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Cheektowaga, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit fee
$200
Surety bond
$5,000 per permit
Blanket bond option
$20,000, renewed yearly
Restoration deadline
30 days
Violation fine
up to $50 / 6 months

Summary

Anyone excavating in a Cheektowaga town right-of-way needs written authorization from the Building and Plumbing Inspector and Town Highway Superintendent, a $200 fee, and a $5,000 surety bond guaranteeing restoration within 30 days.

No person, firm or corporation shall enter upon any town property or any portion of the right-of-way of a town highway, for the purpose of making an excavation for any purpose, unless authorized to do so in writing by the Building and Plumbing Inspector as well as by the Town Highway Superintendent. ... The fee for the issuance of such permit shall be $200. In addition to such fee, the applicant shall execute and file with his application a surety bond in the sum of $5,000, conditioned that the applicant will restore the property to the same condition as it was before the excavation was made, within 30 days after the permit is issued.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Section 210-27 bars any person, firm or corporation from entering town property or any part of a town highway's right-of-way to make an excavation for any purpose without written authorization from both the Building and Plumbing Inspector and the Town Highway Superintendent. Applications under § 210-28 must state the abutting owner's name, the exact excavation location, width and depth, the reason for the work, and the plan for filling and guarding the excavation. Section 210-29 sets the permit fee at $200 and requires the applicant to file a $5,000 surety bond conditioned on restoring the property to its prior condition within 30 days of the permit's issuance; § 210-30 lets frequent applicants file a single $20,000 blanket bond, renewed every January 1, instead of a bond for each permit.

Applicants must also agree in writing to properly barricade the excavation under § 210-31, to hold the Town harmless from injury claims under § 210-32, and to reimburse the Town for any claim it is forced to pay under § 210-33.

Violations & Fines

Section 210-35 makes any violation of the excavation-permit article, by an owner, contractor, subcontractor or their employee, punishable by a fine of up to $50 or imprisonment for up to six months. Beyond that fine, an unauthorized or non-restored excavation exposes the responsible party to the surety bond claim and to reimbursing the Town for any damage claim the Town itself is forced to pay under § 210-33.

Frequently Asked Questions

Do I need a permit to dig in the Cheektowaga road right-of-way?
Yes. Section 210-27 requires written authorization from the Building and Plumbing Inspector and the Town Highway Superintendent before anyone excavates on town property or within a town highway's right-of-way, for any purpose.
How much does a right-of-way excavation permit cost in Cheektowaga?
Section 210-29 sets the fee at $200 and requires a $5,000 surety bond guaranteeing the applicant restores the site to its original condition within 30 days of the permit being issued.
Can a contractor avoid posting a new bond for every excavation permit?
Yes. Section 210-30 allows a single $20,000 blanket surety bond covering all of a contractor's permits for the year, renewed each January 1, instead of a separate $5,000 bond per job.

Sources & Official References

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