Chesapeake's Sidewalk & Pedestrian Rules: The Rules That Matter

Every city handles sidewalk & pedestrian rules a little differently. In Chesapeake, Virginia, there are 2 distinct rules that residents and property owners should be aware of. Some are stricter than what neighboring cities enforce, and others are more relaxed. Here is what you need to know.

Obstruction Rules

Chesapeake bans placing fences, gates, porches, benches, merchandise, or almost any other object on a sidewalk, street, right-of-way or alley if it obstructs safe use by vehicles or pedestrians. Sec. 66-8 lets the director of public works order the owner to remove it, and the city can remove it and bill the owner if the owner refuses.

Key details: Prohibited objects: Fences, gates, porches, benches, merchandise, and more. Test: May obstruct safe, convenient use by vehicles/pedestrians. Enforcement: Director of public works orders removal. Non-compliance cost: City removes object, bills owner for cost. Permitted exceptions: Entryway features (Sec. 66-121.1) and signs (Sec. 14-700).

Leaving an obstructing object on a sidewalk, street, right-of-way or alley violates Sec. 66-8 as soon as the director of public works determines it interferes with safe use. After notice, an owner who does not remove the object within a reasonable time faces city removal at the owner's expense, billed for the full cost. Unpermitted entryway structures, ornamental features or signs in the right-of-way lose the exception and are treated the same way.

Encroachment Permits

Chesapeake requires a special permit before a private property owner builds an entryway structure or ornamental feature, such as a subdivision guardhouse, monument, wall or trellis, in the public right-of-way. The director of development and permits reviews plans, requires a cash bond covering removal costs, and can revoke the permit at any time on 60 days' notice under Sec. 66-121.1.

Key details: Permit authority: Director of Development and Permits (Sec. 66-121.1). Covers: Entryway structures and ornamental features, not signs. Financial assurance: Cash bond or surety for removal costs. Revocation: Any time, with or without cause, 60 days notice. Unpermitted items: City may remove, store, then dispose if unclaimed.

A structure placed in the right-of-way without this permit is treated as unlawfully placed under Sec. 66-121.1(b): the director of public works or development and permits may remove it, take it into custody, and recover the city's removal and storage costs from the owner before releasing it, or dispose of it if unclaimed. A properly permitted structure can still lose its authorization on 60 days' notice, with revocation available "at any time, with or without cause."

This is one of the stricter rules in Chesapeake's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Chesapeake's sidewalk & pedestrian rules rules are a mixed bag. Some areas are strict, others are relaxed, and the details matter. The best approach is to check the specific rule that applies to your situation rather than assuming Chesapeake is broadly strict or permissive.

All of the above reflects Chesapeake's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.