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Allentown, PA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Approving body
Bureau of Building Safety and Standards
Max encroachment width
1/3 of sidewalk area
Minimum clear sidewalk left
5 feet
Required reviewers
Engineering, Code Enforcement, Traffic Planning
Historic district review
Board of Historical Architectural Review (HARB)
City removal notice
30 days' written notice

Summary

Placing a permanent structure like a step, porch, planter or fence into the Allentown right-of-way requires approval from the Bureau of Building Safety and Standards, and the encroachment cannot exceed one-third of the sidewalk width or leave less than five feet of clear walk.

Certain permanent encroachments shall be permitted upon the approval of the Bureau of Building Safety and Standards subject to the following conditions: (1) Permissible encroachments shall include steps, porches, planters, fences, building projections, and service structures of utilities related to the right-of-way such as public telephones or bus shelters... (2) A permissible encroachment may not exceed 1/3 of the sidewalk area measured from the property line and may not reduce the width of the abutting sidewalk to less than five feet.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4995055; v49 updated 2026-06-26; through 06-26-2026).

Full Breakdown

Section 545-42 of the Codified Ordinances bars any permanent obstruction in the right-of-way of a public thoroughfare except as the article allows. Subsection A permits existing steps, open porches and awnings essential for access, so long as they do not extend more than five feet (on streets 60 feet or wider) or more than one-third of the sidewalk width (on narrower streets) beyond the property line, plus tree well surrounds up to 18 inches tall. Subsection B lists permissible encroachments subject to Bureau of Building Safety and Standards approval: steps, porches, planters, fences, building projections and utility service structures such as bus shelters.

These may not exceed one-third of the sidewalk area measured from the property line, and may never narrow the remaining clear sidewalk to less than five feet. Three City reviewers must sign off: designees of the Bureau of Engineering, the Bureau of Code Enforcement, and the Bureau of Traffic Planning and Control. The encroachment cannot impede pedestrian or vehicular flow, block light or air to neighboring property, or represent a significant variance from what already exists on the block, and in a historic district it also needs Board of Historical Architectural Review approval.

Approved owners must sign a compliance contract with the City, which reserves the right to order removal at the owner's expense on 30 days' written notice. Anything not permitted under Subsection B can still be authorized by City Council resolution under Subsection C.

Violations & Fines

There is no separate fine schedule for unpermitted permanent obstructions in Section 545-42 itself; the City's remedy is removal, since Section 545-42.B(7) lets the City require removal of any approved encroachment at the owner's expense on 30 days' notice, and an obstruction lacking approval altogether is not authorized to remain in the right-of-way at all.

Frequently Asked Questions

Can I put a fence or planter in the Allentown right-of-way?
Yes, if the Bureau of Building Safety and Standards approves it under Section 545-42.B; the fence or planter cannot extend more than one-third of the sidewalk width from your property line and must leave at least five feet of clear sidewalk.
Who has to approve my encroachment application?
Section 545-42.B(3) requires sign-off from designees of the Bureau of Engineering, the Bureau of Code Enforcement, and the Bureau of Traffic Planning and Control before an encroachment is approved.
Can the City make me remove an approved encroachment later?
Yes. Section 545-42.B(7) reserves the City's right to require removal of any approved permanent obstruction at the owner's expense, without compensation, upon 30 days' written notice.

Sources & Official References

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