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Cleveland, OH Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Standard permit fee
$100.00
Banner-on-pole permit fee
$10.00 per pole
Banner-across-ROW fee
No fee
Issuing office
Commissioner of Assessments and Licenses
Permit status
Revocable anytime by Council

Summary

Cleveland requires a permit for any building projection or structure that encroaches beyond the street or alley line into public property, including sidewalks. The Commissioner of Assessments and Licenses charges $100 for most encroachment permits, with a reduced $10-per-pole fee for banners on utility poles.

(a) No part of any building or other structure erected and no addition to any existing building or other structure shall be constructed so as to encroach upon public property or project beyond the street or alley line or setback or specific building line except as provided in this chapter, Chapter 3113 or the Zoning Code (Chapters 325 to 359)... (c) A permit shall be required for all permitted projections and encroachments beyond the building line and into required yard or court spaces which are regulated by this chapter, except that permits shall be required for retractable awnings only when located at the first story level and projecting, when open, over public property. The Commissioner of Assessments and Licenses shall charge a fee of one hundred dollars ($100.00) for a permit issued under this section, except for banners... (d) No permit to erect, alter, enlarge or maintain a projection beyond the street or alley line, or to encroach upon public property, shall constitute a permanent easement. Every such permit shall be revocable at any time by action of Council, and the City shall not be liable for any damages to the owner by reason of the revocation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-28: Current through legislation passed September 1, 2026).

Full Breakdown

01 bars any building or structure, and any addition to one, from being constructed to encroach upon public property or project beyond the street or alley line, setback, or specific building line, except as allowed under Chapter 3109, Chapter 3113, or the Zoning Code (Chapters 325 to 359). Anything that is allowed to project must be built so it can be removed at any time without leaving the building structurally unsafe. A permit is required for all permitted projections and encroachments into required yard or court spaces regulated by the chapter; retractable awnings need a permit only when at the first-story level and projecting over public property when open.

The Commissioner of Assessments and Licenses charges $100 for a standard encroachment permit. Banners are priced separately: $10 per pole to attach a banner to a utility or other pole in the right-of-way, and no fee at all to stretch a banner across the right-of-way. Critically, no encroachment permit ever creates a permanent easement, every permit is revocable at any time by action of Council, and the City is not liable to the owner for any damages caused by that revocation. All permitted projections and encroachments must be kept safe, sound, and non-hazardous, with corrodible materials protected from corrosion by painting or other approved method.

A permit is only valid while the encroachment stays in that safe condition, and the Commissioner will revoke it if unsafe conditions are not promptly corrected. Encroachments cannot interfere with public trees, street lamps, hydrants, trolley or utility poles and wires, other public installations, or any required means of egress. 09 to abate it.

Violations & Fines

Unpermitted or non-compliant encroachments are enforced under the Building Code's general penalty at § 3103.99: a violation with no specific penalty listed is a first-degree misdemeanor, and each day the noncompliance continues counts as a separate offense. Section 3109.11 (retractable awnings) is separately listed in § 3103.99(b) as a minor misdemeanor for a first offense, enforceable by citation under Ohio Criminal Rule 4.1. The Commissioner of Assessments and Licenses can also revoke any encroachment permit outright when unsafe conditions go uncorrected.

Frequently Asked Questions

Does an encroachment permit give a Cleveland property owner a permanent right to use the sidewalk?
No. Under § 3109.01(d), no encroachment permit constitutes a permanent easement. Every permit is revocable at any time by action of City Council, and the City is not liable for any damages to the owner resulting from that revocation.
How much does a Cleveland encroachment permit cost?
The Commissioner of Assessments and Licenses charges $100.00 for a standard encroachment permit under § 3109.01(c). Banner permits are priced differently: $10.00 per pole for banners attached to utility or other poles, and no fee for banners stretched across the right-of-way.
What happens if an encroachment becomes unsafe?
Section 3109.01(e)-(f) requires all projections and encroachments to stay safe, sound, and non-hazardous. The Commissioner will revoke the permit if unsafe conditions are not promptly corrected, and can act under § 3103.09 to abate the condition if the owner does not fix it within a reasonable time.
Can I put a sales display on a Cleveland sidewalk under an encroachment permit?
No. Section 3109.03(b) specifically states that sidewalks shall not be used for the display of goods, wares, or merchandise, or for other similar commercial purposes, regardless of any encroachment permit held for the property.

Sources & Official References

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