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Hudson, NH Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permitting agency
Board of Selectmen or its designee
Permit required for
any surface disturbance in highway right-of-way
Work start deadline
within 15 days of permit issuance
Responsibility period
1 year after backfill/resurfacing
Violation fine
$50 flat (§ 284-10)
Utility conduits
location must be approved before installation (§ 284-11)

Summary

Hudson requires a permit from the Board of Selectmen or its designee before anyone disturbs the surface within a highway right-of-way, covering excavation, trenching and buried-utility work under Town Code Chapter 284. The rule reaches contractors, utilities and private property owners who cut into town streets or roads for any private installation.

§ 284-1. Permit required. ... No person, firm, contractor or corporation shall disturb the surface within the highway right-of-way without first obtaining a permit from the Board of Selectmen or its designee. ... ... § 284-10. Violations and penalties. ... Any violation of this Article will be subject to a fine of fifty dollars ($50.). ... ... § 284-11. Approval required. Effective the date of this Article, any and all pipes, ducts, cables, etc., laid in any street or road in the Town of Hudson shall have the location of said pipes, ducts, cables, etc., approved by the Board of Selectmen or its designee prior to installation.

Full Breakdown

Chapter 284, Article I (adopted 1963, rewritten 1988) sets the excavation permit rule: no person, firm, contractor or corporation may disturb the surface within the highway right-of-way without first getting a permit from the Board of Selectmen or its designee (§ 284-1). Work must start within 15 days of the permit issuing (§ 284-7), and excavation cannot leave open trenches or dirt that blocks traffic; in bad weather the excavator must keep the cut passable (§ 284-8). Backfill is specified by surface type: topsoiled ground gets twelve-inch compacted layers topped with six inches of topsoil (§ 284-2), gravelled ground gets twelve-inch layers topped with 18 inches of compacted gravel, and paved areas get 18 inches of compacted gravel with the pavement edge trimmed to a straight line and restored with either a two-inch hot-asphalt binder plus a one-and-one-half-inch finish course or a four-inch cold-patch layer sealed with tar (§ 284-3).

Whoever disturbs the ground stays responsible for that excavation for one full year after backfilling or resurfacing (§ 284-6), and the Board of Selectmen or its designee must be notified to inspect before the final surface goes down and again once it is complete (§ 284-9). A separate article covers utility conduits: any pipe, duct or cable laid in a Hudson street or road needs its location approved by the Board of Selectmen or its designee before installation (§ 284-11). Exceptions to the backfill specs and any bonding requirement are both left to the Board's discretion (§§ 284-4, 284-5).

Violations & Fines

Violating the excavation and permit article carries a flat fifty-dollar fine (§ 284-10). Because the responsible party remains on the hook for the excavation for a full year, the Board of Selectmen can also require a bond up front and can withhold sign-off on the final surface inspection until backfill and paving meet the chapter's specifications.

Frequently Asked Questions

Do I need a permit to dig up my driveway apron in Hudson, NH?
Yes, if the work disturbs the highway right-of-way rather than just your own lot. Section 284-1 requires a permit from the Board of Selectmen or its designee before anyone disturbs the surface within the right-of-way, and work must start within 15 days of issuance.
What happens if I don't restore the pavement correctly?
You stay legally responsible for the excavation for a full year after backfilling or resurfacing under § 284-6, and the Board of Selectmen or its designee must inspect the site both before the final surface goes down and after it's completed.
Does running a utility line under a Hudson street need separate approval?
Yes. Section 284-11 requires the Board of Selectmen or its designee to approve the location of any pipe, duct or cable laid in a town street or road before it's installed, on top of any excavation permit under § 284-1.
What's the fine for excavating without a Hudson right-of-way permit?
Article I sets a flat fifty-dollar fine under § 284-10 for any violation of the excavation and permit requirements.

Sources & Official References

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Encroachment Permits in Nearby Cities

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