Linden, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- City Engineer
- Permit fee (no bond)
- $10
- Restoration deadline
- 48 hours
- Permit valid for
- 20 days from start of work
- Insurance minimum
- $500,000/person, $1,000,000/accident
- Emergency work
- may start before permit issues
Summary
Anyone opening or tunneling under a Linden street, to run a utility line, install a driveway apron or otherwise encroach on the public right-of-way, needs a permit from the City Engineer first. The permit costs $10 where no bond is required, and emergency work can start immediately if the application follows as soon as practical.
a. No person shall make an excavation in or tunnel under any street without first obtaining a permit from the City Engineer. b. A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application is made simultaneously with the commencement of the work or as soon thereafter as is practical. When issued, the permit shall be retroactive to the date on which the work has begun.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4586096; v16 updated 2025-12-16; through 12-16-2025).
Full Breakdown
Linden City Code § 15-1.2 bars anyone from making an excavation or tunnel under any city street without a permit issued by the City Engineer, the mechanism the code uses to authorize private encroachment on the public right-of-way for utility connections, driveway work and similar cuts. Emergency work is the one exception: if an emergency requires starting immediately, work may begin without a permit as long as the application is filed at the same time work starts or as soon after as practical, and any permit later issued applies retroactively to when the work began (§ 15-1.2b).
Public bodies can get permits from the City Engineer without a fee (§ 15-1.2c). Applications under § 15-1.4 must identify the applicant, the street and abutting property, the tax block and lot, the nature of the surface being opened, the purpose and timing of the work, duplicate plans showing the exact location and dimensions of the opening, the contractor performing the work, and a commitment to restore the street, curb, gutter and sidewalk to their prior condition within 48 hours of starting. The Engineer may deny a permit outright in the interest of public safety (§ 15-1.3).
Fees are $10 per permit where no bond is required (§ 15-1.7); where a bond is required, the Engineer sets the amount, and the applicant must also carry insurance of at least $500,000 per person, $1,000,000 per accident, and $500,000 for property damage (§ 15-1.9). A permit is not transferable, must start within 45 days of issuance and is valid for 20 days from the start of work, and the Engineer may revoke it for violating the permit's conditions or creating an unsafe or unsanitary condition (§ 15-1.12).
Violations & Fines
Opening a street or right-of-way without the permit required by § 15-1.2 is a violation of Chapter 15 under § 15-3, enforced by the Departments of Engineering and Construction and Linden Police. Violators owe all fees and costs to bring the work into compliance and are subject to the City's general penalty, Linden City Code § 1-5.1: up to $2,000 or 90 days, or community service, with each day of noncompliance a separate offense under § 1-5.5.
Frequently Asked Questions
Do I need a permit to dig up a Linden street for a utility line?
Can I start emergency repair work in a Linden street before getting a permit?
What happens if I open a Linden street without a permit?
Sources & Official References
Other rules in Linden
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Encroachment Permits in Nearby Cities
How other cities in Union County handle encroachment permits.