New York Highway Permit Performance Bond (Right of Way Bond ~ New York)

Bond Penalty: Pursuant to Statutory Formula

A New York highway permit bond is required by 17 CRR-NY 127.6, pursuant to the state's "performance and payment security" requirements. Per the statute, "permitted work that is reasonably be expected to include construction, maintenance or alteration to any feature of the state highway, or in the event that the permit requires engineering review or inspections, permit applicants must file a sufficient surety bond to insure the completion of all work, restoration of state property, payment for all labor and materials and the recovery of reasonable state expenses."

There are seven specific statutory permit types which require a principal to post the New York highway permit performance bond. The right of way permit bond thresholds are set forth in sections 127.7 and 127.8 of 17 CRR-NY and calculated as follows:

  1. Residential driveways.
    A surety bond is required for any driveway that requires the installation of drainage structures or includes cuts to the curb or pavement of the State highway. The amount of the bond is $1,000.
  2. Commercial driveways, subdivision streets, and temporary access entrances.
    The highway permit bond for a commercial driveway, subdivision street, or temporary access permitted under section 125.10(a) must be issued in an amount sufficient to ensure the completion of the permitted work and the payment of all associated expenses, including the expenses for which the permittee is responsible to the Department of Transportation. (Minimum of fifty percent (50%) of the estimated value of all work to be performed on state land.
  3. Permit traffic signals or other overhead features on or attached to traffic signals, bridges or sign structures.
    The surety bond for any permit for to install a traffic signal permitted under section 125.11, or to construct maintain or alter other overhead features on or attached to traffic signals, bridges or sign structures must be sufficient to ensure the completion of the permitted work and the payment of all associated expenses, including the expenses for which the permittee is responsible to the Department of Transportation, not to exceed the estimated cost of the traffic signal or other work. (Minimum of fifty percent (50%) of the estimated value of all work to be that is on state land.) The state reserves the right to a $1,000 retention/warranty amount.
  4. Annual maintenance permit.
    The highway permit performance bond required for any annual maintenance permit to maintain or replace existing under-ground or above-ground facilities permitted under Part 129, including electric power, communications, poles, gas or water lines must be $100,000.
  5. Vegetation control permit.
    The New York right of way bond for any permit to control vegetation in connection with any outdoor advertising sign permitted under Part 134 must be $10,000.
  6. Special use permit.
    The surety bond required for a special event in the highway right-of-way such as a race, festival, parade or filming of a movie or commercial must be sufficient to assure the restoration of state lands to its condition prior to the special event. The bond penalty is set at the discretion of the Department based upon the projected cost of assuring restoration. (Maximum bond of $10,000.)
  7. Other permits.
    The surety bond required for any other purpose must be sufficient to assure the restoration of state lands to their condition prior to the event. The bond amount is fixed at the discretion of the Department based upon the projected cost of assuring restoration. (Maximum bond of $10,000.)

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