North Hempstead, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

North Hempstead Code § 35-2A bars anyone from causing or permitting the encumbering of a highway, street, sidewalk or public place by any encroachment of buildings, structures, excavations or otherwise within the Town's unincorporated areas, except as permitted under Subsection B. An applicant must file with the Superintendent of Highways on approved forms under § 35-3, providing the applicant's name and address, a diagram of the proposed location, a description of the item to be placed, the circumstances requiring its use in the right-of-way, and a planned duration not exceeding 30 days.

Section 35-4 sets the permit fee at $5, and § 35-5 requires the application to be accompanied by a liability insurance policy naming the applicant and the Town as insureds, with limits of at least $100,000/$300,000 for bodily injury and $50,000 for property damage, plus 30 days' notice of cancellation to the Superintendent. Section 35-6 caps each permit term at 30 days, renewable once for good cause, and requires removal of the encroaching item once the permit expires. Section 35-7 lets the Superintendent revoke a permit for false statements or noncompliance, with the holder entitled to appeal to the Town Board within seven days of the mailed revocation notice; the Town Board then sets a hearing and its decision is final.

Section 35-8 separately bars placing materials, structures, shrubs or fences within 10 feet of a fire hydrant, regardless of permit status. This chapter was adopted in 1963 and the permit scheme itself was added by Local Law No. 9-1979.