Greenburgh, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Greenburgh Code § 430-2
- Issuing agency
- Dept. of Public Works Commissioner
- Minimum deposit
- $5,000 cash or certified check
- Liability insurance
- $1M injury / $500K property
- Excavation permit lapse
- 60 days if unstarted
- Temp. obstruction permit
- Expires in 3 months
- First-offense fine
- Up to $750 / 15 days
Summary
Anyone other than the Town itself needs a Department of Public Works permit before excavating, building a curb cut, or storing materials or equipment in a Greenburgh street, sidewalk or right-of-way. Section 430-2 requires the permit, and getting one means a minimum $5,000 deposit, liability insurance, and discretionary review by the Commissioner of Public Works.
No person, firm, corporation, improvement district or municipality, except those under the exclusive control of the Town Board, shall, unless a permit has first been issued by the Department of Public Works: ... Place or store or cause to be placed or stored any lumber, building materials, machinery or equipment in, under, over or upon any street, highway, public right-of-way, sidewalk or public place within the Town.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4570580; v39 updated 2025-10-22; through 10-22-2025).
Full Breakdown
Article II of Chapter 430 requires a Department of Public Works permit before anyone besides the Town does work in, or occupies, the public right-of-way. Section 430-2A bars excavation, curb cuts, driveway construction, pole or sign installation, and stringing wires or cables without a permit, and separately bars placing or storing lumber, building materials, machinery or equipment in the right-of-way without one. The rule reaches private contractors and property owners doing curb work as much as utilities. Applications go to the Commissioner in writing with three copies of a sketch or plan under § 430-3A, plus a Town Board-set fee covering review and inspection.
Before the permit issues, § 430-4 requires a cash or certified-check security deposit sized to cover restoration costs, with a floor of $5,000 no matter how small the schedule amount would otherwise be; up to 80% of that deposit can instead be posted as a surety bond approved by the Town Attorney. Section 430-5 also requires public liability insurance of at least $1,000,000 per occurrence for personal injury and $500,000 for property damage before work starts. The Commissioner can deny or delay a permit under § 430-2C for up to 30 days if it would create a traffic hazard, hurt drainage, or otherwise harm the public interest, and can deny anyone already in violation of another ordinance.
Excavation permits expire if work is not started within 60 days (one year for driveway permits); temporary obstruction permits expire automatically three months after issuance under § 430-7B unless renewed.
Violations & Fines
Working without a required permit, or violating one of its conditions, is punishable under § 430-18A by a fine of up to $750 and/or up to 15 days in jail, with each day of the violation a separate offense. A second conviction for the same violation is a misdemeanor carrying up to $1,500 and/or three months' imprisonment, again counted daily.
Frequently Asked Questions
Do I need a permit to store materials in the Greenburgh right-of-way?
How much of a deposit does Greenburgh require for an excavation permit?
Can the Town deny a right-of-way permit application?
How long does a Greenburgh street permit last?
Sources & Official References
Other rules in Greenburgh
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Encroachment Permits in Nearby Cities
How other cities in Westchester County handle encroachment permits.