Southampton Village, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Superintendent of Public Works (written permit)
- Permit-required items
- Posts, underground excavation, plantings, curb, Belgian block, driveway apron
- Public street includes
- The entire public right-of-way, including sidewalks
- Road excavation insurance
- $1,000,000 per occurrence, $2,000,000 aggregate (§ 95-30)
- Bond duration
- Two years from completion of work (§ 95-31)
- Fine
- Up to $2,000 or 15 days; each day is a separate offense
Summary
In the Village of Southampton, no encroachment on, into or over a public street can be made or maintained. Posts, underground excavation, plantings and curb or driveway apron installations count as encroachments unless the owner first obtains a written permit from the Superintendent of Public Works, and the public street includes sidewalks.
B. As used herein, the term "encroachment" includes the following: ... (2) Any erection or fixing of a post or posts or similar obstruction without first having obtained a written permit from the Superintendent of Public Works to do so. (3) Any underground excavation, including irrigation, electrical or control wiring without first having obtained a written permit from the Superintendent of Public Works to do so. (4) Any planting of trees or other vegetation without first having obtained a written permit from the Superintendent of Public Works to do so. (5) Any installation of concrete curb, Belgian block or driveway apron without first having obtained a written permit from the Superintendent of Public Works to do so.
Full Breakdown
Article II of Chapter 95 of the Southampton Village Code, adopted 6-3-1938, bars encroachments on public streets, and § 95-7 was amended 7-24-2001 by L.L. No. 8-2001 and again 10-11-2007 by L.L. No. 9-2007. Section 95-7B lists four items that count as encroachments when done without a written permit from the Superintendent of Public Works: erecting or fixing a post or posts or similar obstruction, any underground excavation including irrigation, electrical or control wiring, planting trees or other vegetation, and installing concrete curb, Belgian block or a driveway apron. Section 95-7C defines the public street to include the entire public right-of-way, including sidewalks, so the permit requirement reaches the strip in front of a house.
The Board of Trustees carves out three exceptions in § 95-8: a marquee in front of a theater approved by the Board, a temporary encroachment expressly authorized by resolution of the Board of Trustees (if it complies with that resolution), and outdoor sidewalk dining by a licensed business under a license from the Village Clerk, operated within rules the Board sets by resolution.
Digging in the roadway itself falls under Article VIII, Road Excavations, adopted 1-24-2006 by L.L. No. 1-2006. Section 95-29 requires a written permit from the Superintendent of Public Works and an application that gives the name and address of the applicant, the work and its location, start and completion times, a time schedule, the legal authority for the work, and a cost estimate. Section 95-30 requires a certificate of insurance naming the Village as primary additional insured at $1,000,000 per occurrence and $2,000,000 general aggregate. Section 95-31 requires a surety bond or certified check that secures upkeep and workmanship for two years from completion. Application and permit fees are set by Village Board resolution and paid to the Village Clerk (§ 95-32), and work must start within 30 days from the date of permit (§ 95-35A).
Violations & Fines
Section 95-9 sends any person who violates the encroachment article to the penalties in Article II of Chapter 1 of the Village Code. Under § 1-17, a conviction is a violation under the Penal Law punishable by a fine not exceeding $2,000 or imprisonment for up to 15 days, or both, and each day a continuing violation lasts is a separate offense. Under § 1-18, a penalty does not prevent revocation or suspension of a permit.
Frequently Asked Questions
Do I need a permit to plant a tree in the sidewalk strip in the Village of Southampton?
Who issues encroachment permits in the Village of Southampton?
What insurance is required to dig in a Village road?
How long does the permit bond last?
Sources & Official References
Other rules in Southampton Village
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Encroachment Permits in Nearby Cities
How other cities in Suffolk County handle encroachment permits.