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Carver County, MN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing chapter
Code of Ordinances Ch. 93
Permit types
Excavation permit or obstruction permit
Unpermitted work penalty
Double the normal permit fee
Fee exemption
Government agencies, nonprofits (still need permit)
Appeal body
Carver County Board

Summary

In unincorporated Carver County, anyone who wants to obstruct or excavate a public right-of-way, which by definition includes county sidewalks, must first get a right-of-way permit from the county under Code of Ordinances Chapter 93. The permit sets the location, extent, and time limits for the work.

These county ordinances apply to unincorporated areas of Carver County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(A) Permit required. Except as otherwise provided in this chapter, no person may obstruct or excavate any right-of-way without first having obtained the appropriate right-of-way permit from the county to do so. (1) Specific permits. (a) Excavation permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit... (b) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-20: Supplement contains: Local legislation current through Ord. 111-2025, passed 7-25-25).

Full Breakdown

Chapter 93 defines PUBLIC RIGHT-OF-WAY to cover the area on, below, or above a public roadway, cartway, bicycle lane, or public sidewalk in which the county has an interest, and defines OBSTRUCT as placing any tangible object in that right-of-way so as to hinder free and open passage. 09 requires a specific excavation permit to dig within the right-of-way or an obstruction permit to place equipment there, and treats a small wireless facility installation the same way. A person who already holds a valid excavation permit for a project does not need a separate obstruction permit for the same work.

09(B) no one may keep excavating or obstructing past the date stated in the permit unless a supplementary application is filed before it expires and a new permit or extension is granted. 13 sets the fee structure: the excavation permit fee is set to recover the county's actual management and degradation costs, and the county may add conditions to recover unusual costs, such as assigning a police officer for traffic control. No permit is issued until the fee is paid, though government agencies and nonprofits are fee-exempt (but still must obtain the permit).

09(C), the county can also impose a delay penalty, set by County Board resolution, for unreasonable delays in completing right-of-way work, unless the delay is from weather, an act of God, or civil strife. 09(D).

Violations & Fines

Working the right-of-way without first securing the permit is a separate violation under 93.21, which requires the person to obtain a permit after the fact and pay double the normal permit fee plus double all other required fees, on top of depositing funds to cover any right-of-way damage. A substantial breach of permit terms, defined in 93.23, lets the county revoke the permit without refunding fees; a right-of-way user who is denied a permit, has one revoked, or disputes a fee can appeal in writing to the County Board under 93.31.

Frequently Asked Questions

Does a county sidewalk count as right-of-way needing a permit?
Yes. Section 93.03 defines PUBLIC RIGHT-OF-WAY to include the area on, below, or above a public sidewalk in which the county has an interest, so obstructing or excavating within a county sidewalk area triggers the Chapter 93 permit requirement.
What happens if I start work before getting the permit?
Under 93.21(B), except in an emergency, you must still get the permit afterward, but you pay double the normal permit fee, double all other required fees, and deposit money with the county to cover any damage to the right-of-way.
Can the county revoke my right-of-way permit?
Yes. Section 93.23 lets the county revoke a permit without a fee refund for a substantial breach, such as violating a material permit condition, misrepresenting facts in the application, or failing to pay required fees.

Sources & Official References

Other rules in Carver County

All Carver County rules

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