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Brick, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permitting authority
Township Engineer
Sidewalk/curb permit fee
$75–$250, size-based (§ 404-4)
Restoration guaranty
$1,000 minimum, or $25/sq ft
Max penalty
$2,000 fine, 90 days jail

Summary

Brick Township requires a Township Engineer permit before anyone builds, removes, or occupies a sidewalk, driveway apron, curb, or public right-of-way, and property owners stay responsible for upkeep and repair costs.

No person shall construct or remove, or cause to be constructed or removed, any sidewalk, driveway apron, curb or gutter or any part thereof within any public right-of-way in the Township without first having obtained a permit to do so from the Township Engineer. Property owners shall be responsible for maintaining sidewalks, driveway aprons and concrete curbs. In the event that the Township should repair any sidewalk, driveway apron, concrete curb, or gutter, the Township shall be reimbursed by the owner.

C. A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit is made simultaneously with the commencement of the work or as soon thereafter as is practical. The permit, when issued, shall be retroactive to the date on which the work has begun.

D. No permit for the excavation of any street shall be issued between December 1 and March 1, except for emergencies as reasonably determined by the Township Engineer. All street excavations commenced after March 1 must be completed, backfilled and restored prior to December 1.

E. No person shall occupy a street with an obstacle or obstruction other than a functional, motorized vehicle without first obtaining a permit to do so.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4577344; v53 updated 2025-12-09; through 12-09-2025).

Full Breakdown

Under Brick Township Code § 404-2, no one may build, remove, or occupy any sidewalk, driveway apron, curb, or gutter within a public right-of-way without a permit from the Township Engineer. Applications go through § 404-3 with site sketches, fees under § 404-4, and a refundable restoration guaranty under § 404-5 to cover repaving and repairs. Property owners are responsible for maintaining their own sidewalks, aprons, and curbs, and if the Township ends up repairing one, it bills the owner. Occupying a right-of-way with any obstacle other than a functioning vehicle also requires a separate permit.

Violations & Fines

Violating any provision of this article is punishable by a fine up to $2,000, imprisonment up to 90 days, or both, with each day of continued violation a separate offense.

Frequently Asked Questions

Do I need a permit to build a new sidewalk in Brick Township?
Yes. Township Code § 404-2 requires a Township Engineer permit before constructing, removing, or repairing any sidewalk, driveway apron, curb, or gutter within the public right-of-way.
Who pays if the Township has to fix a broken sidewalk?
The property owner does. Under § 404-2(B), the Township can repair a sidewalk, driveway apron, curb, or gutter itself and then bill the abutting owner for the cost.

Sources & Official References

Other rules in Brick

All Brick rules

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Encroachment Permits in Nearby Cities

How other cities in this county handle encroachment permits.

Lakewood, NJ
Some Restrictions
Toms River, NJ
Significant Restrictions