Yonkers, NY Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- New encroachments
- Flatly prohibited, § 103-88
- Preexisting encroachments
- Grandfathered unless found hazardous, § 103-89
- Removal order issued by
- Corporation Counsel, § 103-90
- Nonpayment remedy
- Court judgment for cost of removal
- Adopted
- 1975, G.O. No. 13-1975
Summary
Yonkers prohibits any property owner from encroaching on a City street within the projection of their own lot lines to the street's center line. Encroachments that already existed when the article took effect are grandfathered unless the City later finds them hazardous or a neighbor's enjoyment of their property is unduly disrupted.
It shall be unlawful for any owner of real property abutting a City street to encroach or allow, cause or suffer an encroachment upon a City street within a projection of said owner's property lines to the center line of such street. ... Any such encroachment upon a City street existing at the time that this article took effect shall be deemed lawful unless a determination is made by the proper City department or agency that such an encroachment is hazardous to the safety, health or welfare of the public or upon complaint of an adjoining owner that such encroachment unduly interferes with said adjoining owner's quiet enjoyment of his or her property.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4745274; v31 updated 2025-10-28; through 10-28-2025).
Full Breakdown
§ 103-89, amended in 1984, grandfathers anything that predates the article: any such encroachment upon a City street existing at the time that this article took effect shall be deemed lawful, unless the proper City department or agency determines it's hazardous to public safety, health or welfare, or an adjoining owner complains that it unduly interferes with said adjoining owner's quiet enjoyment of his or her property. § 103-90 gives the Corporation Counsel authority to order the owner, in writing, to correct a hazardous condition or remove the encroachment within a reasonable time.
Violations & Fines
If an owner doesn't remove or correct a hazardous encroachment after the Corporation Counsel's written order, § 103-90 lets the Commissioner of Public Works remove it directly and charge the cost to the owner. An owner who won't pay faces a Corporation Counsel lawsuit for a court judgment covering the removal cost. Because Article XI carries no separate fine clause, maintaining an unlawful new encroachment can still be charged as a Class II offense under the § 1-21 default.
Frequently Asked Questions
Can I get a permit to build into the Yonkers street right-of-way?
What if my fence or wall was already encroaching before 1975?
Who orders an encroachment removed in Yonkers?
Sources & Official References
Other rules in Yonkers
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Encroachment Permits in Nearby Cities
How other cities in Westchester County handle encroachment permits.