Nassau County, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing law
- Nassau County Administrative Code § 12-4.0
- Applies to
- County roads outside villages and cities
- Permit needed for
- Steps, posts, railings, structures in right-of-way
- Inside villages/cities
- Local village or city consent required instead
- Related permit
- DPW sidewalk/curb permit under § 12-4.1
Summary
County controls private construction, steps, railings, posts, or other structures, within a county road right-of-way outside incorporated villages and cities; owners must get county permission first, while property inside a village or city needs that village's or city's consent instead.
The jurisdiction of the County over all county roads including those constructed under article six of the, highway law shall include but shall not be limited to:
1. The location of curb lines and curbs and the regulation of cuts in curbs for any purpose.
2. The opening of any part thereof between property lines for any subsurface construction or repair.
3. The location or erection or removal between property lines of any steps, posts, standards, railings, area openings or structures of any kind, except traffic and directional signs and lighting standards, provided no such construction for such purposes shall be permitted within an incorporated village or a city without the consent of such village or city.
4. The erection of poles or towers and wires or cables for the transmission of electric current or energy along, under or across such roads, provided, no such construction for such purposes shall be 374 January 1, 2026
XII Department of Public Works permitted within an incorporated village or a city without the consent of such village or city.
5. The placing of signs or banners on or across such roads between the curb lines thereof, provided no such sign or banner shall be permitted within an incorporated village or a city without the consent of such village or city.
6. Outside of cities and villages of the first and second class, the cutting and removal of grass and weeds between property lines.
Full Breakdown
Nassau County Administrative Code Section 12-4.0 gives the County, not the town, sole jurisdiction over county roads outside incorporated villages and cities, including the erection or removal of steps, posts, railings, area openings, or other structures between the property lines bounding the right-of-way. The Board of Supervisors regulates this by ordinance, so a homeowner or business fronting a county road needs county authorization before building into that strip. Inside a village or city, the same work instead requires that municipality's consent -- the county steps back. A related section, 12-4.1, requires abutting owners to get a Department of Public Works permit before building or repairing sidewalks and curbs themselves.
Violations & Fines
Building steps, railings, posts, or other structures in a county road right-of-way without county authorization -- or without village or city consent inside incorporated areas -- violates Section 12-4.0 and can be ordered removed.
Frequently Asked Questions
Do I need county permission to build steps or a railing into the road right-of-way in Nassau County?
What if my property is inside a village or city?
Is a separate permit required to build a sidewalk or curb myself?
Sources & Official References
Other rules in Nassau County
New York rules heatmap·Compare Nassau County to another location·View the New York sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.