N.Y. HAY Law § 19

§ 19. Planting trees and shrubs along state highways. The commissioner\nof transportation, in his discretion, may plant rows or groups of\nsuitable trees along the bounds of existing state highways at such\nplaces as he may determine and may also plant on the banks of such cuts\nand fills as were made in constructing, reconstructing or improving such\nhighways such shrubs as are necessary and suitable to prevent or stay\nerosion thereof. Upon the construction, reconstruction or improvement of\nany state highway the commissioner of transportation shall plant along\nsuch highways rows or groups of suitable trees, except where such\nhighways pass through wooded sections of country, and shall also plant\non the banks of such cuts and fills as are made in constructing,\nreconstructing or improving such highways such shrubs as are necessary\nand suitable to prevent or stay erosion thereof. The commissioner of\ntransportation may, with the consent of the owner of the abutting\npremises, enter upon such premises to plant suitable trees or shrubs as\nhe may determine as desirable for reasons of safety and to maintain such\ntrees and shrubs for a period not to exceed two years. The commissioner\nof transportation is not required to plant shrubs and trees under the\nprovisions of this section should such plantings already be in\nexistence, should the soil in any place be too stony for such planting\nor should such planting imperil the safety of the public. The work may\nbe done by forces in the department or by contract let to the lowest\nresponsible bidder after due advertisement. Moneys appropriated for the\nconstruction and maintenance of state highways shall be available for\nany of the work authorized by this section.\n