Brooklyn Park, MN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit needed for
- Any object placed in the right-of-way
- Excavation permit
- Separate permit to dig/disturb the right-of-way
- Verbal extension limit
- 48 hours, granted by the Director
- Routine-maintenance exception
- Under 8 hours, no excavation
- Appeal path
- Written request to City Council, § 102.50
- Default penalty
- Misdemeanor under § 10.99(A)
Summary
In the City of Brooklyn Park, placing any tangible object, such as a fence, retaining wall, planter or temporary structure, in a public right-of-way counts as an obstruction and requires an obstruction permit from the city before it goes in. Excavating the right-of-way needs a separate excavation permit. Both are administered under Chapter 102.
OBSTRUCT. ... To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. OBSTRUCTION PERMIT. The permit which, pursuant to this subchapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein, including a blanket permit for a period of time and for types of work specified by the Director, if deemed appropriate in his or her discretion. ... § 102.28 PERMIT REQUIREMENT. (A) Permit required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the city to do so.
Full Breakdown
22 defines OBSTRUCT broadly as placing any tangible object in a right-of-way so as to hinder free and open passage over it, and an OBSTRUCTION PERMIT as the permit that must be obtained before a person may do that, for the duration stated in the permit. 28(A) makes the requirement operative: except as otherwise provided in the code, no person may obstruct or excavate any right-of-way without first getting the appropriate right-of-way permit from the city. 28(A)(2). 28(B). Delay penalties for unreasonable delays in excavation, obstruction, patching or restoration are set by City Council resolution under Minn.
1000, Subp. 28(C), though force majeure delays such as inclement weather are excused. 28(D). 28(E). 41, and must then reimburse the city's restoration and collection costs. 50.
Violations & Fines
The code's general penalty provision, § 10.99(A), makes any code violation for which another penalty is not specifically stated a misdemeanor, punishable by up to 90 days, a $1,000 fine, or both, and Chapter 102 sets no separate penalty of its own for unpermitted obstruction. Beyond that, a permittee who breaches permit conditions faces written notice, a cure period, and permit revocation under § 102.41(B) and (C), plus reimbursement of the city's restoration costs, collection costs and reasonable attorneys' fees under § 102.41(D).
Frequently Asked Questions
Do I need a permit to put a fence or planter in the Brooklyn Park right-of-way?
Can I get more time on a right-of-way permit that is about to expire?
What happens if my right-of-way permit is revoked?
Can I appeal a denied or revoked right-of-way permit?
Sources & Official References
Other rules in Brooklyn Park
Compare Brooklyn Park to another location·View the Minnesota sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Encroachment Permits in Nearby Cities
How other cities in Hennepin County handle encroachment permits.