Road Opening & Road Restoration

Highway or Sidewalk Excavation

A person, public service, water, light, or power company and a person performing work on behalf of a municipal corporation shall not excavate in any highway or sidewalk in the town for any purpose without first obtaining a Right-of-Way Permit from the Commissioner of Highways.

Application For Permit

A written permit application shall be filed with the Commissioner, stating the purpose, extent, location and nature of a proposed excavation or other disturbance of a highway or sidewalk in the town, except where law shall directly authorize an excavation or disturbance.

Permit Dates & Restoration

Work must commence and be satisfactorily restored within 60 days unless otherwise extended, in writing, by the Highway Department.

Requirements for Applicants

The Commissioner shall require the applicant to post a performance bond in the amount of $5,000, which shall be deemed to be adequate to pay said expense upon the condition that the permittee replaces the highway or sidewalk, pavement, curb or gutter in the proper condition or pay all of the expenses to which the town may be put to replace the highway or sidewalk, pavement, curb or gutter or put the same in proper condition within one year following the satisfactory completion of the project. 

Each applicant shall take out and maintain during the term of the permit and file with the Commissioner a public liability insurance policy insuring the Town of Hempstead, its agents, servants and/or employees and the Commissioner in an amount not less $1,000,000 for injuries, including wrongful death, to any person and subject to the same limit for each person on account of each occurrence and a property damage insurance policy insuring the Town of Hempstead and all employees thereof in the amount of not less than $1,000,000 on account of any occurrence and in an amount not less than $500,000 on account of all occurrences. Such insurance policies shall cover liability that may arise from operations under the permit, whether such operations are by the permittee or by the Town of Hempstead or the Commissioner. Such insurance policies shall be issued in the name of the Town of Hempstead, its agents, servants and/or employees, and the Commissioner as the insured.


Except as otherwise provided by law or where permits as above are granted for work done at the direction of the Commissioner, each application for such permit shall be accompanied by a fee of $300 for each excavation (4 feet by 4 feet hole), to be paid to the Town. The fee and permit herein required shall be in addition to permits required for construction of any sidewalk, curb, or driveway. A fee of $250 shall accompany each application when an excavation constituting continuous trench measures more than 25 feet. If a continuous trench spans more than 100 feet, the fee will be an additional $250 for each additional 100 feet or any part thereof.

Road Closures

No town highway shall be closed without prior written notice to and approval of the Commissioner of the Highway Department.

Hempstead Town Code

Road Openings and Road Restoration regulations are governed by Chapter 175 of the Hempstead Town Code.

Construction Requirements

  • All procedures and materials shall be in conformance with the latest edition of the Nassau County Specifications for Construction of Highways and Bridges and the Nassau County Traffic Signal Specifications as prepared by the Nassau County Department of Public Works.
  • Trench areas shall be kept open as short a time as possible consistent with the installations involved. No trench area shall be left open after working hours.
  • Upon request by the Commissioner, a schedule of operations shall be submitted by the permittee.
  • A space of at least four feet wide shall be maintained at all times on the side of the right-of-way for the safe use of pedestrians.
  • In no case shall sidewalks or pavements be removed or broken unless all subsequent activities needed to complete the permit work proceed without delay thereafter, Where concrete pavement is broken and left in place prior to removal, these pavement areas shall be resurfaced with a temporary asphalt pavement before opening to traffic.
  • Every precaution shall be taken to prevent the marring or damage to structures such as pavements, curbs, sidewalks, etc., abutting the work as follows:
    • Timber planks shall be used to support steel-treaded mobile equipment, and timber blocks or planks shall be placed under all outriggers used to stabilize excavation and other mechanical equipment.
    • Loose stones, broken concrete, sand, dirt, debris, etc., shall be swept up daily from the areas adjoining the work.
    • Under no circumstances shall the mixing of mortar or concrete or the storage of asphalt be permitted directly on unprotected surfaces adjoining the work.
    • Immediately following saw cutting, all residue shall be flushed, broomed and removed from adjoining surfaces.
    • All possible care shall be taken to prevent undermining of the adjoining pavement. The use of driven sheeting may be required to prevent such undermining. Any such undermining shall be deemed sufficient reason for the issuance of orders to remove additional pavement.
  • The permittee shall have a competent representative at the site while the work is in progress to ensure adherence to the conditions of the permit.
  • The permittee shall provide and maintain temporary pavement with hot asphalt mixes flush with the grades of the adjoining surfaces until final restoration.
  • No transverse road opening nor a road opening within an intersection may exceed one-third (1/3) the width of the highway, nor shall any more than that same length be blocked by construction, truck loading or unloading or by construction material and barricades at any one time.
  • All existing traffic signs temporarily removed for construction shall be carefully stored and must be reinstalled upon completion of work.