NYC requires a Revocable Consent from DOT for any permanent private installation within the public right-of-way. Sidewalk cafes require both a DOT license ($1,050) and a revocable consent agreement. The consent is revocable at will by DOT and expires on the fourth anniversary of approval.
No permanent installation designed primarily for private use of the abutting property owner is allowed within NYC's right-of-way without DOT's Revocable Consent process, which takes approximately six months and is required before obtaining a DOB permit. Sidewalk and roadway cafes require a DOT license and revocable consent under Administrative Code §19-160. The license fee is $1,050 per license period for both sidewalk and roadway cafes, in addition to the revocable consent compensation. The consent becomes effective when DOT issues the license and expires on the fourth anniversary of the approval date. DOT may unconditionally revoke the consent at any time without liability. Other encroachments requiring revocable consent include building projections (awnings, canopies, marquees), stoops, fences, planters, and sub-sidewalk vaults. The Dining Out NYC program established permanent rules for outdoor dining operations effective 2024, replacing temporary pandemic-era open restaurants rules.
Removal orders for unpermitted encroachments. Revocation of consent for non-compliance. DOB violations for construction without consent. Fines and legal action.
New York, NY
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New York, NY
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New York, NY
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New York, NY
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New York, NY
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See how New York's encroachment permits rules stack up against other locations.
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