Ashwaubenon, WI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit authority
- Director of Public Works ('the Department'), § 19-2-77
- Registration
- Required before any right-of-way construction, repair, or excavation
- Bond & insurance
- Repair bond and liability insurance required (§ 19-2-81(A))
- Permit fee
- Cost-recovery: admin cost plus degradation fee (§ 19-2-82)
- Unpermitted work penalty
- Double all fees plus damage deposit (§ 19-2-90(B))
- Emergency work
- Permit application due within 2 business days (§ 19-2-90(A))
Summary
Anyone digging, placing facilities, or otherwise using the Village right-of-way in Ashwaubenon must register with the Department of Public Works and obtain an excavation permit under Village Code §§ 19-2-77 and 19-2-80 before starting work. The scheme covers utilities, contractors, and other right-of-way users, requires a repair bond and liability insurance, and doubles every fee owed if work starts without one.
(A) Registration. Each service, utility service or Right-of-Way user who occupies, uses, or seeks to occupy or use, the Right-of-Way or any facilities in the Right-of-Way, including by lease, sublease or assignment, or who has, or seeks to have, facilities located in any Right-of-Way shall register with the Department and pay the fee set forth in Section 19-2-79. ... (A) Excavation Permit Required. Except as otherwise provided in this Chapter or other Chapters of the Village Code, no person shall excavate any Right-of-Way or place facilities in a Right-of-Way without first having obtained an excavation permit from the Department.
Full Breakdown
The Department, defined in § 19-2-75(C) as the Village's Director of Public Works or designee, administers every right-of-way permit in Ashwaubenon. Before any construction, installation, repair, removal, or relocation work touches Village right-of-way, § 19-2-77(A) requires the person or utility doing the work to register and pay the registration fee set under § 19-2-79, and § 19-2-77(B) bars any work on right-of-way facilities by an unregistered party. Section 19-2-77(C) carves out one exception: people planting or maintaining the tree lawn, building a sidewalk, or installing a street sign under a separate Village ordinance do not need this chapter's permit.
Once registered, § 19-2-80(A) requires a separate excavation permit before excavating the right-of-way or placing facilities in it, and § 19-2-81 conditions that permit on a completed application, proof of financial capability, a PSCW certificate where applicable, liability insurance, and a repair bond under § 19-2-81(A)(6). The permit must stay posted at the job site for Department inspection under § 19-2-80(C). Fees are cost-recovery only: § 19-2-82 sets an administrative fee based on average per-permit labor and indirect costs plus a degradation fee tied to the street's depreciated value and patch area, and the Village and its own contractors pay neither fee under § 19-2-82(B).
The Department can deny, suspend, or revoke a permit on grounds listed in § 19-2-89, including an incomplete application, unfixed bonds or insurance, work that interferes with a scheduled Village event, or a proposal contrary to public health or safety. Emergency work may proceed immediately, but § 19-2-90(A) requires the registrant to apply for the permit and pay the fees within two business days afterward.
Violations & Fines
Excavating or occupying Village right-of-way without registering and obtaining a permit first triggers § 19-2-90(B): the violator must still register, apply retroactively, pay double the normal permit fee and double every other fee the chapter requires, and deposit funds to cover right-of-way damage. A denied follow-up permit means the facilities must be abandoned. The Village's general penalty in § 1-1-13 also applies: forfeitures run $1 to $5,000 per offense, with up to 90 days in jail in default.
Frequently Asked Questions
Do I need a permit to dig in the Ashwaubenon right-of-way?
What happens if I excavate without a permit?
How much does an Ashwaubenon excavation permit cost?
Can the Village revoke my permit?
Sources & Official References
Other rules in Ashwaubenon
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Encroachment Permits in Nearby Cities
How other cities in Brown County handle encroachment permits.