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Southborough, MA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Excavation and staging permit
Written permit approved by Select Board or designee (§ 152-4)
Curb cut permit
Written permit from Highway Superintendent (§ 152-5)
Night safety
Lighted lanterns and proper barriers, sunset to sunrise
Permit duration
For such time as the Board specifies
Bond
Can be required before, during or after the work
Revocation
At any time by the issuing board or officer

Summary

Southborough requires a written permit before anyone digs up a public sidewalk, street or highway or places staging or any other temporary structure on one. The Select Board or its designee approves it, and a driveway or roadway curb cut needs a separate written permit from the Highway Superintendent. Holders must restore the way and can be required to post a bond.

No person shall break or dig up any public sidewalk, street or highway, or place thereon any staging or other temporary structure, without first having obtained a written permit approved by the Select Board or its designee, or other board having charge of the streets, so to do. Any person having such a permit shall, before the expiration of the same, restore such sidewalk, street or highway to its original condition or to a condition satisfactory to such Board. ... The Board granting such permit shall have the right to revoke the same at any time and may require a bond, either before or after the commencement of work or during its progress, to secure its proper performance and to save the Town harmless from all claims for damages which may result therefrom. ... No person shall construct a driveway curb cut or roadway curb cut within a Town way without first having obtained a written permit from the Highway Superintendent.

Full Breakdown

Two permits control private work in Southborough's public ways. Section 152-4 requires a written permit approved by the Select Board or its designee, or by another board having charge of the streets, before anyone breaks or digs up a public sidewalk, street or highway, or places staging or another temporary structure on one. Section 152-5 requires a written permit from the Highway Superintendent before anyone constructs a driveway curb cut or roadway curb cut within a Town way.

A § 152-4 permit comes with conditions. Before it expires, the permit holder must restore the sidewalk, street or highway to its original condition or to a condition satisfactory to the Board. The permit is in force for such time as the Board specifies. It is always subject to the condition that, during the whole of every night from sunset to sunrise, lighted lanterns and proper barriers are placed to secure travelers from danger. The Board granting the permit has the right to revoke it at any time and can require a bond, before or after the commencement of work or during its progress, to secure proper performance and to save the Town harmless from all claims for damages.

A § 152-5 curb cut permit follows a similar pattern. The holder restores the way, including any sidewalk or grassed area, to a condition satisfactory to the Highway Superintendent before the permit expires. The permit is in force for such time as the Highway Superintendent specifies, can be revoked at any time, and can be backed by a bond. The Highway Superintendent can also establish rules and regulations governing curb cut activity. Under § 152-1 the streets and highways of the Town are under the direct supervision of the Superintendent of Streets appointed by the Select Board.

Violations & Fines

Chapter 152 prints no fine specific to working without a § 152-4 or § 152-5 permit. Section 152-4 states that no person having obtained a permit shall fail to comply with its conditions, and § 152-5 repeats that rule for curb cut permits. The permitting board can revoke a permit at any time and require a bond. The Code's general penalty, § 1-1, is a fine of not more than $20 unless otherwise specifically provided.

Frequently Asked Questions

Do I need a permit to put scaffolding or staging on a Southborough sidewalk?
Yes. Section 152-4 says no person shall place any staging or other temporary structure on a public sidewalk, street or highway without first obtaining a written permit approved by the Select Board or its designee, or another board having charge of the streets.
Who issues a driveway curb cut permit in Southborough?
The Highway Superintendent. Section 152-5 prohibits constructing a driveway curb cut or roadway curb cut within a Town way without a written permit from the Highway Superintendent, who can set the permit's duration, require a bond, revoke it, and establish rules governing the activity.
What must a permit holder do when the work is finished?
Before the permit expires, the holder restores the way. Under § 152-4 that means the original condition or a condition satisfactory to the Board. Under § 152-5 it includes any sidewalk or grassed area, restored to a condition satisfactory to the Highway Superintendent.
Can Southborough require a bond for work in the street?
Yes. Both sections let the permitting authority require a bond, either before or after the commencement of work or during its progress, to secure proper performance and to save the Town harmless from all claims for damages that result from the work.

Sources & Official References

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