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Columbia, SC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing section
Code § 11-71(a)-(b)
Standard insurance minimum
$300,000/$600,000 per policy
No-protective-policy minimum
$1,000,000/$2,000,000
Bond alternative
$4,000,000 surety bond
Cancellation notice required
30 days
Continuing encroachments
Require council ordinance

Summary

Anyone excavating, encroaching on, or temporarily using a Columbia street, easement, or public right-of-way must obtain a permit first under Section 11-71(a), and must indemnify the city against claims arising from the work. Permittees also must carry specific liability insurance, or post a bond instead, before the city will issue the permit.

Any person who proposes to perform any activity which requires excavation, encroachment, the possibility of encroachment, or temporary use or disruption of any street, easement, public right-of-way or other property owned by or under the control of the city shall be required to obtain a permit before conducting such activity. As a condition for the issuance of such permit, the permittee shall be required to indemnify the city and its agents and employees from and against all claims, damages, losses and expenses, including attorneys' fees, arising out of or resulting from the permitted activity, whether such activity is conducted by the permittee or its agents, employees, contractors or subcontractors, and to comply with the requirements of subsection (b) of this section.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 35).

Full Breakdown

Section 11-71(a) requires a permit before any excavation, encroachment, possible encroachment, or temporary use or disruption of a street, easement, public right-of-way, or other city-controlled property, and conditions the permit on the applicant indemnifying the city and its agents and employees from claims, damages, losses and expenses, including attorneys' fees, arising from the permitted activity. 00 aggregate naming the city as an additional insured, plus a separate general liability policy at the same minimums naming the contractor and the city. 00 approved by the city attorney.

Every policy must give the city 30 days' written notice before cancellation, termination or modification, and the city manager can require additional coverage if the proposed activity poses an unusual hazard. 00 in continuous general liability coverage naming the city as an additional insured.

Violations & Fines

Performing excavation, encroachment, or temporary right-of-way use without the Section 11-71(a) permit and its required indemnification and insurance (or the $4,000,000.00 surety bond alternative) leaves the operator without the city's authorization for the work and exposes it to full liability for any resulting claims, since the code's insurance requirements supersede other provisions of the code.

Frequently Asked Questions

Do I need a permit to dig or place something in a Columbia street or sidewalk?
Yes. Section 11-71(a) requires a permit before any excavation, encroachment, or temporary use or disruption of a street, easement, right-of-way, or other property under city control, and makes the permittee indemnify the city for claims arising from the work.
What insurance does an encroachment permit require?
Section 11-71(b) generally requires an owner's and contractor's protective liability policy plus a general liability policy, each with at least $300,000.00 per-occurrence and $600,000.00 aggregate limits naming the city as an additional insured, unless the applicant chooses a higher single policy or a surety bond instead.
Can I post a bond instead of buying insurance for right-of-way work?
Yes. Section 11-71(b)(3) lets an applicant skip proof of liability insurance entirely by filing an indemnity surety bond of at least $4,000,000.00, approved as to surety and form by the city attorney, in lieu of the insurance otherwise required.
What if my encroachment is permanent, not just for construction?
Section 11-71(d) requires continuing encroachments into, over, or under city streets, rights-of-way, or other controlled property to be authorized by an ordinance duly enacted by city council, with insurance and indemnification terms set out in that specific authorizing ordinance.

Sources & Official References

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