Installing a new driveway or curb cut in Albany requires a Right-of-Way Access Permit from the Department of General Services. The driveway must meet the access and circulation requirements in the Unified Sustainable Development Ordinance (USDO) Β§33431131. Cutting the curb or sidewalk without a permit is a separate violation of Chapter 323 (Streets and Sidewalks), and pavement opening fees run $5 per square foot.
Adding a new driveway, widening an existing one, or cutting a new curb in Albany is regulated by two separate but interlocking rules. First, the driveway itself must comply with the Unified Sustainable Development Ordinance (USDO) Β§33431131, which sets the access and circulation requirements β width, location relative to the property line, sight distance, and surface material β for driveways in each zoning district. In most residential districts the USDO also caps the share of the front yard that can be paved for driveway or parking, to preserve street character and stormwater capacity.
Second, the physical work of cutting the curb and opening the sidewalk in the public right-of-way requires a Right-of-Way Access Permit issued by the Department of General Services (DGS). Under City Code Chapter 323 (Streets and Sidewalks), no person other than a duly authorized City officer or employee may make any opening or remove any pavement, sidewalk, curb, or other surface in any street, avenue, alley, or public place without a permit from the DGS Commissioner or designee. The standard pavement opening fee is $5 per square foot, with the Commissioner authorized to set the final fee schedule. Restoration must follow the city's Granite Curb and Driveway Apron Detail, and the granite curb is the city's preferred standard for new and replacement curb cuts in most neighborhoods.
Note that standalone parking lots are prohibited as a principal use in most residential zoning districts; parking areas are permitted only as an accessory to another legal use. A proposal to build more parking spaces than required by the USDO may trigger a more extensive review by the Department of Planning and Development. Historic-district properties (Center Square, Mansion Hill, Ten Broeck Triangle, Pastures, Arbor Hill) need an additional Certificate of Appropriateness from the Historic Resources Commission before curb work begins.
Cutting a curb or opening a sidewalk without a DGS permit is a violation of City Code Chapter 323. Fines typically run $250β$1,000 per offense, plus the cost of city-supervised restoration to the granite-curb/driveway-apron standard. Building a non-compliant driveway (wrong width, wrong location, excessive front-yard paving) is a USDO zoning violation enforced by the Department of Buildings & Regulatory Compliance, which can issue a stop-work order and require removal. Contact DGS at (518) 434-2489 for permit questions.
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