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Where a waterway which is a part of the canal system of the state intersects a state highway which is maintained adjacent to such intersection pursuant to this article, the pavement and shoulders of the approaches to the bridge structure carrying such highway across such waterway and the area formerly occupied by any such bridge which has been removed and replaced by a fill by the state commissioner of transportation, shall be considered eligible for maintenance under this chapter, providing such approach or fill has, in the opinion of the commissioner of transportation, been properly graded in connection with the construction of the canal system of the state. The commissioner of transportation may at any time make an order directing that such section of highway become a part of the system of state highways in such county, and thereafter the pavement and shoulders of such approach shall be maintained as a state highway. Such order shall be served upon the chairman of the board of supervisors and a certified copy thereof shall be filed in the office of the county clerk and one in the office of the state comptroller.

Such order shall be served upon the chairman of the board of supervisors and a certified copy thereof shall be filed in the office of the county clerk and one in the office of the state comptroller. In maintaining such section of highway the commissioner of transportation may lay such type of pavement as in his opinion is advisable.