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Coeur d'Alene, ID Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Issuing official
City Engineer or the Engineer's designee
Covered work
Street work, surface obstructions, changes to surface or grade
Listed improvements
Bicycle racks, curbs, gutters, sidewalks, driveways, utilities
Fee
Set by City Council resolution and policy; covers inspection
Liability period
Twelve months after completion
Utility agreements
Annual, approved by City Council

Summary

In the City of Coeur d'Alene, building street work in a public right of way, placing an obstruction on its surface, or changing its surface or grade requires an encroachment permit from the City Engineer or the Engineer's designee. Bicycle racks, curbs, gutters, sidewalks, driveways and utilities all count.

A. It is unlawful to construct any street work in any public right of way in the City; to place any obstruction upon the surface thereof or to change the surface or grade of any such right of way without first obtaining an encroachment permit from the City Engineer or Engineer's designee, and completing such work in the manner required by the permit, and to standards and design and construction adopted by the City. Improvements with public rights of way shall include, but not necessarily be limited to, the following: bicycle racks, curbs, gutters, sidewalks, driveways, and utilities. Subdivisions shall be deemed to fall within the requirements of this Section. B. The City Council may approve annual encroachment permit agreements with utility companies having existing franchise agreements with the City or regulated by the Idaho Public Utilities Commission.

Full Breakdown

Chapter 12.44 opens with a council finding that appropriate controls are required for improvements within public rights of way. Section 12.44.020A then makes it unlawful to construct any street work in a public right of way, place any obstruction on its surface, or change its surface or grade without first obtaining an encroachment permit and completing the work in the manner the permit requires and to the standards adopted by the City. The listed improvements include bicycle racks, curbs, gutters, sidewalks, driveways and utilities, and subdivisions fall within the requirement. Under section 12.44.020B the City Council can approve annual encroachment permit agreements with utility companies that hold franchise agreements or are regulated by the Idaho Public Utilities Commission.

Section 12.44.030 requires a written application to the City Engineer or the Engineer's designee stating the applicant's name, address and principal place of business, the name, address and telephone number of the person in responsible charge, the location and dimensions of the installation, the purpose of the facility, and the approximate time needed to finish the work and remove waste material and debris. The City Engineer can grant an extension of time for good and sufficient cause. Section 12.44.040 charges a permit fee to cover issuance and inspection, according to a schedule adopted by resolution and policy of the City Council, and subjects poles and anchors for power, telephone and similar surface installations to franchises or joint power agreements.

By accepting the permit the applicant agrees to hold the City, the City Council and city officers and employees free and harmless from damage or injury arising from the work, and stays liable for the setting of improvements until twelve months after completion (12.44.050). An application approved and signed by the City Engineer or designee is the permit, and it must state a time limit to start the work and a time limit to finish it (12.44.060). Tree work that will impair use of a sidewalk, street or alley triggers this same permit under section 12.36.300C.

Violations & Fines

Section 12.44.020A declares work without the permit unlawful. Section 1.28.010 makes violating a city ordinance a misdemeanor unless an infraction penalty applies: a fine of not more than $1,000, imprisonment not to exceed 180 days, or both, and each day is a separate offense. Infraction violations carry $100 unless another penalty is specified. An approved permit can be voided or revoked for noncompliance under related chapters, so finish inside the time limits stated on it.

Frequently Asked Questions

Do I need an encroachment permit to build a new driveway apron in Coeur d'Alene?
Yes. Section 12.44.020A lists driveways, curbs, gutters and sidewalks among the improvements within public rights of way that require an encroachment permit from the City Engineer or the Engineer's designee. The work must be completed in the manner the permit requires and to the design and construction standards adopted by the City.
What does the permit application have to include?
Section 12.44.030 requires a written application with the applicant's name, address and principal place of business, the name, address and telephone number of the person in responsible charge of the work, the location and dimensions of the installation, the purpose of the facility, and the approximate time needed to finish the work and remove waste material and debris.
How much does an encroachment permit cost?
The code prints no dollar amount. Section 12.44.040 charges a permit fee based on the application, covering issuance and the City's cost of inspecting the work, according to a schedule of charges adopted by resolution and policy of the City Council. Ask the City Engineer's office for the current schedule.
Who is responsible if the work damages someone's property?
The applicant. Section 12.44.050 deems the applicant, by accepting the permit, to agree to hold the City, the City Council and city officers and employees free and harmless from damage or injury to any person or property arising from the work, and to be liable for the setting of improvements covered by the permit until twelve months after completion.

Sources & Official References

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