Oyster Bay, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Article III of Chapter 205 governs excavations and curb cuts in Town rights-of-way. Section 205-18 requires anyone, including a person operating a public service, water, light, or power company, to obtain a permit from the Commissioner of Public Works before making any curb cut, street opening, or excavation in a Town street, highway, or sidewalk for any purpose. Under § 205-21, the Commissioner issues the permit only after finding the work will follow the Town's standard specifications, won't unreasonably interfere with vehicular or pedestrian traffic or parking, and won't unreasonably impair public health, welfare, or safety.

Section 205-19 automatically expires any permit 60 days after issuance, extendable only at the Commissioner's discretion. Applicants must file an insurance policy under § 205-24 covering $300,000 to $500,000 in personal liability and $50,000 in property damage, plus a performance bond under § 205-25 for at least the cost of the work, though water districts are exempt from that bond. Section 205-23 requires a deposit sized to cover the Town's cost of restoring the street, highway, sidewalk, curb, or gutter if the applicant doesn't do it.

Once work is done, § 205-29 requires proper backfilling, written notice of completion to the Commissioner, and holds the permittee responsible for correcting any backfill or pavement defects for two years afterward. Permit fees are set by the Commissioner under § 205-16, though water districts are exempt and public utilities are billed monthly rather than paying with each application.