(a) the permittee is a homeowner constructing a residential driveway at his/her own home, as permitted under section 125.9 of this Title;

(b) the estimated value of permitted work in state right-of-way is $250,000 or more;

(c) where the permittee does not have an acceptable general liability insurance policy.

Such policy of protective liability insurance shall be issued to, in the name of and covering the liability of "the State of New York and the Commissioner of Transportation and all employees of the State Department of Transportation." Unless higher limits are required by section 127.3 of this Part, such policy shall carry limits of liability of not less than $1,000,000 per occurrence/$2,000,000 aggregate. The policy shall be written for the permitted project and shall be kept in force at the expense of the permittee for the duration of the project. The policy shall provide primary coverage to the State of New York for claims arising from the permitted work within the area covered by the permit. Annual maintenance permits are exempt from the requirement to provide protective liability insurance coverage as stated above. This option is not available for special use permits.

If the permittee is a homeowner constructing a residential driveway at his/her own home, they are eligible to pay an optional insurance fee that supports a blanket insurance policy for the State of New York, as an alternative to the requirement to provide protective liability insurance coverage.