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Current as of January 01, 2026 | Updated by Findlaw Staff
The town superintendent may, when directed by the county superintendent, and when authorized by the town board, enter
1. Upon any lands adjacent to any of the highways in the town, for the purpose of opening an existing ditch or drain, or for digging a new ditch or drain for the free passage of water for the drainage of such highways.
2. Upon the lands of any person adjoining rivers, streams or creeks, to drive spiles, throw up embankments and perform such other labor as may be necessary to keep such rivers, streams or creeks within their proper channels, and to prevent their encroachment upon highways or abutments of bridges.
3. Upon the lands adjoining a highway which, during the spring freshets or at a time of high water are subject to overflow from such rivers, streams or creeks, to remove or change the position of a fence or other obstruction preventing the free flow of water under or through a highway, bridge or culvert, whenever the same may be necessary for the protection of such highway or bridge.
4. Upon any lands adjacent to highways to remove any fence or other obstruction which causes snow to drift in and upon such highways, and erect snow fences or other devices upon such lands to prevent the drifting of snow in or upon such highways.
Cite this article: FindLaw.com - New York Consolidated Laws, Highway Law - HAY § 147. Entry upon lands by town superintendent - last updated January 01, 2026 | https://codes.findlaw.com/ny/highway-law/hay-sect-147/
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