Auburn, AL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Approval needed
- City council permission required
- Design review
- Planning department must approve
- Divider height (alcohol area)
- 3 to 4 feet high
- Restoration duty
- Holder must restore right-of-way
Summary
Before any furniture, divider, or fixture can be permanently installed, affixed, or attached to an Auburn sidewalk or other public right-of-way, the city council must approve it and the planning department must sign off on the design under § 12-257. The permit holder stays responsible for restoring the right-of-way if the encroachment is ever removed.
(a)If any furniture or other property is permitted by the city council to be permanently installed, affixed, or attached to the public right-of-way or other publicly owned property, the holder of the permit shall be responsible for putting the sidewalk or other public improvements in the same condition they were in at the time the furniture or other improvements were first installed, affixed, or attached. Any furniture or other improvements are the sole responsibility of the owner at all times. All furniture and related improvements shall be approved by the planning department.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 90).
Full Breakdown
Section 12-257 of the outdoor cafe article covers permanent private encroachments on Auburn's public right-of-way, going beyond the temporary tables-and-chairs setup covered by the base outdoor cafe permit. Anything a business wants to permanently install, affix, or attach to the sidewalk or other city-owned property, such as a built-in planter, seat wall, or fixed divider, needs specific city council authorization on top of the underlying outdoor cafe permit, and the planning department must approve the design and materials before installation. The permit holder owns full responsibility for the encroaching improvement at all times, and if it is ever removed or the permit lapses, the holder must restore the sidewalk or right-of-way to the same condition it was in before the installation went in.
Where alcohol is served within the encroachment area, § 12-257(b) additionally requires a permanent or removable divider between three and four feet high, built of decorative wrought iron, tubular steel, or another durable material; wood may only be used for adornment, not as the primary material. Outdoor cafes built on city-owned property outside the right-of-way may instead use a permanent masonry divider, such as a seat wall, under three feet high, again subject to planning department approval of design and construction materials.
Violations & Fines
Installing furniture, dividers, or other fixtures permanently in the right-of-way without city council authorization and planning department design approval violates § 12-257 and, because it arises under the outdoor cafe article, exposes the responsible business to the same permit suspension and general penalty under § 1-9 that governs the rest of Article XII.
Frequently Asked Questions
Who approves a permanent sidewalk installation in Auburn's right-of-way?
Who pays to fix the sidewalk if a permanent encroachment is removed?
What kind of divider does Auburn require around an alcohol-service encroachment?
Sources & Official References
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