Birmingham, AL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

City Code § 4-5-91 makes it unlawful "to construct, use, or cause to be constructed or used any driveway or paved sidewalk or portion of any such, or any sidewalk opening or vault, without having first obtained a written permit from the building official." Using a sidewalk opening or vault also requires an annual permit, and the number, location and size of every driveway, sidewalk and vault is "subject to the approval of and under the direction of the city engineer, city traffic engineer and the building official" under the same section. Utility conduit and pipe serving the adjacent property from the main lines is exempt under § 4-5-91(e), but any other subsurface use for utility or business purposes still needs a permit.

Section 4-5-92 requires the city engineer, traffic engineer and building official to confirm the work won't unreasonably interfere with vehicle or pedestrian traffic, on-street parking, or access to abutting property before a permit issues. Fees under § 4-5-94 run $100.00 for a new or modified paved sidewalk, sidewalk opening or vault, $150.00 for a first driveway up to 15 feet wide and $300.00 for a wider one, plus a $100.00 annual renewal for a sidewalk opening or vault of 300 cubic feet or less. Section 4-5-95 adds insurance of at least $100,000.00 per person and $1,000,000.00 per occurrence naming the city as additional insured, plus a $10,000.00 bond, before any vault or sidewalk opening permit is granted. Building without a permit first triggers a $200.00 penalty fee under § 4-5-94(b) on top of the regular permit cost.