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Bethlehem, PA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit issuer
Director of Public Works
Base permit fee
$100.00
Container/dumpster fee
$50.00
Sign permit fee
$50.00
Filing window
5 to 60 days before activity
Eligibility
Abutting owner or 60-day lessee only
Insurance required
$1,000,000 liability, City as insured

Summary

Placing a structure, fixture or non-vending activity on a Bethlehem street, sidewalk, lane, alley or right-of-way requires a Department of Public Works permit and a $100 fee, and it can only go to the abutting property owner or a qualifying long-term lessee.

Except as otherwise provided in this Article, all persons wishing to conduct non-vending activities or place temporary or permanent structures upon the streets, sidewalks, lanes, alleys, pavements, footways, or rights-of-way, or place any temporary or permanent fixtures upon any poles or other structures located within the streets, sidewalks, lanes, alleys, pavements, footways, or rights-of-way, shall make application to the Director of Public Works for a permit to conduct such activities or to place or affix such structures, which permit shall be issued upon the payment of a One Hundred Dollar ($100.00) fee, where applicable, and compliance with the regulations established by the Director.

Full Breakdown

Codified Ordinances Section 721.08 covers non-vending encroachments into the public right-of-way: anyone wanting to conduct a non-vending activity or place a temporary or permanent structure on a street, sidewalk, lane, alley, pavement, footway or right-of-way, or to affix a fixture to a pole or other structure there, must apply to the Director of Public Works for a permit. The base fee is $100.00 where applicable. The written application must describe the activity, detail the location, dimensions and construction type of any structure, and provide a Certificate of Insurance from a company acceptable to the Director naming the City as additional insured for $1,000,000 in liability coverage.

Applications must be filed at least 5 days but no more than 60 days before the activity starts, and a permit is granted only to a person holding legal title to land directly abutting the right-of-way area, or a lessee under a lease signed at least 60 days before the application. The section carves out lower, use-specific fees for particular encroachments: $50.00 for temporary containers, dumpsters, building supplies or construction equipment (filed 24 hours to 30 days ahead and cleared by the Traffic Bureau of the Police Department), $50.00 for temporary signs (cleared by the Zoning Officer), and $40.00 to $100.00 for banners depending on placement. Permit issuance under this section does not override other City ordinances such as Health and Fire Code requirements.

Violations & Fines

Section 721.08(H) makes it unlawful for anyone other than the legal title owner, lessee, or a licensed or permitted holder to conduct these activities, and bars conducting any covered activity without the required permit. Violations are punished under Section 721.99: a fine of not more than $300.00 per separate violation plus costs, or up to 90 days imprisonment if unpaid, with each day of continued unpermitted encroachment after notice counting as a separate violation.

Frequently Asked Questions

Who can get a right-of-way encroachment permit in Bethlehem?
Only a person with legal title to land directly abutting the right-of-way to be used, or a lessee of that abutting land under a lease entered into at least 60 days before the application, per Section 721.08(B)(V).
How much does an encroachment permit cost?
The general fee under Section 721.08(A) is $100.00. Specific uses carry different fees: $50.00 for containers, dumpsters or construction equipment, $50.00 for temporary signs, and $40.00 to $100.00 for banners depending on where they are mounted.
What insurance does the City require for an encroachment permit?
Section 721.08(B)(III) requires a Certificate of Insurance from a company acceptable to the Director of Public Works providing $1,000,000 in liability coverage and naming the City of Bethlehem as an additional insured.

Sources & Official References

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