Buffalo, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Minimum curb clearance
- 18 inches
- Intersection sightline buffer
- 50 feet
- Minimum sidewalk clearance
- 8 feet
- Permit authority
- Commissioner of Public Works, Parks & Streets
- Unlisted items
- need Common Council approval
- Enclosed sidewalk cafes
- also need Planning Board approval
- Unlawful encroachment
- owner must remove or City bills cost
Summary
Anyone placing a private structure, like a planter, ramp, awning or sign, in Buffalo's public right-of-way needs an encroachment permit, and City Code § 413-67 keeps it at least 18 inches off the curbline, 50 feet clear of intersection sightlines, and 8 feet clear of the building frontage for pedestrians.
A. No encroachment placed upon the public right-of-way shall be less than 18 inches from any curbline. B. No encroachment which obstructs the view of pedestrians or vehicular traffic may be placed within 50 feet of an intersection. C. No encroachment shall be placed so that less than eight feet of sidewalk space between said encroachment and the frontage of a building exists for the purpose of pedestrian traffic. G. In the case of any item not enumerated in this chapter, which a person, firm, corporation or organization wishes to place upon the public right-of-way, permission shall be sought from the Common Council upon recommendation of the Commissioner of Public Works, Parks and Streets, and approval shall be granted upon conditions, including appropriate fees recommended by the Commissioner of Public Works, Parks and Streets. H. Any encroachment by an enclosed sidewalk cafe or other semi-permanent structure into the public right-of-way shall be approved by the City Planning Board.
Full Breakdown
§ 413-67(A)-(C) fixes three hard dimensional limits: no encroachment within 18 inches of any curbline, none within 50 feet of an intersection if it blocks sightlines, and at least eight feet of clear sidewalk must remain between the encroachment and the building frontage for pedestrian traffic. § 413-67(E) lets the Commissioner set placement, securing, maintenance, removal and indemnification conditions on top of anything the Common Council imposes when it grants the license. Items not already listed in the chapter require a separate Common Council approval on the Commissioner's recommendation, with fees the Commissioner recommends, under § 413-67(G), and an enclosed sidewalk cafe or other semi-permanent structure needs sign-off from the City Planning Board on top of everything else under § 413-67(H).
§ 413-9 further requires a surety bond or liability insurance naming the City, approved by the Corporation Counsel and Comptroller, as a standing condition of most encroachment permits.
Violations & Fines
An encroachment placed without going through this permitting process is unlawful under § 413-7, and the Commissioner of Public Works can remove it without prior notice or a Common Council order and bill the removal cost to the property owner through the City's assessment roll. Even a permitted encroachment can be pulled out at the Commissioner's discretion under § 413-67(D) and (F) for repairs or safety reasons, with only the unused, prorated license fee refunded.
Frequently Asked Questions
How far from the curb must an encroachment sit?
How much sidewalk has to stay clear?
Can the City make me move my encroachment?
What if I don't get a permit at all?
Sources & Official References
Other rules in Buffalo
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