Conway, AR Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Chapter 8.76, Franchise for Rights-of-Way, adopted by Ordinance No. O-99-101, lets the City Council grant a franchise to a private entity to use public right-of-way only upon a finding of extreme emergency, an existing need, or a public interest, and only if the chapter's procedures are followed. Section 8.76.02 spells out those procedures: the applicant must submit copies of completed application forms and drawings showing the location, size and nature of the proposed encroachment into the public right-of-way, along with any other required documents, to the appropriate city department at least seven days before the Council meeting at which the franchise will be considered.

An application fee of $75.00 is due at the time of filing. City departments then receive copies to review and respond. A franchise can only take effect through a separate ordinance passed by the Council, and the Council may attach conditions that must be met, and acknowledged in writing, before the franchise becomes effective; the Council may also impose one-time or recurring additional fees at its discretion. Section 8.76.03 requires a building permit before any construction under the franchise, noting that normal lot-line setbacks cannot be applied since the franchise itself fixes the allowed location.

Section 8.76.04 disclaims all city maintenance responsibility for the permitted encroachment and requires the applicant to indemnify and hold the city harmless for injury or damage arising from the placement. Section 8.76.05 lets the city order removal of permitted items at the franchisee's own expense for a public improvement project or if the item becomes a public nuisance.