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

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

Key Facts

Permit type
Combined RCP/Right-of-Way Occupancy Permit
Apply
2 weeks before work, Highway Division
Insurance floor
$1,000,000 bodily injury, $25,000 property
Maintenance bond
Held 2 years after restoration
Lane closures barred
7-9 a.m. and 4-6 p.m. weekdays
Penalty
Up to $500 fine or 90 days jail

Summary

Any excavation, driveway, curb, sign or structure that touches a Mercer County road right-of-way needs a Roadway Construction Permit/Right-of-Way Occupancy Permit (RCP/ROWOP) under County Code § 5.03.030. Applications go to the County Engineer at least two weeks before work starts and must include insurance, a traffic control plan and, in most cases, a performance bond.

These county ordinances apply to unincorporated areas of Mercer County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful for any person or persons, firm, corporation, or municipality to make any excavation in, or to open, or damage the surface of any road or street under the jurisdiction of the County of Mercer without written approval from the County Engineer. ... A RCP/ROWOP shall be required for any disturbance to the roadway surface or construction of a new street or driveway access to a County road. Examples of actions that would trigger the need to obtain a permit include but are not limited to: excavation within the roadway pavement; installation of manholes; installation of pipe; trenching; installation of curb; new driveway construction; driveway apron modifications; planting of trees; and installation of signs.

Full Breakdown

030 is the general encroachment-permit statute for any private use of a County road right-of-way: excavating, opening or damaging the roadway surface, tying into the County storm drain system, or building a new or modified driveway or intersection all require a combined Roadway Construction Permit and Right-of-Way Occupancy Permit (RCP/ROWOP). 030(A) makes it 'unlawful for any person or persons, firm, corporation, or municipality to make any excavation in, or to open, or damage the surface of any road or street' or 'any portion of the Mercer County right-of-way or permanent easement' without written County Engineer approval.

Examples triggering the permit under (B)(1) include excavation within the pavement, manholes, pipe, trenching, curb, new driveway construction, tree planting and sign installation. 030(C)(3). Every application must carry public liability insurance of at least $1,000,000 for bodily injury or death and $25,000 for property damage, and post a performance and maintenance bond that stays in force for two years after final pavement restoration is approved. weekdays, absent a Road Supervisor emergency finding, and closing a County road outright needs sign-off from both the County Engineer and the local municipality.

Violations & Fines

Working in the right-of-way without an approved RCP/ROWOP, or failing to restore the roadway as required, makes the applicant responsible for the County's full cost of repair, per § 5.03.030(L). Under § 5.03.060(B)(2), the County Sheriff can pursue a fine of up to $500, up to 90 days in the County jail, or both, and cash or bond deposits are forfeited to cover unfinished restoration work.

Frequently Asked Questions

Do I need a County permit to install a driveway or sign in the right-of-way?
Yes. Section 5.03.030(B) requires a Roadway Construction Permit/Right-of-Way Occupancy Permit for any new driveway, curb work, sign installation, storm drain tie-in, or excavation touching a County road or right-of-way. Applications go to the Mercer County Highway Division with detailed plans at least two weeks before the work starts.
Can I do the work during rush hour if that's the only time I'm free?
No. Section 5.03.030(G)(5) bars closing any travel lane during the County's designated rush hours, 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m. Monday through Friday, unless the County Road Supervisor determines there is a valid emergency.
What insurance do I need to get an encroachment permit?
Section 5.03.030(C)(8) requires a public liability policy or certificate of insurance with at least $1,000,000 coverage for bodily injury or death and $25,000 for property damage, from a carrier licensed in New Jersey, naming Mercer County as indemnified.

Sources & Official References

Other rules in Mercer County

All Mercer County rules

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