Asheville, NC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

City Code Sec. 16-72 makes it unlawful to erect or construct any structure upon or within any street, sidewalk, alley, square or public right-of-way of the city except as permitted under Article III, Division 2, and separately makes it unlawful for a property owner to allow a structure on their own land to encroach into the right-of-way. 'Structure' is defined broadly at Sec. 16-71 to include buildings, manufactured homes, walls, fences, billboards, poster panels, swimming pools, posts and poles, including basketball goal posts; landscaping, mailboxes, newspaper receptacles and utility poles are exempted under Sec.

16-73. For structures on unopened or untravelled rights-of-way, Sec. 16-74 requires a written encroachment agreement executed by the city manager or designee. The owner must apply in writing, describe the encroachment with a location map, and state the reason for it; the city manager weighs factors including the structure's proximity to a travelled road, neighborhood characteristics, and whether the structure would interfere with garbage collection, mail delivery, police/fire access, street cleaning, or utility lines, then issues a written decision that is final. An agreement can be terminated on 30 days' notice if the encroachment becomes a traffic or safety hazard or nuisance; if the owner doesn't remove it within 30 days of that notice, the city may remove it and recover its costs from the owner, who must also indemnify the city.

A separate agreement is required if the property is sold or a lease ends. Electric substations follow a distinct, more involved review track under Sec. 16-75 requiring 60 days' advance plans and possible city council public hearing. These provisions derive from Code 1965, § 25-17, and Ord. No. 1891 (1991), with the transfer/termination rule added by Ord. No. 2585, § 1(a), 6-22-99.