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

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

Key Facts

Governing chapter
Town Code Ch. 183, Streets and Sidewalks
Property-line-to-curb permits
§ 183-10, Supervising Building Official
Paved-street permits
§ 183-11, Superintendent of Highways
Restoration duty
Same condition as before opening
Improper restoration notice
48 hours to fix (§ 183-14)
Max fine
$250 per offense

Summary

Opening the Town of Tonawanda's street rights-of-way for utility or pipe work requires a permit from the Supervising Building Official or the Superintendent of Highways under Town Code §§ 183-10 and 183-11. The permit holder must restore the surface to its prior condition, and violations of the article are punishable by fines up to $250 or jail up to 15 days.

§ 183-10. Permits to open street rights-of-way; restoration of surface. A. The Supervising Building Official may grant permission on an application by the owner or occupant of any lot or property abutting upon a public street, highway or road of the Town ... to open the right-of-way or such portion as lies between the property line and the edge of the paved street, road or highway for the purpose of laying gas, sewer or water pipe ... or for the purpose of repairing such pipe or sewer. B. The person receiving such permit shall cause the work to be completed within such time and in such manner as the Supervising Building Official shall direct and shall cause any opening made in such portion as lies between the property line and the edge of paved street, highway or road to be restored in as good a condition as it was before such opening was made. ... § 183-16. Penalties for offenses. ... A. Any violation by a person, firm or corporation of any provision of this article shall be deemed a violation punishable by a fine not to exceed $250 or by imprisonment for a period not to exceed 15 days, or both.

Full Breakdown

Town of Tonawanda Code § 183-10 lets the Supervising Building Official grant permission to a lot or property owner, or to a licensed plumbing contractor, to open the right-of-way lying between the property line and the edge of the paved street to lay or repair a gas, sewer or water pipe. Section 183-11 covers the paved portion of the street itself: the Superintendent of Highways may permit a utility, communications company, or a licensed plumber to open the street, highway or road to lay or repair a gas or water pipe, communications conduit or electric conduit.

In both cases the permit holder must complete the work within the time and manner directed by the relevant official and restore any opening to as good a condition as existed before the work, per §§ 183-10B and 183-11B. Section 183-12 separately caps curb cuts at one per residential lot, sized to the driveway width plus two feet on each side. If restoration is later found imperfect, § 183-14 lets the Superintendent of Highways demand repair within 48 hours, after which the Town can make the repair itself and bill the applicant.

Utility location within a street also needs Town Engineer approval under § 183-15. Enforcement of the whole article, including these encroachment permits, runs through § 183-16.

Violations & Fines

Under § 183-16, opening a Town right-of-way without the required Supervising Building Official or Superintendent of Highways permit, or failing to restore the surface as directed, is punishable by a fine not to exceed $250, imprisonment not to exceed 15 days, or both, with each day of noncompliance a separate offense. Improper restoration can also trigger a 48-hour repair notice under § 183-14, after which the Town repairs the surface and bills the cost to the applicant, owner or occupant.

Frequently Asked Questions

Who issues a permit to open a street right-of-way in the Town of Tonawanda?
It depends on location: the Supervising Building Official grants permits under § 183-10 to open the right-of-way between the property line and the paved edge, while the Superintendent of Highways grants permits under § 183-11 to open the paved street itself for utility or pipe work.
Do I have to restore the street surface after opening it for pipe work?
Yes. Both §§ 183-10B and 183-11B require the permit holder to complete the work as directed and restore any opening to as good a condition as it was before the opening was made.
What happens if I restore a Tonawanda street opening improperly?
Under § 183-14, the Superintendent of Highways can notify the applicant to fix it, and if it is not repaired within 48 hours, the Town may make the repair itself and charge the cost to the applicant, owner or occupant.

Sources & Official References

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