Passaic, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Code § 317-3B
- Permit issuer
- Division of Building Code Enforcement
- Extra step for county roads
- Passaic County approval also required
- Design standards
- Cross-referenced at § 317-51
- Penalty for violation
- General penalty, up to $2,000/90 days (§ 1-3)
Summary
Any structure that overhangs or protrudes over a Passaic sidewalk, street or other public right-of-way needs an encroachment permit from the Division of Building Code Enforcement under Code § 317-3B, and if the right-of-way is a county road, Passaic County must approve it too before the City will issue one.
No building shall hereafter be erected, nor shall any existing building be structurally altered, enlarged, rebuilt or moved, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the yard, lot width and area, building location, percentage of lot coverage by building area, open space, off-street parking space, off-street loading space and other space and area regulations designated in this chapter for the district in which such building or space is located, subject to such modifications thereof and such general provisions as are set forth in this chapter. In addition, no structures may be constructed, placed or permitted to exist which overhang or protrude over sidewalks, streets or other parts of the public domain or over rights-of-way owned by the City or in which the City has an interest. No exceptions to this provision shall be granted unless the property owner obtains an encroachment permit from the Division of Building Code Enforcement as provided in § 317-51. Approval of the County of Passaic is required in cases where the right-of-way encroachment is on a county road.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4978046; v41 updated 2026-07-01; through 07-01-2026).
Full Breakdown
Section 317-3, part of Chapter 317's general zoning provisions, first ties every building's height, yard, lot-coverage and open-space compliance to the district it sits in, then adds a separate rule aimed specifically at the public right-of-way: no structure may be built, placed or permitted to exist so that it overhangs or protrudes over a sidewalk, street or other part of the public domain, or over any right-of-way the City owns or holds an interest in. The only way around that bar is an encroachment permit issued by the Division of Building Code Enforcement, referenced back to the design standards in § 317-51.
Where the right-of-way in question is a county road rather than a City street, § 317-3B adds a second layer, the property owner must also secure approval from the County of Passaic before the encroachment is authorized, meaning a single awning, canopy or bay window overhanging a county road can require sign-off from two separate governments. The same encroachment-permit mechanism appears elsewhere in the code: Chapter 149's outdoor seating rules and Chapter 234's sidewalk-sale rules both cross-reference a 'Passaic County encroachment permit' for tables, chairs or retail equipment placed on a county right-of-way, confirming that Passaic treats county-road frontage as a distinct, additional approval layer on top of its own permit.
Violations & Fines
Chapter 317 is enforced through its Article XIII violations procedure: the administrative officer serves notice on an unpermitted encroachment, and continued noncompliance is referred to Municipal Court. Because Chapter 317 does not set its own fine schedule, the citywide general penalty in Code § 1-3 applies, up to $2,000, up to 90 days' imprisonment, or up to 90 days of community service.
Frequently Asked Questions
Can I build an awning or bay window that hangs over the sidewalk in Passaic?
Does the county get a say if my property fronts a county road?
What happens if I install something over the right-of-way without a permit?
Sources & Official References
Other rules in Passaic
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Encroachment Permits in Nearby Cities
How other cities in Passaic County handle encroachment permits.