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Regulatory and Permitting Information Desktop Toolkit

New York State Thruway Occupancy and Work Permits (3-NY-g)

A developer may need to obtain an Occupancy Permit from the New York State Thruway Authority (Thruway Authority) in order to use and occupy real property under the Thruway Authority’s jurisdiction. The Thruway Authority issues Occupancy Permits for, among other things, utility facilities, parking, landscaping, signage, storage, and access. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 2. Additionally, a developer may need to obtain a Work Permit from the Thruway Authority in order to construct, perform maintenance, inspect, survey, or perform other types of work on Thruway Authority Property. Work Permits are required for all work conducted on Thruway Authority Property under an Occupancy Permit. The Thruway Authority may require a separate Work Permit each time the developer enters Thruway Authority Property for the purpose of maintaining facilities authorized under an Occupancy Permit. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 2.


State Thruway Occupancy and Work Permits Process

3-NY-g.1 – Contact the Thruway Authority Division Permit Coordinator

To inquire about an occupancy permit for the use of Thruway Authority Property, the developer should contact the Thruway Authority’s Division Permit Coordinator (DPC). Upon receipt of the developer’s inquiry, the DPC will evaluate the inquiry, provide the developer with an Occupancy Permit Application and related materials, and assist the developer in understanding the application process. New York State Bureau of Management Analysis and Projects – Occupancy Permits, page 3.

3-NY-g.2 - Occupancy Permit Application Package

To request approval to use and occupy Thruway Authority Property, the developer must submit an Occupancy Permit Application Package to the Thruway Authority’s Division Permit Coordinator. The developer’s Occupancy Permit Application Package must include the following:

  • An Occupancy Permit Application;
  • Detailed plans and maps indicating the proposed use and occupancy;
  • If any structure is to be built on the Thruway Authority Property, engineering design plans of the structure;
  • A current insurance certificate with adequate coverage;
  • A surety deposit/bond;
  • A municipal resolution authorizing the municipal official to sign on behalf of a municipality; and
  • The application fee.

New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 3; New York State Bureau of Management Analysis and Projects – Occupancy Permits, page 3.


3-NY-g.3 to 3-NY-g.4 – Review Occupancy Permit Application Package for Completeness?

Upon receipt, the Thruway Authority reviews the developer’s Occupancy Permit Application Package for completeness. If the developer’s application is unsigned or otherwise deficient or unacceptable, the Thruway Authority will return the Application Package (minus the Application fee) to the developer for signature and/or correction. If the developer fails to resubmit the Application within 30 business days of the date the Thruway Authority rejected the Application, the developer will be required to submit a second Application fee. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 3.


3-NY-g.5 - Review Occupancy Permit Application Package

Once complete, the Thruway, in collaboration with the Office of Real Property Management (ORPM), conducts a substantive review of the developer’s Occupancy Permit Application Package, in accordance with the New York State Thruway Authority - Transaction Analysis Process. The nature of the Application and the size of the project may affect the length of time it takes the Thruway Authority to process the application. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 3.


3-NY-g.6 – Does the Thruway Authority Approve the Developer’s Request for an Occupancy Permit?

The Thruway Authority may approve or deny the developer’s request to use and occupy Thruway Authority Property. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 3]].

3-NY-g.7 – Determine Annual Occupancy Permit Fee

If the Thruway Authority approves the developer’s request, the ORPM will determine the annual occupancy permit fee required for the developer to use and occupy Thruway Authority Property. Annual fees are based on the estimated fair market value of the property. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 1; New York State Bureau of Management Analysis and Projects – Occupancy Permits, page 4]].

3-NY-g.8 to 3-NY-g.9 – Annual Fee Request Letter

The Thruway Authority sends the developer an Annual Fee Request Letter, requesting that the developer submit the required annual fee within 30 days. If the fee is not received within 30 days, the Thruway Authority will send a second request. If the Thruway Authority does not receive the fee within 30 days of the second notice, the Thruway Authority will send a Permit Closure Notice, notifying the developer that the permit application is closed. New York State Bureau of Management Analysis and Projects – Occupancy Permits, page 4]].

3-NY-g.10 to 3-NY-g.11 – Occupancy Permit

Upon receipt of the annual fee, the Thruway Authority will issue an Occupancy Permit. The developer must contact the Division Permit Coordinator at least 24 hours prior to the use of Thruway Authority Property and must comply with all conditions included in the Permit. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, pages 1 and 3.

The developer must maintain Thruway Authority Property at all times throughout the occupancy period and must comply with the New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines and all applicable federal state laws and regulations. See New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines.

If the developer requires any changes to the Occupancy Permit, the developer must submit a written request for such changes to the Division Permit Coordinator. The developer may not implement the requested changes until the developer receives an amended Occupancy Permit from the Thruway Authority. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 4.


3-NY-g.12 to 3-NY-g.13 – Will the Developer Construct, Perform Maintenance, Inspect, Survey, or Perform Other Work On Thruway Authority Property?

Once the Thruway Authority approves the developer’s request for an Occupancy Permit, the developer must obtain a Work Permit in order to construct, perform maintenance, inspect, survey, or perform other types of work on Thruway Authority Property. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, pages 2 and 3.


3-NY-g.14 – Work Permit Application

To request approval to perform work on Thruway Authority Property, the developer must submit a Work Permit Application (TA-W41338) and application fee to the Division Permit Coordinator. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 4.


3-NY-g.15 to 3-NY-g.16 – Review Work Permit Application for Completeness?

Upon receipt, the Thruway Authority reviews the developer’s Work Permit Application for completeness. If the developer’s application is unsigned or is otherwise deficient or unacceptable, Authority will return the Application package (minus the Application fee) to the developer for signature and/or correction. If the developer fails to resubmit the Application within 30 business days of the date the Thruway Authority rejected the Application, the developer will be required to submit a second Application fee. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 4.


3-NY-g.17 - Review Work Permit Application

Once complete, the Thruway Authority conducts a substantive review of the developer’s Work Permit Application in accordance with the New York State Thruway Authority - Transaction Analysis Process. The nature of the Application and the size of the project may affect the length of time it takes the Thruway Authority to process the application. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 4.


3-NY-g.18 – Does the Thruway Authority Approve the Developer’s Request for a Work Permit?

The Thruway Authority may approve or deny the developer’s request to conduct work on Thruway Authority Property. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 3.


3-NY-g.19 to 3-NY-g.20 – Work Permit

If the Thruway Authority approves the developer’s request, the Thruway Authority will issue a Work Permit. The developer must contact the Division Permit Coordinator at least 24 hours prior to starting work (except emergency work by utility owners and environmental clean-up contractors, which should be reported the next working day). New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 3.

The developer must maintain Thruway Authority Property at all times throughout the work period and must comply with the New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines and all applicable federal state laws and regulations. See New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines.


3-NY-g.21 – Complete Work Authorized Under Work Permit

The developer must begin work no later than 30 days from the date the Thruway Authority approves the Work Permit and must comply with all conditions included in the Permit. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, pages 1 and 4.

If the developer requires any changes to the Work Permit, the developer must submit a written request for such changes to the Division Permit Coordinator. The developer may not implement the requested changes until the developer receives an amended Permit from the Thruway Authority. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 4.

3-NY-g.22 – Contact Division Permit Coordinator Within 24 Hours of Completing Work

The developer must contact the Division Permit Coordinator again within 24 hours of completing the work. New York State Thruway Authority - Occupancy and Work Permit Accommodation Guidelines, page 4]].




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