Arlington County, VA Sidewalk & Pedestrian Rules: Encroachment Permits (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.
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?
How much insurance does Arlington County require for an encroachment?
What happens if the County orders me to remove an encroachment?
Is unauthorized use of the Arlington County right-of-way a crime?
Sources & Official References
Other rules in Arlington County
Compare Arlington County to another location·View the Virginia sidewalk & pedestrian rules overview
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