New Brunswick, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Chapter 15.24, the temporary encroachment and fence ordinance, exists because small refacing and rehabilitation jobs, which already need building permits, call for temporary fences or walls that push into the adjoining public right-of-way to protect pedestrians. The City Council decided that such small projects can be approved by the inspections division and the city engineer without council review (§ 15.24.020). Under § 15.24.040 the construction official issues the permit in writing after the city engineer approves.

Two definitions in § 15.24.030 set the limits. A minor encroachment stays within the dedicated sidewalk area of the public right-of-way and does not exceed four feet in depth, does not exceed thirty percent of the dedicated sidewalk area directly adjoining the project site, and does not leave an unobstructed sidewalk passage of less than five feet. Temporary means a period not exceeding sixty days, counting Saturdays, Sundays and holidays.

Every permit carries two conditions (§ 15.24.050): a certificate of insurance naming the city as an additional insured for general liability of $1,000,000, at no cost to the city, and an agreement to indemnify and hold harmless the city, its officers, agents and employees. No permit can be renewed or extended (§ 15.24.060). The fee is $150, paid in advance to the inspections division and charged in addition to any inspection fees (§ 15.24.070).

Larger uses of the right-of-way run through Chapter 12.12. Placing or storing construction equipment in a municipal right-of-way takes a written request to the city engineer, proof of general liability insurance of at least $1,000,000, and an escrow set by the engineer at no more than $2,000 (§ 12.12.050). No roadway or sidewalk can be closed for building maintenance without a permit from the department of engineering, and a sidewalk closure extending beyond 30 days needs a licensed New Jersey engineer's analysis that a covered walkway is impracticable (§ 12.12.060). Scaffolds in the public right-of-way carry a building fee of $100, $150 or $300 by height, and a sidewalk shed costs $200 (§ 15.04.120).