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

Article 3 of Newark's Chapter 29:5 governs private encroachment on public streets and sidewalks for construction purposes. Section 29:5-19 requires written permission from the Director or an authorized representative before any person encumbers or obstructs a roadway, sidewalk, street, public wharf, dock, slip or other public place by placing building material, building equipment, or any article whatsoever in or on it. Section 29:5-21 sets the fee schedule: occupying up to 100 square feet of street area, including sidewalk, costs $250 per 30-day period or fraction of one, plus a $300 deposit, while occupying more than 100 square feet costs $350 plus a $400 deposit.

Fees are not refundable once paid, per § 29:5-22, even if the permit holder never actually places any material under the permit's authority. The deposit works differently: § 29:5-23 returns it once the holder removes the authorized obstruction and restores the street or public place to its former condition, less any City expense caused by the holder's failure to restore it properly. If a permit holder ignores a written notice revoking the permit, or continues after being cited for violating a City ordinance or regulation, § 29:5-24 lets the Director remove the obstruction directly after 24 hours and deduct the removal cost from the deposit before returning any balance.

Section 29:5-20 exempts certain occupations from the whole Article: street occupancy already authorized under a separate public utility construction, repair or maintenance permit, or under a sidewalk pavement, curb, or street pavement construction permit, does not need a second encroachment permit under this article.