Hempstead, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Town Code § 182-2
- Noncommercial fee
- $55 (single) / $75 (double)
- Commercial fee
- $350
- Issuing authority
- Commissioner of Highways
- Penalty for violation
- Up to $250 fine / 15 days (§ 182-9)
Summary
Building a driveway or curb cut into the Town highway right-of-way requires a permit from the Highway Commissioner under Chapter 182, with fees running $55 to $350 and construction reviewed against traffic-safety standards before approval.
A person shall not, either at his own expense, or on behalf of another person, make, construct or reconstruct, locate or relocate, relay or repair a driveway or curb cut abutting a highway without first obtaining a permit as herein provided...Fee for noncommercial permit. The permit application fee for a noncommercial-use driveway shall be $55 for each single-car-width driveway (10 feet maximum) or $75 for each double-car-width driveway (18 feet maximum). Fee for commercial permit. The permit application fee for each commercial-use driveway shall be $350.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Chapter 182 governs private encroachments onto Town highway curbs and requires a permit before anyone makes, constructs, reconstructs, relocates or repairs a driveway or curb cut abutting a highway, except for work done under contract exclusively with the Town or an improvement district. Section 182-3 sets application fees: $55 for a single-car noncommercial driveway (10 feet maximum), $75 for a double-car noncommercial driveway (18 feet maximum), and $350 for any commercial-use driveway. Applications must include a fully dimensioned plot plan showing existing and proposed driveways, curbs and sidewalks on the property and adjacent lots.
Under § 182-4, the Commissioner may only issue the permit after finding the proposed curb cut will not interfere with orderly use of adjacent property, will not unduly interfere with vehicular traffic on the adjoining highway, and will not adversely affect the health, safety or welfare of Town residents. Section 182-5 further caps curb cuts at 10 feet for one-car access and 18 feet for two-car access, requires 25 feet of clearance from a corner property line and 24 inches from side property lines. If a permittee fails to complete the work, § 182-3D lets the Commissioner finish it and assess the cost against the property.
Violations & Fines
Violating any provision of Chapter 182, including building a curb cut without the required permit, is punishable under § 182-9 by a fine of up to $250 or imprisonment up to 15 days, or both, with each day of continued violation a separate offense.
Frequently Asked Questions
Do I need a permit to build a driveway curb cut in the Town of Hempstead?
How much does a Hempstead curb cut permit cost?
What can stop the Town from approving my curb cut?
Sources & Official References
Other rules in Hempstead
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