Atlantic County, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing chapter
- County Code Chapter 72
- Permit issued by
- County Engineer
- Initial application fee
- $100
- Late/no-permit fee
- $250
- Max fine
- $1,000 per offense/day
- Appeal window
- 5 business days
Summary
Digging into, opening, or placing anything within a County road or right-of-way in Atlantic County requires a written permit from the County Engineer before work starts. Chapter 72 covers excavations, structures, and other private encroachments on County highways and drainage easements, and violators face disorderly-persons fines up to $1,000 per day.
It shall be unlawful for any person or persons, firm, corporation, charitable organization, nonprofit entity, municipality, public or private utility or other entity to perform any of the following acts within, upon or under any County road or right-of-way, without first obtaining a written approved permit from the office of the County Engineer as hereafter provided:
A. To make any excavation in, or to open, alter, or tear up the surface of any County right-of-way for any purpose whatsoever; regardless of whether the activity is occurring in an area that is paved or unimproved by the County, and regardless of the duration of the activity;
B. To make any excavation in, or fill, alter, connect to, or otherwise damage any portion of any stormwater drainage easement or stormwater drainage improvement that is owned, maintained, or controlled by the County, for any purpose whatsoever;
C.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863463; v25 updated 2026-04-21; through 04-21-2026).
Full Breakdown
Atlantic County Code Chapter 72, adopted September 5, 2023 by Ordinance No. 10-2023, makes it unlawful to excavate, open, or otherwise disturb a County road or right-of-way, or to place a structure, fixture or improvement in one, without first getting a written highway occupancy permit from the County Engineer (Section 72-3). O. , Monday through Friday, excluding County holidays (Section 72-6A). The property owner benefiting from the work must sign the application even if a contractor is doing the digging, and the plan set must show right-of-way dimensions, existing utilities, drainage structures, and engineering details, prepared by a licensed New Jersey engineer or surveyor when the County Engineer requires it (Section 72-6B-C).
Every applicant pays a $100 initial application fee plus a permit fee set by the county's Schedule A, and fees are never refunded once paid (Section 72-7A, C). Starting work in the right-of-way without a permit triggers a stop-work order and a $250 late-processing assessment on top of the standard fees (Section 72-7D). Government agencies and nonprofits skip the fee but still need a full application and a performance and maintenance guarantee under Section 72-8. If the permittee fails to restore a disturbed area, the County repairs it and bills the permittee, and can sue for the balance after 30 days (Section 72-18D).
Violations & Fines
Working in a County right-of-way without a permit, or violating any Chapter 72 requirement, is a disorderly-persons offense under N.J.S.A. 40:24-2, punishable by a fine of up to $1,000 per offense; each day a violation continues counts as a separate offense (Section 72-18A). A denied applicant may appeal in writing to the County Engineer within five business days; the Permit Appeal Committee, made up of two Engineering Division representatives and one from the Legal Department, must meet within 10 business days and decide within 45 calendar days (Section 72-19).
Frequently Asked Questions
Do I need a permit to dig in an Atlantic County right-of-way?
How much does an Atlantic County right-of-way permit cost?
What happens if I work in the right-of-way without a permit?
Sources & Official References
Other rules in Atlantic County
Compare Atlantic County to another location·View the New Jersey sidewalk & pedestrian rules overview
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