Framingham, MA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- City Code § 395-1
- Permitting agency
- Department of Public Works
- Permittee obligation
- Sign an indemnification agreement
- Conditions authority
- Traffic Commission may set safety terms
- Default penalty
- $25 to $300 (§ 1-2)
Summary
In the City of Framingham, no one but a City officer may dig up any part of a public way, or obstruct one to erect, repair, alter or remove a building, without a permit from the Department of Public Works under City Code § 395-1. The permit sets the time the work may continue, and the permittee must sign a written agreement to indemnify the City against resulting damage claims.
No person except a duly authorized officer of the City shall without a permit from the Department of Public Works dig up any portion of a public way nor obstruct any public way for the purpose of erecting, repairing, altering, or removing any building. Every permit granted, as aforesaid, shall specify the length of time it shall continue in force, and a copy shall be given to the Director of Public Works. Every person receiving such permit shall execute a written agreement to indemnify and save harmless the City against all damages or cost by reason of any claim for damages on account of the existence of such obstruction or excavation, and the Traffic Commission may impose such conditions, terms and limitations as they shall see fit in respect to erecting barricades, maintaining lights and taking other precautions for the safety of travelers.
Full Breakdown
Section 395-1, Excavations and obstructions, opens Chapter 395's Article I and was adopted 1-5-2021 by Ord. No. 2021-006 as Article VI, Section 7 of the former General Ordinances. It requires a Department of Public Works permit before anyone other than a duly authorized City officer digs up any portion of a public way, or obstructs a public way for the purpose of erecting, repairing, altering, or removing a building; a copy of every permit issued must go to the Director of Public Works. The permit itself must state how long it stays in force, and the person who receives it must execute a written agreement indemnifying and holding the City harmless against damages or costs arising from a claim connected to the excavation or obstruction.
The Traffic Commission may attach conditions to the permit, such as requiring barricades, warning lights, or other precautions for the safety of people traveling past the work. This differs from the Article II Public Way Access Permit process in §§ 395-6 through 395-13, which governs new or modified driveway and curb-cut access generating traffic, and from the Article VIII sidewalk-business license in §§ 395-35 through 395-41, which covers cafe furniture and product display; § 395-1 is the general permit needed whenever private construction work will physically dig into or block a public way.
No stand-alone fine is written into § 395-1, so a violation, like other Article I sections, defaults to the citywide penalty ladder in § 1-2, running from $25 for a first offense to $300 for each offense after the third.
Violations & Fines
Digging up or obstructing a public way for construction without a Department of Public Works permit has no dedicated fine in § 395-1, so it falls back to the § 1-2 default schedule: $25, $100, $200, then $300 for every later offense, with each day treated as a new offense under § 1-2B. The City may also pursue noncriminal disposition through the Mayor's designee under § 1-3A.
Frequently Asked Questions
Do I need a permit to dig up a public way for construction?
What must the permit holder agree to?
What is the fine for skipping the permit?
Sources & Official References
Other rules in Framingham
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