Driveway Permits on State, County and Town Roads in NY

By Bennett's Concrete and Excavation, Norwich, NY. Updated October 2026.

First, figure out who owns the road

The permit comes from whoever owns the road in front of your property, not from your town building department.

• State highways carry state route numbers. Around Norwich that includes roads like State Highway 12.
• County roads carry county route numbers and are maintained by the county highway or public works department.
• Town roads are everything else outside villages and cities, maintained by the town highway department.

If you're not sure, call the town clerk or town highway department. They'll know.

State highways: the NYSDOT permit

NYSDOT issues residential driveway permits to homeowners who live on a New York State highway and need to install, alter or remove a driveway or other vehicle access between the highway and their property. Applications go through NYSDOT's online system, PermiTrack, which requires a NY.gov account.

The standards for entrances to state highways are in the state regulations at 17 NYCRR Part 125. Its sections cover permits, driveway profile, drainage, residential driveways, location standards and sight distance at entrances.

One town's summary of the NYSDOT process notes that homeowners doing their own work are exempt from the insurance requirements, while contractors working on their behalf have to show proof of insurance. It also points homeowners to their local NYSDOT resident engineer for questions.

If you're changing an existing driveway on a state highway, like widening it or moving the entrance, that may count as altering it. Ask NYSDOT before work starts rather than after.

County roads

New York Highway Law Section 136 requires a work permit from the county superintendent, or a designated agent, to build or improve an entrance to a county road within its right of way. For driveway permits, the law says the county's rules have to consider things like expected traffic, drainage and road safety.

Chenango County's process is a good example. You stake the driveway location, the county inspects it and advises the culvert pipe's diameter, length and gauge, you buy and deliver the pipe and end sections, and the county installs it and covers it with gravel at no charge. You build the rest of the driveway so no water flows onto the highway or shoulder.

Town roads

On town roads, the town highway superintendent handles driveway permits. In the Town of Cortlandville, for example, you apply to the highway department, the superintendent reviews the work and may issue a permit, and for a new driveway you buy the culvert and sloped end sections the superintendent specifies, with a 30 foot minimum length. The town installs the culvert and maintains it, and you maintain the driveway surface. Other towns have their own forms and rules.

What reviewers look at

• Sight distance. Can drivers pulling out see traffic coming, and can traffic see them?
• Location. Distance from intersections and other driveways.
• Drainage. Culvert size under the driveway, and keeping driveway runoff off the road.
• Profile. How the driveway slopes where it meets the road edge.
• Width and angle. How the entrance meets the pavement.

Our culvert and ditch guide covers the drainage side.

Timing and order of work

Apply before any work in the road right of way, and leave time for an inspection and for buying the pipe. The permit's conditions become part of the job plan. As with any digging, an 811 notice goes in before excavation. If you're building a house, line up the driveway permit early, since the driveway is often the first thing built. See preparing a building lot.

How we fit in

We build driveways to the permit's conditions, from the culvert crossing to the top stone or concrete. See gravel driveways and concrete driveways.