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Arlington County, VA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing law
Arlington County Code Ch. 70, § 70-1
Permit routes
County Board ordinance or Manager waiver
Required liability insurance
$2,000,000 minimum
Emergency removal notice
24 hours after written notice
Termination removal notice
At least 10 days
Canopy/awning clearance
10 feet minimum, 6 feet horizontal
Penalty
Class 4 misdemeanor, per-day offense

Summary

Arlington County bars anyone from building, maintaining or using any structure in a public street, sidewalk, alley or right-of-way without County Board consent. You need either a County Board Ordinance of Encroachment or a written County Manager determination that none is required. Unpermitted use is a Class 4 misdemeanor and a nuisance under state law.

These county ordinances apply to unincorporated areas of Arlington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A. Rationale: Streets, highways, roads, alleys, rights-of-way and real property interests dedicated to or conveyed for public use belong to the general public. No private individual or entity has a right to use public streets, highways, roads, alleys, rights-of-way and real property interests dedicated to or conveyed for public use for private purposes, or in any manner not permitted to the general public, without the consent of the County Board. Any such use constitutes the unlawful use of public property for private purposes and is a Class 4 Misdemeanor and a nuisance under state laws. The County Board is empowered to prevent, remove or require the removal of unlawful encroachments on such public streets, highways, roads, alleys, rights-of-way and property interests dedicated to or conveyed for public use. (Va. Code § 15.2 – 1800; § 15.2-2009; -2018; § 18.2-11)

Full Breakdown

Chapter 70 of the County Code treats every public street, alley, sidewalk and right-of-way as belonging to the general public, so any private structure placed in, under or over it (fences, planters, projecting signs, canopies) needs County Board authorization under § 70-1. An Owner or Applicant files for an Ordinance of Encroachment or administrative approval under § 70-3, pays a non-refundable Application Fee set by the County Board's fee schedule, and must carry general liability insurance of $2,000,000 naming the County as an additional insured, plus indemnify the County against claims arising from the encroachment.

Section 70-4 lets some features skip the full ordinance process as 'Allowed Encroachments' if a site plan or use permit already covers them: canopies and awnings, for example, must clear public utility vaults, hang from the building face with no ground supports, stay fully removable, keep at least 10 feet of vertical clearance (or more if the Building Code requires it), and extend no more than 6 feet horizontally into the space, with no permanent fixtures like heaters or sprinklers attached. 7 gives the owner only 24 hours after written notice to remove or repair the encroachment at their own cost, or the County will do it and bill the owner without liability for resulting damage.

When a license or ordinance is revoked, discontinued or found inconsistent with public health, safety, development plans or the Zoning Ordinance, the owner gets at least 10 days' written notice to remove the encroachment and restore the space, after which the County can remove it at the owner's expense.

Violations & Fines

Encroaching into a public space in violation of Chapter 70, or continuing to use one after authorization ends, is a Class 4 misdemeanor under § 70-7, punishable by the fine set by state law for misdemeanors. Each day the violation continues is a separate offense. The County Board or County Manager can also revoke a license or ordinance for noncompliance and, after the applicable notice period, remove the encroachment and bill the owner for the cost.

Frequently Asked Questions

Do I need a permit to put a canopy over the sidewalk in Arlington County?
Yes, unless it qualifies as an 'Allowed Encroachment' under § 70-4: hung from the building face, no ground supports, at least 10 feet of vertical clearance, extending no more than 6 feet into the space, with no permanent fixtures, and covered by an approved site plan or use permit.
How much insurance does Arlington County require for an encroachment?
General liability coverage of $2,000,000 under § 70-3, naming the County as an additional insured, kept in force for the full term of the license or ordinance and for one year afterward, with a certificate of insurance filed as part of the application.
What happens if the County orders me to remove an encroachment?
Under § 70-3.7 you get at least 10 days' written notice to remove it and restore the area at your own cost; in an emergency, § 70-3.6 shortens that to 24 hours. Miss the deadline and the County removes it and bills you, without liability for any damage.
Is unauthorized use of the Arlington County right-of-way a crime?
Yes. Section 70-7 makes it a Class 4 misdemeanor, punishable by the state-law fine for misdemeanors, and treats each day the encroachment continues as a separate offense.

Sources & Official References

Other rules in Arlington County

All Arlington County rules

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