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Boise, ID Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit authority
Director of Public Works
Approval body
Boise City Council
Removal deadline after notice
10 days
Nuisance penalty
$10 per day plus costs
Permit rights
No property right; revocable anytime

Summary

Boise requires a Public Works permit before anyone builds, places, or maintains any private encroachment on a city street, sidewalk, or parkway.

A person seeking to encroach, obstruct or use a street, sidewalk or parkway, including the unused or unimproved portion of a street, must file an application with the Director of Public Works, who shall present the same for the approval or disapproval of the Council. The application shall include plans and specifications of sufficient clarity to indicate the nature and extent of the proposed obstruction, encroachment or use of the street, sidewalk or parkway by which to demonstrate that relevant provisions of this Code and other relevant laws, ordinances, rules, regulations and orders will be complied with, the legal description of the property abutting the street, sidewalk or parkway upon or within which such encroachment, obstruction or the use shall be or is intended to be performed, and any other additional information necessary to make a fair determination of whether to allow or permit the encroachment, obstruction or use. (1952 Code § 9-24-05) 7-3B-6: CONDITIONS OF PERMIT GRANTED: A permit granted pursuant to the provisions of section 7-3B-5 of this article shall be subject to the following conditions:

A.   Rights Limited: The person to whom a permit is given or granted shall acquire no property or contractual right in and to the street, sidewalk or parkway and such permit may be revoked whenever the Council deems it necessary as a proper police measure.

B.   Compliance: The person to whom a permit is issued shall comply with all

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-31: Code current through: Ord. 20-26, passed 6-9-2026).

Full Breakdown

Under Boise City Code, it's unlawful to cause, create, or maintain any encroachment or obstruction on a street, sidewalk, or parkway without permission. Anyone seeking to encroach, obstruct, or use the right-of-way must file an application with the Director of Public Works, who presents it to the City Council for approval or disapproval. The application must include plans and specifications showing the nature and extent of the proposed encroachment, the legal description of the abutting property, and enough detail to let the City fairly evaluate the request. Granted permits create no property right, can be revoked by the Council as a police measure, require the permittee to indemnify and insure the City, and require the permittee to restore any disturbed pavement or sidewalk at its own expense.

Violations & Fines

Unpermitted encroachments get a written removal order from Public Works; if not removed within 10 days, the City abates it as a nuisance and can charge $10 per day the encroachment remains after notice, plus costs.

Frequently Asked Questions

Can I put anything in the sidewalk or parkway without a permit?
No. Any encroachment or obstruction on a Boise street, sidewalk, or parkway requires prior permission via a Public Works application approved by City Council.
What happens if I install something without a permit?
The Director of Public Works orders it removed in writing; after 10 days it can be abated as a nuisance with a $10/day charge plus costs.

Sources & Official References

Other rules in Boise

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