Right-of-way The public strip of land encompassing the roadway, curb, and sidewalk, owned and controlled by the City of New York regardless of adjacent private ownership.
Everything from a Street Opening Permit to a Sidewalk Construction Permit exists because work is happening within this city-owned right-of-way, even when the abutting owner is legally responsible for maintaining part of it. This is also why unauthorized structures — an illegal curb cut, an encroaching fence, unpermitted defacement — are enforceable by the city even though a private owner pays for the sidewalk's upkeep. Understanding the right-of-way concept clarifies why property owners need city permission for work that, on the surface, looks like it's happening "on their own property."
Frequently Asked Questions About Right-of-way
What is the public right-of-way?
The public strip of land encompassing the roadway, curb and sidewalk, owned and controlled by the City of New York regardless of adjacent private ownership.
Why do I need a permit to fix my own sidewalk?
Because the work happens within the City-owned right-of-way, even though the abutting owner is responsible for maintaining that portion.
What can the City enforce in the right-of-way?
Unauthorized curb cuts, encroaching fences or structures, unpermitted work and defacement, among other conditions.
Does maintaining it give me ownership?
No. Maintenance responsibility does not convey any property interest in the right-of-way.