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Greenburgh, NY Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

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

Key Facts

Governing section
Greenburgh Code § 430-9
Restricted zone
First 5 feet from curb/edge
Removal notice (prohibited)
5 calendar days
Removal notice (hazard)
24 hours
Uncorrected removal
Town removes, bills as lien
First-offense fine
Up to $750 / 15 days

Summary

Greenburgh keeps the first five feet of every shoulder or sidewalk strip, measured from the curb or edge of the traveled way, clear of poles, fences, signs and similar objects. Section 430-9 sets narrow exceptions for permitted utility poles, sight-safe trees and shrubs, and simple mailbox posts, and the Town can force removal on as little as 24 hours' notice for a hazard.

No pole, post, fence, hedge, wall, steps, tree, shrub, plant, sign or other structure or object shall be placed in the first five feet of shoulder or sidewalk area of any highway or public right-of-way measured from the curb or edge of a traveled way; except public utility poles and structures placed pursuant to a permit issued by the Town; and except isolated or ungrouped trees, shrubs or plants, provided that they do not interfere with sight distance, passage or potential passage of pedestrians or pose a potential hazard or liability for the Town; and except mailboxes on simple, unelaborate posts.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4570580; v39 updated 2025-10-22; through 10-22-2025).

Full Breakdown

Article III of Chapter 430 keeps the first five feet of every shoulder or sidewalk area, measured from the curb or edge of the traveled way, clear of private objects. " Anything already there when the rule took effect can stay under § 430-9B, but only as a revocable license: it creates no easement or vested right, and the Town accepts no liability if the object is damaged during Town work. Beyond the five-foot line, § 430-10 lets adjoining owners place fences, walls, trees and similar improvements, again only as a revocable license incidental to normal use of the property, provided the object doesn't block sight distance or create a hazard.

When the Commissioner finds a violation, § 430-11 sets the clock for removal by certified-mail notice: five calendar days for a flatly prohibited object, 10 days for something conditionally allowed or grandfathered, and just 24 hours if the obstruction is a serious hazard. If the owner misses the deadline, § 430-12 lets the Town remove the object itself and charge the cost to the property, becoming a lien until paid.

Violations & Fines

Failing to remove a prohibited obstruction after notice, or placing one in the first place, is punishable under § 430-18A by up to a $750 fine and/or 15 days in jail per day of violation. A second conviction for the same violation is a misdemeanor reaching $1,500 and/or three months, and the Town can still bill the removal cost as a lien on the property under § 430-12 regardless of any criminal penalty.

Frequently Asked Questions

How close to the curb can I put a fence in Greenburgh?
Not within the first five feet of the shoulder or sidewalk area measured from the curb or edge of the traveled way. Section 430-9A bans poles, fences, hedges, walls, signs and similar structures in that strip, except Town-permitted utility poles, isolated trees or shrubs that don't block sight lines, and simple mailbox posts.
How long do I have to remove an illegal obstruction after notice?
Section 430-11 gives five calendar days to remove a flatly prohibited object, 10 days if it was a conditionally permitted or grandfathered condition, and only 24 hours if the Commissioner considers it a serious hazard. Notice is served by certified mail on the abutting property owner.
What happens if I don't remove the obstruction myself?
Under § 430-12, the Town can remove the obstruction using its own crews or a hired contractor and charge the cost of removal and restoration to the property owner. That charge becomes a lien on the property until it is paid in full.

Sources & Official References

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