Chicago requires permits for any encroachment into the public way. Chapter 10-28 and the building code Chapter 32 govern encroachments. The Chicago Department of Transportation (CDOT) issues permits for construction and excavation in the right-of-way. BACP handles public way use permits for permanent and semi-permanent encroachments.
Chicago regulates sidewalk and public way encroachments through multiple code provisions. Chapter 10-28 governs structures on and under public ways, requiring permits for any physical encroachment. The building code Chapter 32 (Encroachments Into the Public Way) sets standards for structural elements that extend into the public right-of-way. CDOT issues permits for construction-related encroachments including excavation, utility work, and temporary construction barriers through the Public Way Regulations framework. The permit fee schedule is established in Section 10-28-281.3. BACP issues public way use permits for semi-permanent items like canopies, awnings, planters, and outdoor dining setups. All encroachment permits require proof of insurance and may require traffic control plans. Encroachments that affect pedestrian or vehicular traffic require detailed routing plans. The city maintains a revocable permit system where encroachment privileges can be withdrawn. Permit holders must maintain the encroachment area in safe condition and are liable for any injuries.
Working in or encroaching upon the public way without a permit results in fines under Section 10-28-875 and 10-28-425. Fines range from $50 to $500 per offense. Unpermitted encroachments may be removed at the owner's expense, and the city may seek restitution for any damage to public infrastructure.
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