Battle Creek, MI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 1020.02 of the Battle Creek Codified Ordinances governs private use of the public right-of-way in the City of Battle Creek. Subsection (a) bars anyone from excavating in, damaging, or placing any article, thing or obstruction in a street except as Chapter 1020 allows. Temporary obstructions incidental to the expeditious movement of articles and things to and from abutting premises are excluded, and so is the lawful parking of vehicles in the part of the street reserved for vehicular traffic. Chapter 1020 defines "street" as all land between the property lines on either side of streets, alleys and boulevards, including lawn extensions and sidewalks and the area reserved for them where they are not yet built, so a sidewalk or curb lawn counts as street area.

Subsection (b) lists the only encroachments the code permits above a sidewalk or within a street area. Fire escapes and similar devices qualify when the Chief Building Official or Fire Inspector decides public safety requires them. Balconies and structures with similar encroachment impact qualify. Signs qualify when they conform to Section 1296.07. Awnings qualify when no part sits less than seven feet above the sidewalk grade.

Subsection (c) sets the approval requirements that fire escapes and balconies must meet. The plans and construction must comply with the City's Building Code and other City ordinances. They must also pass review by City departments, so each department can state what it requires to protect the City's interests in right-of-way work. Finally, a license must be granted, signed by the City Manager, setting forth the terms of the encroachment agreement.

Permit mechanics sit in Section 1020.03. Permits under the chapter are requested from the Director of Public Works on the Director's forms and carry a charge from the schedule in Section 802.24, unless the City Commission sets otherwise by resolution. They are valid only for the period endorsed on them and are revocable for noncompliance. Applying is itself an agreement to repair damage and to protect and save the City harmless. A duplicate of any required liability insurance policy, approved as to form by the City Attorney, is filed with the City Clerk. Any unspent cash deposit is refunded six months after the work is complete.