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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit required for
Grade, curb, excavation and pole changes
Permit fee
$50, Town Code § 287-13
Issuing official
Town Superintendent of Highways
Bond required
Indemnity/performance bond before consent effective
Double-pole removal window
60 days after new pole installed
Utility notice window
30 days after written notice
Pole violation penalty
$250 per day past deadline

Summary

In the Town of Southampton outside the villages, Town Code § 287-13 requires written consent from the Town Superintendent of Highways before anyone changes the grade of a Town highway or sidewalk, alters a curb, opens the highway surface, excavates under it, or places or moves a utility pole. Applicants file on the Superintendent's own form and pay a $50 permit fee.

No person, firm or corporation shall change or alter the grade of any Town highway or of any sidewalk upon or in a Town highway of the Town of Southampton, or in any manner alter or change the line or height of any curb in any Town highway in said Town, or open the surface of any Town highway of the Town of Southampton, or make any excavation under the surface thereof for any purpose, or place or erect any pole for any purpose in or upon any Town highway of said Town, or alter or change the location of any existing pole in any Town highway of said Town without first having obtained the written consent of the Town Superintendent of Highways. Application for a permit under this section shall be made upon a form to be provided by the Superintendent of Highways and upon payment of a permit fee of $50.

Full Breakdown

Town Code Chapter 287, Article IV, § 287-13, adopted in 1986 and amended in 1993, governs any private alteration of a Town highway or the sidewalk within it in the unincorporated Town of Southampton. No person, firm or corporation may change or alter the grade of a Town highway or a sidewalk in it, alter or change the line or height of a curb, open the surface of a highway, excavate beneath it, or place, erect or relocate a utility pole in a Town highway without first obtaining the written consent of the Town Superintendent of Highways.

The applicant must use the form the Superintendent provides and pay a $50 permit fee at the time of application. Section 287-14 adds a second condition: the Superintendent cannot give written consent under § 287-13, or under § 287-13.1's double-pole removal work, until the applicant furnishes a sufficient indemnity or performance bond, in an amount and form the Superintendent determines, and the bond must be filed and approved in the Town Clerk's office before consent takes effect. A related but broader provision, § 287-15, separately requires written consent of the Superintendent, backed by its own bond, before anyone disturbs, breaks, mars, injures, removes or defaces any highway, street, road, sidewalk, sidepath, passway or public way maintained by the Town.

Utility work carries added rules: § 287-13.1, added in 2010, gives a permittee 60 days after installing a new pole to remove any damaged or double pole it replaces, and lets the Superintendent order a utility to remove a damaged or double pole within 30 days of written notice. Violating the utility-pole removal timelines draws the § 287-19(C) penalty of $250 per day the pole, plant or attachment remains standing beyond its removal deadline, on top of any court-ordered removal and cost recovery.

Violations & Fines

Section 287-13 itself sets no standalone fine schedule of its own; unpermitted highway or sidewalk alteration work falls under Chapter 287's general enforcement, and utility-pole violations carry their own schedule under § 287-19(C): a $250-per-day penalty for each day a damaged, double or unremoved pole, plant or attachment stays past its removal deadline. The Town can also sue to force removal, recover its costs, and pursue any other court-ordered remedy needed to clear an unauthorized alteration of a Town highway or sidewalk.

Frequently Asked Questions

How much does a Southampton highway or sidewalk alteration permit cost?
Under Town Code § 287-13, the permit fee is $50, paid when you file the Superintendent of Highways' application form. Before the Superintendent signs off, you also need an indemnity or performance bond under § 287-14, sized and approved by the Superintendent and filed with the Town Clerk.
Who issues the permit to alter a Town sidewalk or curb?
The Town Superintendent of Highways, under § 287-13. That office's written consent is required before anyone changes a highway or sidewalk grade, moves a curb line, opens the road surface, excavates beneath it, or installs, moves or removes a utility pole in a Town right-of-way.
What happens to an old utility pole after a new one goes in?
Section 287-13.1 gives the permittee 60 days from installing the new pole to remove the damaged or double pole it replaced. If the utility misses that window, or the Superintendent separately flags a damaged or double pole, § 287-19(C) adds a $250 penalty for every day it is left standing.

Sources & Official References

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