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

Section 243-26 of the Code of the City of Chicopee, titled Excavations or obstructions restricted, is the city's encroachment license rule for the public right-of-way. Subsection A(1) bars anyone except the Superintendent of Streets, acting in his duties, from breaking up the pavement or ground in any public street, sidewalk or common, from erecting building staging there, or from placing materials or rubbish there, unless the City Council or the Superintendent of Streets has first issued the license. The companion rule in § 243-25 requires a written permit from the Superintendent of Streets to break up or dig up any part of any street.

The license comes with a written agreement approved by the City Council. Its printed conditions require the road surface, sidewalk or tree belt to be replaced equal to or better than before, patches kept neat and level, excavations marked at night with lights and signs, work under the supervision of the Superintendent of Streets, and indemnity of the City. Condition F makes the license effective for 30 days from issuance unless it says otherwise. Condition I sets the pavement sequence: a temporary patch compacted for 14 days unless the City Engineer specifies otherwise, then six inches of Class A concrete cured for seven days, then three inches of bituminous concrete in two lifts, with notice to the City Engineer and City Highway Department for final inspection.

The Superintendent of Public Works or a designee enforces the section under B(3). Subsection B adds daily fines: $200 for an untidy worksite until the DPW Superintendent finds it safe and clean, and $300 per day for roadwork left unposted, unprotected or unlit overnight. Those fines can be appealed to the Public Works Subcommittee of the City Council, whose decision is final subject to MGL c. 30A.

A fixed structure over the walkway is a different permit. Section 243-29 bars awnings or shades lower than eight feet at the lowest part, bars extending beyond the sidewalk line, and bars posts in a street or sidewalk to support an awning or anything else, except by permit of the City Council. Section 243-27 requires a railing or fence near any excavation adjoining a street.