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Council Bluffs, IA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing sections
CBMC §§ 10.20.010, .020, .120
Who needs a permit
Anyone doing regulated work in right-of-way
Application review time
10 working days by public works director
Permit validity
60 calendar days from issuance
No-permit surcharge
3x the established permit fee
Required before issuance
Proof of insurance, bond, indemnity agreement

Summary

In the City of Council Bluffs, anyone who wants to work in the public right-of-way for a sidewalk, driveway approach, excavation, utility connection or similar improvement must first get a permit from the Public Works Department under Council Bluffs Municipal Code § 10.20.010. Skipping the permit before starting work triples the fee: the applicant pays three times the normal permit charge under § 10.20.120.

No person, firm or corporation shall perform any regulated activity in the city right-of-way without first obtaining the appropriate permit(s) from the city to do so. ... Prior to the performance of any regulated activity in the right-of-way, the owner of the abutting property, or the person who is to perform the work, shall file an application in the office of the director of public works. This application shall contain the following information: the name of the property owner abutting the regulated activity; the street address or legal description of the parcel of land abutting the regulated activity; the name and address of the contractor or other person who is to undertake the regulated activity; ... In order to defray the cost of administering this chapter, a fee as set forth in the prevailing schedule of fees shall be charged for each permit issued. Whenever any work for which a permit is required by this chapter has been commenced without first obtaining a permit, except as provided for in CBMC 10.20.030, the applicant will pay three times the established permit fee for the proposed work.

Full Breakdown

Council Bluffs Municipal Code § 10.20.010 requires a permit before any person, firm or corporation performs a 'regulated activity' in the city right-of-way, and § 10.20.020 defines that term broadly to include cutting, removing or constructing curbing, driveway approaches, sidewalks or roadways, excavating, connecting to sanitary or storm sewers, boring, tunneling, hanging cable, grading and landscaping. To apply, the abutting property owner or the person performing the work files an application with the director of public works under § 10.20.070 that identifies the owner, the parcel, the contractor, the start date and a scale drawing of the proposed work and its relation to the right-of-way and adjacent street.

The director has ten working days to review the application under § 10.20.110, and once approved a permit is issued under § 10.20.120 for a fee set in the city's schedule of fees; a permit is valid for only sixty calendar days from issuance and work must start within that window under § 10.20.170. Before any permit issues, § 10.20.040 requires the applicant to provide proof of insurance and a bond covering the standards the director sets, and § 10.20.035 requires a signed indemnity agreement holding the city harmless from claims arising out of the work.

Emergency work needed to protect public safety may proceed without a permit under § 10.20.030, but all permits must be secured immediately once the emergency ends.

Violations & Fines

Starting regulated work in the right-of-way before securing a permit triggers § 10.20.120: the applicant must pay three times the established permit fee for the work already commenced, on top of any other penalty. Beyond that surcharge, § 10.20.180 makes any violation of Chapter 10.20 punishable under CBMC 8.02.020 as a misdemeanor, with each day of continuing violation a separate offense, or the city attorney may instead pursue it as a civil municipal infraction under CBMC 1.95.

Frequently Asked Questions

Do I need a permit to put in a new driveway approach in Council Bluffs?
Yes. Cutting, altering or constructing a driveway approach in the right-of-way is a regulated activity under CBMC § 10.20.020, so § 10.20.010 requires a permit from the public works department before work starts. You file an application under § 10.20.070 with a scale drawing showing the work's location relative to the right-of-way, and the director has ten working days to review it under § 10.20.110.
What if I already started digging before getting a permit?
CBMC § 10.20.120 penalizes exactly that: if work covered by this chapter starts before a permit is obtained, the applicant must pay three times the established permit fee for the work, in addition to any misdemeanor or municipal infraction penalty under § 10.20.180. The only exception is a genuine safety emergency under § 10.20.030, and even then permits must be secured immediately afterward.
How long is a Council Bluffs right-of-way permit good for?
A permit issued under CBMC § 10.20.120 is valid for sixty calendar days from the date it is issued, and § 10.20.170 requires the work to actually begin within that sixty-day window. The director of public works can waive that expiration for work tied to a Title 13 building permit, but otherwise the permit lapses if construction has not started.

Sources & Official References

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