New York City to Allow Permanent Outdoor Dining
By ManhattanRealEstateTracker, September 2, 2026
The legislation, Intro. 0655, makes the City’s Dining Out NYC program’s use of roadway outdoor dining permanent. It removes an earlier requirement that restaurants dismantle outdoor dining structures between Nov. 30 and March 31. The city will issue guidelines on winterizing them, but restaurants that participate will be able to keep their street setups throughout the year. The New York City Department of Transportation is expected to release those regulations in the coming months.
Mayor Mamdani said the seasonal removal mandate meant restaurant operators had to take down and rebuild their outdoor spaces constantly, which increased expenses and made long-term planning tough.The permanent program builds on the City’s reinvention of outdoor dining during the pandemic.
“Too many restaurants and cafes have been locked out of our roadway dining program by unnecessary red tape and seasonal restrictions,” said Intro. 0655, sponsored by Council Member Lincoln Restler. NYC DOT says the long-term initiative will create more resilient, accessible, and clean roadway configurations. If eateries want to continue operating those spots in winter, the agency will impose additional restrictions.
This trade-off is reflected in the City’s outdoor dining program, which enables eateries to construct dining areas on select stretches of streets that would otherwise be reserved for parking or other uses. Permanent roadside dining means drivers won’t always have outdoor seating areas in the winter. The Department of Small Business Services has also backed the changes as part of Mamdani’s Open for Small Business campaign.
