N.Y. Laws » CHAPTER Highway / ARTICLE County Roads
New York Consolidated Laws

N.Y. Highway Law § 129 (2026)

Maintenance and apportionment of cost

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 129. Maintenance and apportionment of cost.  Notwithstanding any
other provisions of law, the maintenance of roads improved under the
provisions of this article shall be the responsibility of the county
under the jurisdiction of the county superintendent of highways.
Notwithstanding any other provisions of law, the cost of such
maintenance may be paid by the county from any funds in such county that
are available and that may be legally used for highway or road purposes
or from county funds raised, provided and appropriated therefor, in the
same manner as it raises, provides and appropriates moneys for the
construction of a road or highway under the provisions of sections one
hundred and ninety-four and one hundred and ninety-five of this chapter;
or, notwithstanding any other provision of law, the cost of such
maintenance may be paid from the county road fund.
  In either case the county may apportion such cost of maintenance
between it and the local municipalities in which such road or highway is
located, and the amounts to be so borne by the county and the local
municipalities, respectively, may be raised and provided in the same
manner as money is raised and provided under sections one hundred and
ninety-four and one hundred and ninety-five of this chapter for the
construction or improvement of a road or highway where the cost thereof
is apportioned between the county and a town or towns; or, such cost of
maintenance, as apportioned, may be paid by the county and local
municipalities, respectively, from any funds in such county and local
municipalities, respectively, that are available and that may be legally
used for highway, road or street purposes.
  The term "improved roads" as used in this section shall be deemed to
refer to and mean highways or roads with a pavement of substantial
character sufficient to afford a hard driving surface at all seasons of
the year and which can be efficiently maintained at all times.
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2010–2021 · leading case: Town of Huntington v. Cnty. of Suffolk, 79 A.D.3d 207 (N.Y. App. Div. 2d Dep't 2010).
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Town of Huntington v. Cnty. of Suffolk, 79 A.D.3d 207 (N.Y. App. Div. 2d Dep't 2010). · cites it 3× “The current form of Highway Law former § 320-b (12), with essentially the same wording, may be found in Highway Law § 129. One of the earliest interpretations of this statute can be found in Macrum v Hawkins ( 261 NY 193, 207 [1933]), where the Court of Appeals, in the context…”
Matter of Town of Huntington v. Cnty. of Suffolk, 195 A.D.3d 851 (N.Y. App. Div. 2d Dep't 2021). “600-2015 (hereinafter the resolution), which, in pertinent part, pursuant to Highway Law § 129, established a policy of apportioning the maintenance costs associated with the County road system to the municipalities in which such roadways are located.”
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