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Collierville, TN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Excavation permit
Required before any cut, excavation or tunnel in the right-of-way
Issuing official
Town Engineer approves or rejects applications
Driveway across curb or sidewalk
Permit from the Town Engineer first
Encroachment notice
Fifteen day written notice before Town removal
Liability insurance (bodily injury)
Not less than $100,000 per person, $300,000 per accident
Cleared area behind fence
No more than six feet from the fence

Summary

In the Town of Collierville, no one may excavate, cut or tunnel in a right of way, street, alley or public place without a Town permit, and a driveway across a curb or sidewalk needs a permit from the Town Engineer. Placing property or building on public land draws a fifteen day written notice, removal and a lien.

It shall be unlawful for any person, firm, corporation, association, or others to make any excavation, cut, or tunnel within any right of way, street, alley, or public place without having first obtained a permit as herein required and without complying with the provisions of this subchapter. ... No one shall cut, build or maintain a driveway across a curb or sidewalk without first obtaining a permit from the Town Engineer. ... (B) No person or entity shall encroach upon any public street, public park, greenbelt trail, right-of-way, alley, boulevard, or other public property by placing or storing thereon any personal property and/or erecting thereon any building or structure. Violations of the provisions of this Subsection shall trigger the issuance of a fifteen day written notice from the Town requesting corrective action(s), after which the Town Administrator shall direct that appropriate corrective action(s) be taken upon the subject property, including, but not limited to, the removal and/or destruction of the offending encroachment.

Full Breakdown

The Collierville Code of Ordinances regulates private use of the public right-of-way through three sets of rules. Section 92.30 makes it unlawful to make any excavation, cut or tunnel within any right of way, street, alley or public place without first obtaining a permit, or to vary from the permit's terms. A person maintaining pipes, lines or other underground facilities can proceed without a permit in an emergency when the work must be done immediately, but must apply on the first regular business day the Town Engineer's office is open, and the permit is retroactive to the day work began.

Applications go to the Town Engineer under § 92.31 and state the location, size and purpose of the work, who is doing it and for whom, with an agreement to comply with all Town standards, ordinances and laws. The Town Engineer approves or rejects the application. A permit fee set by resolution of the Board of Mayor and Aldermen is paid at filing under § 92.32, performance security such as a letter of credit or cash deposit must be filed before approval under § 92.33, and § 92.36 requires insurance of not less than $100,000 for each person and $300,000 for each accident for bodily injury, and not less than $25,000 for any one accident and a $75,000 aggregate for property damage. Section 92.38 directs the Town Administrator to inspect the work, with notice at least ten hours before refilling begins.

Under § 92.39, no one may cut, build or maintain a driveway across a curb or sidewalk without first obtaining a permit from the Town Engineer, and no permit issues where the driveway would create an unreasonable hazard to pedestrian or vehicular traffic.

Section 95.08(B) covers the opposite case, a fixed encroachment. No person or entity may encroach on any public street, park, greenbelt trail, right-of-way, alley, boulevard or other public property by placing or storing personal property or erecting a building or structure there. The Town sends a fifteen day written notice, then the Town Administrator directs removal or destruction and assesses the costs against the responsible party, with unpaid assessments placed as a lien. Under § 95.08(C), a resident with a fence immediately adjacent to Town property can, at their own expense, remove vegetation within Town property no more than six feet from the fence, but removing trees with trunks of six inches or more is prohibited and nothing may be planted or built in the cleared area.

Violations & Fines

Work in the right-of-way without a permit, or outside its terms, is unlawful under § 92.30 and carries the general penalty in § 10.99: a fine of not more than $50 or the maximum amount permitted by state law, whichever is greater, for each offense, with each day separate. For fixed encroachments, § 95.08(E) makes violators guilty of a nuisance, with a fine not to exceed the maximum permitted by law, and the Town recovers removal and restoration costs by lien.

Frequently Asked Questions

Do I need a permit to dig in the street or right-of-way in Collierville?
Yes. Section 92.30 makes it unlawful to make any excavation, cut or tunnel within any right of way, street, alley or public place without first obtaining a permit. Apply to the Town Engineer with the location, size, purpose and contractor, pay the fee set by resolution, and file performance security and proof of insurance.
Can emergency utility work start before the permit is issued?
Yes, but only for a person maintaining pipes, lines or other underground facilities when emergency circumstances demand immediate work and a permit cannot reasonably be obtained beforehand. The person must apply on the first regular business day the Town Engineer's office is open, and the permit is retroactive to the day work began.
Do I need a permit for a driveway or curb cut?
Yes. Section 92.39 prohibits anyone from cutting, building or maintaining a driveway across a curb or sidewalk without first obtaining a permit from the Town Engineer. The permit is not issued when the driveway would create an unreasonable hazard to pedestrian or vehicular traffic, and driveway aprons cannot extend out into the street.
What happens if I leave a structure or stored items on Town property?
Section 95.08(B) bars placing or storing personal property or erecting a building or structure on public streets, parks, greenbelt trails, rights-of-way, alleys or boulevards. The Town issues a fifteen day written notice, then the Town Administrator directs removal and assesses labor, landfill and restoration costs, which become a lien if unpaid.

Sources & Official References

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