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

Section 199-6 of the Town of Irondequoit Code is the permit gate for private use of the public right-of-way. It covers opening or disturbing the surface by cutting, missiling, boring, digging, resurfacing or excavating, and it also names erecting fences or structures and planting trees within any street, highway, sidewalk or right-of-way. Because § 199-3 defines the right-of-way to include the road, the sidewalk and the grass area, the strip between a sidewalk and the curb is covered. Three things are required: a permit from the Commissioner, notice to the Commissioner of the specific location of each excavation, and any necessary site plan approvals.

Section 199-7 sets the qualifications. The applicant files an insurance certificate, in the coverage the Commissioner determines, naming the Town of Irondequoit as an additional insured and including completed operations. The applicant pays the fee the Commissioner establishes, completes and signs the right-of-way application form acknowledging the Town's standards and specifications, and must not have had a permit revoked within the past three years. Utilities need a franchise from the Town Board or a signed agreement to comply retroactively with franchise legislation; those franchise qualifications do not apply to property owners or their agents building or maintaining driveways, commercial entrances or mailboxes.

Annual maintenance contract permits come in two types under § 199-8, A-1 and A-2, each valid only for the calendar year of issue. Permits cannot be assigned or transferred (§ 199-10). Notice rules in § 199-11: emergency repairs require notice no later than one business day after work starts, and all other work requires at least five business days before work starts. Section 199-5 separately requires written approval from the Commissioner before the right-of-way is paved or stoned.

Under § 199-13, no asphalt can be placed over sidewalks, road cuts need temporary pavement immediately, and, added 5-16-2023 by L.L. No. 4-2023, maximum driveway width is 35% of the linear footage of the side of the parcel where the driveway is located, with only one driveway entry or approach per residential parcel. Section 199-15 needs no permit for liquid seal coating or patching a driveway, mowing, fertilization and general maintenance, or collecting yard debris.