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

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

Key Facts

Permit issuer
Superintendent of Highways
Governing section
Greece Code § 163-2
Insurance floor
$1,000,000 per occurrence
Max fine
$250 or 15 days jail
Restoration check
Inspection required, § 163-6

Summary

Anyone who wants to dig, cut or otherwise disturb the surface of a Town of Greece highway right-of-way, including the strip that carries the sidewalk, must first get a permit from the Superintendent of Highways under Code § 163-2.

No person shall damage in any way, open or cause to be opened by cutting or digging the surface, pavement or soil in any highway right-of-way or public place under the jurisdiction of the Town without first obtaining a permit from the Superintendent of Highways. Written application shall be made upon a form to be provided by the Town, which shall be filed with and approved by the Highway Superintendent.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4702072; v22 updated 2025-08-21; through 08-21-2025).

Full Breakdown

Chapter 163, Rights-of-Way, opens by explaining its purpose in § 163-1: to address liabilities, improper design and hazards created when private work is performed within the right-of-way, and to make residents aware that such work may need Department of Public Works approval before it starts. Section 163-2 then bars anyone from damaging, opening, cutting or digging the surface, pavement or soil of any highway right-of-way or public place under the Town's jurisdiction without first securing a permit from the Superintendent of Highways, and requires a written application filed with and approved by the Highway Superintendent.

Once a permit issues, § 163-3 requires the excavation to be properly guarded or barricaded with warning devices meeting the New York State DOT's Manual of Uniform Traffic Control Devices. Section 163-4 requires all excavated material to be removed and backfill to meet Town construction specifications, and § 163-5 requires daily cleanup of surplus earth and debris to the Highway Superintendent's satisfaction. Section 163-6 requires all restoration work to be inspected and approved by the Highway Superintendent before the job is considered complete. Before any permit is issued, § 163-7 requires the applicant to file general liability insurance of at least $1,000,000 per occurrence and $3,000,000 aggregate (rising to $3,000,000/$5,000,000 for work exceeding $1,000,000 in value), plus workers' compensation coverage of at least $100,000 per accident and $500,000 policy limit.

Article III gives the Superintendent stop-work authority under § 163-11 whenever work proceeds without a permit or violates permit terms, and § 163-12 authorizes appearance tickets for violations.

Violations & Fines

Any violation of Chapter 163 is punishable under § 163-13 by a fine not to exceed $250 or 15 days in jail per offense, and each day an uncorrected violation continues is a separate offense. The Superintendent of Highways can also issue a stop-work order under § 163-11 that must be obeyed immediately once posted at the site.

Frequently Asked Questions

Do I need a permit to dig in the right-of-way near my sidewalk in Greece?
Yes. Section 163-2 prohibits opening, cutting or digging the surface, pavement or soil of any highway right-of-way or public place under Town jurisdiction without a permit from the Superintendent of Highways, obtained through a written application.
What insurance do I need before Greece issues a right-of-way permit?
Section 163-7 requires general liability coverage of at least $1,000,000 per occurrence and $3,000,000 aggregate, plus workers' compensation of at least $100,000 per accident, filed with the Superintendent of Highways before the permit is issued.
What happens if I dig in the right-of-way without a permit in Greece?
The Superintendent of Highways can issue a stop-work order under § 163-11 requiring immediate suspension of work, and violations are punishable under § 163-13 by a fine up to $250 or 15 days in jail, with each continuing day a separate offense.

Sources & Official References

Other rules in Greece

All Greece rules

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