Wayne, NJ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Wayne Township Code § 180-10I makes it unlawful to place any permanent or temporary objects or structures within the roadway or within the public right-of-way unless prior approval is granted by the Township Council. The section excludes only mailboxes that meet the requirements of § 180-41B(1), refuse, and refuse receptacles on their designated collection days. The Township Council amended § 180-10 several times, most recently on May 6, 2026 by Ord. No. 23-2026.

A second rule in the same section, § 180-10F, bars placing or storing building material, supplies or equipment, construction shanties or toolsheds, earth, dirt, stones or any other materials or articles upon any street, except while the street is under construction or repair and in connection with that work, and except for work by a public utility.

Section 180-8 carves out a narrow exemption. Where the landscaping of an abutting property already encroaches on the street right-of-way, the owner needs no permit to alter the landscaping or make minor repairs on an existing retaining wall, provided the work does not adversely affect street drainage facilities, damage the curb or pavement, increase the encroachment upon the street right-of-way or create a traffic hazard.

Other work in the right-of-way runs through separate approvals. Section 180-3A requires a street permit from the Township Engineer before anyone constructs, alters or removes a curb, retaining wall, driveway connection or drainage facility in or under a Township-owned street. Section 84-10C(4) bars any portion of a retaining wall within a Township right-of-way or public easement unless the Township Council approves an encroachment agreement. Roll-off dumpsters on municipal roadways need a Construction Official permit under § 83-10.