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

Chapter 104, Article II of the City Code bars any above-surface or subsurface encroachment into the public right-of-way without a written permit from the City Engineer. Section 104-33 sets hard clearance rules: no above-surface permit may issue within two feet of the curbline, and none may issue for anything that creates a hazard or blocks pedestrian, vehicle or maintenance-equipment passage. The section then fixes dimensional limits by structure type, entrance steps and doors may encroach up to two feet, architectural details up to four inches (or ten inches above ten feet in height), balconies up to two feet if kept above ten feet, fire escapes up to four feet six inches if kept above ten feet, and marquees, awnings, light fixtures and flagpoles must clear eight to fourteen feet depending on the feature.

Storm enclosures get seasonal permits only from November 1 to May 1, capped at two feet of encroachment; sidewalk cafe permits run April 1 through November 30 and are limited to businesses operating on the ground floor of the adjoining building. Section 104-34 covers subsurface work: footings may extend 12 inches beyond the right-of-way line if the top sits at least four feet below grade, and vaults and areaways may not cross the curbline. Section 104-53 requires permanent-structure applicants to post at least $250,000 in performance security and carry at least $2,000,000 in combined single-limit general liability coverage; projecting signs carry their own tier, $50,000/$1,000,000 for one or two signs and $100,000/$2,000,000 for more. Encroachments predating February 23, 1971 may remain as built unless the Council or City Engineer orders removal, relocation or modification.