No highway right of way shall be used as any part of a parking area for the benefit of the permittee except under lease with the State and subject to certain conditions.

A highway area shall be eligible for parking if it conforms to zoning regulations in the area, its presence does not conflict with scenic highway standards or create a traffic hazard, and it is not needed for immediate highway purposes.

For areas fronting on a public street, the priorities for lease shall be to:

1. (1) another State agency
2. (2) a municipality
3. (3) a federal agency

4. (4) a corporation, public or private business firm, company or individual.

   1. (1) abutting owners whose rear property lines are contiguous to the highway right-of-way line and who apply to the Transporation Commissioner to lease that portion of the right of way lying within the projection of their side boundaries to such a point within the right of way as the Transportation Commissioner shall determine.
   2. (2) another State agency, municipality or a federal agency, if the right of way can be secured from the abutting owner.

   For areas abutting the right of way line, the priorities for lease shall be to:

(Effective August 27, 1992)