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

Article III of Chapter 141 of the Troy City Code governs encroachments in the City of Troy, New York, in Rensselaer County. Section 141-66 requires an encroachment permit from the City Engineer before an owner allows or starts the erection, construction, enlargement, alteration, removal, demolition or change of any encroachment. Painting, decorating and normal repairs that are not structural in nature need no permit.

Section 141-67 defines an encroachment as any permanent attachment to or projection from a building at, above or below street level that extends into a public right-of-way of a street or alley. The printed list includes stoops, stairs, bow and bay windows, porches, basement steps and windows, basement window wells, underground footings, underground vaults, storefronts, facade trim, handicap access ramps and eaves.

Under § 141-68 the application goes to the City Engineer on forms from that office or from the Director of Code Enforcement, and each separately assessed property needs its own application. The owner signs and verifies it and attaches an accurate survey, plot plan or drawing to scale, detailed plans for any new work, and a statement that the applicant will comply with the article and hold the City harmless and indemnify it. The fee is a $40 minimum charge where no new work is planned or the work is valued at $1,000 or less, plus $20 per $1,000 of work above $1,000.

Section 141-69 sets six criteria for issuing the permit: the right-of-way stays safe and open to pedestrian and vehicular traffic; no one is exposed unnecessarily to harm or liability; new at-grade or above-grade encroachments can be removed without structural damage to the building; the encroachment is structurally sound; it is appropriate to and in harmony with the architectural style of the neighborhood; and it does not adversely affect existing or planned utilities. Section 141-70 makes the permit authority to start work and to continue encroaching until it is revoked. Separately, § 141-35 limits awning overhang into the sidewalk to eight feet.