehicles. a. The county superintendent shall have the
power to cause the removal of any vehicle left unattended for more than
twenty-four hours within the right of way of any county road or on any
other public property under his jurisdiction.
  b. The county superintendent shall have the power to cause the
immediate removal, from the right of way of any county road, of any
vehicle which obstructs or interferes with the use of such road for
public travel; or which obstructs or interferes with the construction,
reconstruction or maintenance of such road; or which obstructs or
interferes with the clearing or removal of snow or ice from such road;
or which obstructs or interferes with any operation of the county
department of highways during a public emergency.
  c. The owner of a vehicle removed under any of the provisions of this
subdivision may be charged the reasonable cost of removal thereof.
  d. The term "vehicle" as used in this subdivision, shall mean every
device in, upon, or by which any person or property is or may be
transported or drawn upon a road, except devices moved by human power or
used exclusively upon stationary rails or tracks.