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Charlottesville, VA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permitting authority
City Traffic Engineer or City Manager
Daily fee
$5 per parking space, sidewalk, or ROW segment
Standard duration cap
48 hours
Extension
longer period for adjacent construction
Required insurance
public liability naming city as additional insured
Appeal path
§ 15-4(e)(2) for closures over 30 days

Summary

Private, non-public use of a Charlottesville street, sidewalk or on-street parking space, from a dumpster to a construction staging area, needs a temporary-use permit from the city traffic engineer or city manager under City Code § 28-5. Fees run $5 per day for each space, sidewalk, or right-of-way segment used, and use is capped at 48 hours unless tied to adjacent construction.

The city traffic engineer or city manager may permit the temporary use of any city right-of-way (including any street, on-street parking space(s), or sidewalk) for other than public purposes, and may close the rights-of-way to public use and travel during such temporary use, for a specified period of time, when they determine that such temporary closing will not be unduly injurious to the safety and convenience of the general public ... Temporary use of public rights-of-way for other than public purposes shall be limited to a period of forty-eight (48) hours; however, where an application seeks such temporary use in connection with construction activities on property adjacent to the right-of-way, the city traffic engineer may authorize the temporary use of a public right-of-way under this section for a longer period of time ... Five dollars ($5.00) per on-street parking space utilized; and ... Five dollars ($5.00) per sidewalk utilized; and ... Five dollars ($5.00) per city right-of-way utilized

Full Breakdown

Section 28-5 lets the city traffic engineer or city manager permit the temporary use of any city right-of-way, including a street, on-street parking space, or sidewalk, for purposes other than public ones, and to close that right-of-way to public travel while the private use is underway. The permit issues only after a finding that the closing won't unduly injure public safety and convenience, that the closing is necessary because the activity will impede traffic or pedestrian travel, and that any state-highway extension being closed can still be adequately detoured.

Conditions attach automatically: no advertising may be displayed on the closed right-of-way, the permittee must carry public liability and property damage insurance naming the city as an additional insured, in amounts the city manager sets, and the permittee is liable for any damage to persons or property from the use. Every object placed in the right-of-way, including equipment, vehicles, scaffolding, trailers and containers, must be specifically listed in the permit. Ordinary temporary use is capped at 48 hours, but the traffic engineer may authorize a longer period for a use tied to construction activity on adjacent property.

Applications go in writing to the city traffic engineer, and approved permits carry daily fees of $5 per on-street parking space used, $5 per sidewalk used, and $5 per right-of-way segment used, on top of any separate building-permit fee for erecting a temporary structure. A city traffic engineer's decision authorizing a closing longer than 30 days can be appealed by a city resident or business owner under the procedure in § 15-4(e)(2), and any permit can be revoked for noncompliance with its conditions.

Violations & Fines

Using a Charlottesville right-of-way for a private, non-public purpose, such as staging a dumpster, scaffolding, or storage container in a sidewalk or street space, without the § 28-5 permit exposes the user to permit revocation and liability for any resulting damage under the section. A related obstruction without any permit can additionally be charged under § 28-12, which allows every hour of an unpermitted obstruction to be treated as a separate offense at the judge's discretion.

Frequently Asked Questions

Do I need a permit to put a dumpster or storage container in the street or on a Charlottesville sidewalk?
Yes. Any temporary use of a city right-of-way, including a street, sidewalk, or on-street parking space, for something other than a public purpose requires a permit from the city traffic engineer or city manager under § 28-5, along with listing every object placed there and carrying liability insurance naming the city.
How long can a private right-of-way permit last?
Ordinary temporary use permits are capped at 48 hours under § 28-5(a)(5), though the city traffic engineer can authorize a longer period when the use is connected to construction activity on the adjacent property.
What does a right-of-way use permit cost?
Section 28-5(b) sets a daily fee of $5 for each on-street parking space used, $5 for each sidewalk used, and $5 for each right-of-way segment used, in addition to any fee required to permit a temporary structure under the building code.

Sources & Official References

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