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

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

Key Facts

Governing section
Code of the Town of Islip § 47A-32
Permitting official
Superintendent of Highways
Permit fee
$10 per installation (§ 47A-38)
Performance bond
Required, at least job amount (§ 47A-37)
State highway sidewalks
Permit from state DPW instead (§ 47A-29B)
Penalty for unpermitted work
$20–$250 fine or up to 15 days jail

Summary

Before an Islip property owner builds, relays or repairs the sidewalk, curb or gutter fronting their lot, they must get a permit from the Superintendent of Highways. Applications are filed in writing, and the permit fee is $10 per installation.

No sidewalk, curb or gutter shall be constructed or repaired, or work thereon commenced, until the owner of the premises in front of which the sidewalk, curb or gutter is to be constructed or repaired, or the authorized agent of the owner, shall have obtained a permit therefor. Applications for the permit required by this section shall be made in writing to the Superintendent of Highways in such form as may be required by the Town Board. No permit required by this section shall be issued without the approval of the Superintendent of Highways, endorsed on the application therefor, unless so directed by resolution of the Town Board.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4826765; v112 updated 2026-02-24; through 02-24-2026).

Full Breakdown

Code of the Town of Islip § 47A-32 bars constructing or repairing any sidewalk, curb or gutter along a Town street, road, highway or parkway, or even starting work on one, until the owner (or the owner's authorized agent) has obtained a permit. Applications must be made in writing to the Superintendent of Highways in the form the Town Board requires, and no permit issues without the Superintendent's endorsed approval unless the Town Board directs otherwise by resolution. Section 47A-38 sets the fee at $10 for each installation.

Section 47A-29 layers on additional requirements when the work follows a Town Board order to construct or repair: the property owner obtains the permit under §§ 47A-25 through 47A-40, while work on a state highway with state-built sidewalks or curbs instead requires a permit from the state Department of Public Works' highway division. The Superintendent may condition any permit on bonds or deposits considered necessary to protect Town property. Larger jobs also trigger insurance under § 47A-36 (workers' compensation, and public liability/property damage coverage of at least $300,000/$500,000 bodily injury and $100,000/$200,000 property damage, or a $1,000,000 combined single limit) and a performance bond under § 47A-37 in at least the amount of the job.

Section 47A-34 makes clear this sidewalk/curb permit is in addition to, not a substitute for, any separate street-opening, excavation or curb-cut permit that may also be required.

Violations & Fines

Work performed without the § 47A-32 permit, or in violation of any condition the Superintendent of Highways attaches to it, is enforced through Chapter 47A's general penalty at § 47A-40: a fine of $20 to $250, imprisonment up to 15 days, or both, with each day the unpermitted condition continues charged as a separate offense.

Frequently Asked Questions

Do I need a permit to repair the sidewalk in front of my Islip house?
Yes. Section 47A-32 requires a permit from the Superintendent of Highways before any sidewalk, curb or gutter construction or repair begins, or even before work is commenced, regardless of whether the Town Board specifically ordered the work.
How much does an Islip sidewalk or curb permit cost?
Section 47A-38 sets the fee at $10 for each installation, except where the permit is for work done at the direction of the Superintendent of Highways or is otherwise exempted by law.
Who issues the permit if my sidewalk was built by the state along a state highway?
Section 47A-29(B) sends that application to the highway division of the State Department of Public Works, not the Town, when the existing sidewalk or curb along a state highway was originally constructed by the state.
Does the sidewalk permit cover excavation or curb-cut work too?
No. Section 47A-34 states the sidewalk/curb permit under §§ 47A-25 through 47A-40 is in addition to any separate permit required for street openings, obstructions, excavation or curb cuts.

Sources & Official References

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