Smithtown, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit fee
- $200 per encroachment easement
- Citation
- § 245-18A(16), fee schedule
- Issuing office
- Town of Smithtown Highway Department
- Insurance required
- $500,000/$1,000,000 liability limits (§ 245-19)
- Violation penalty
- Up to $500 first, $1,000 subsequent (§ 245-24)
Summary
Private use of the Smithtown right-of-way that requires an encroachment easement, such as a structure or feature extending into Town land, costs $200 under the Highway Department's fee schedule at Code § 245-18A(16), issued through the same permit counter that handles excavation and driveway work.
A. Town of Smithtown Highway Department fees shall be as follows: ... (16) Encroachment easement: $200 each.
Full Breakdown
The encroachment easement fee sits in Chapter 245, Article IV, Excavations, within the master fee list at § 245-18: "Town of Smithtown Highway Department fees shall be as follows," which prices a $200 encroachment easement (item 16) alongside a $500 utility cabinet fee, $250 fees for heavy or overweight loads of 80,000 pounds or more, and $250 for over-width loads exceeding 10 feet. Section 245-17 requires every applicant to pay the filing fee set by this schedule to the Highway Department before work proceeds. Article IV's general liability requirement in § 245-19 obligates a permit applicant to file a general liability insurance policy or certificate naming the Town of Smithtown as an additional insured, with limits of $500,000 per person and $1,000,000 aggregate for bodily injury and $500,000 per accident with a $1,000,000 aggregate for property damage, at the same time the application is filed. The Superintendent of Highways administers these permits and can impose additional conditions under § 245-22.
Violations & Fines
Article IV's penalty section, § 245-24, covers violations of any provision in the Article, including the permit-fee requirement tied to an encroachment easement. A first violation is punishable by a fine of up to $500 and a subsequent violation by up to $1,000, recovered in a civil action in the Town's name, without preventing the Town from ordering the encroaching condition removed.
Frequently Asked Questions
How much does a Smithtown encroachment easement cost?
Do I need insurance to get an encroachment easement in Smithtown?
What if I encroach on the Town right-of-way without a permit?
Sources & Official References
Other rules in Smithtown
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How other cities in Suffolk County handle encroachment permits.