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

Section 111-38, in Chapter 111's Article V, Fire Limits; Encroachments and Projections Onto Public Property, sets the default rule for any private structure that reaches into public right-of-way: a building owner needs a special permit from the City Council before any part of the structure can project into a street, alley, park or other public property. That permit requirement is the general rule; Section 111-39 then lists specific, narrower projections the Code allows without a separate Council permit, such as cornices, sills and pilasters kept within set distances of the curb, movable awnings hung at least eight feet above the curb, and fuel vaults under a sidewalk that instead need only a Building Official permit.

Owners who obtain a Section 111-38 permit are not protected from liability: the section makes clear the owner remains responsible to the City for any damage to people or property the encroachment causes, regardless of whether the encroachment is otherwise allowed under the State Code. Subsection E adds that any permit or permission to project beyond the street lot line is revocable by the City at will, so an approved awning, sign or building projection can lose its authorization even after installation. If the Building Official orders a projection removed under Subsection A, the owner must take it down at their own expense, and Subsection F allows encroachments that already existed before this section to stay in place only until removal is directed by the proper municipal authorities.