Brockton, MA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Sec. 20-39 covers excavation in a public way to install, repair, or remove utilities, or to install or realign a driveway, including removing or realigning curbing or fencing, and applies the by-law's requirements to that private encroachment work. Sec. 20-41 bars any work in or under a street until the applicant has applied and received a street opening permit from the awarding authority, the Commissioner of the Department of Public Works, or a representative; only a municipal department, public utility, licensed DPW construction contractor, or someone who has hired such a licensed holder may perform the work.

Sec. 20-42 requires a completed application with plans, insurance certificates, the application fee, and the refundable deposit, filed each time work is desired; the awarding authority weighs the DPW highway section's recommendation, the reason for the work, whether the street was recently paved, and whether other means could accomplish the purpose, and must communicate in writing if an application is not favorably considered. Sec. 20-43 sets the refundable deposit at an amount the awarding authority reasonably determines based on the scope of work, released after a final inspection following one year of completed permanent repairs, with a request for release due within six months of that inspection or the deposit is forfeited.

Sec. 20-48 fixes the permit term at 30 days, renewable once for another 30 days on written request, and allows revocation for default; it requires 72 hours' notice before work, a Dig-Safe number, and written consent from the DPW commissioner or designee before removing any tree or shrub in a planting strip.