De Pere, WI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit type
- Revocable occupancy permit
- Apply to
- Development services director
- Application requirement
- Scaled map required
- State law link
- Must comply with Wis. Stat. § 66.0425
- Appeal deadline
- 10 days to board of public works
Summary
Placing anything in De Pere's street right-of-way that is not already covered by another city permit requires a revocable occupancy permit from the development services director under § 106-6(b). Requests need a scaled map, liability insurance and compliance with Wis. Stat. § 66.0425.
(1)General requirements. Permission for encroachment or obstruction of city right-of-way or other non-park city or redevelopment authority owned property (herein, city-owned property), other than as allowed or permitted under other sections of this Code, shall be by revocable occupancy permit as provided in this section.a.Request for a revocable occupancy permit shall be in writing and made to the development services director, or in the director's absence, the city manager/assistant city manager (director).b.Each request shall describe the location of the encroachment/obstruction, the purpose of the encroachment/obstruction and the length of time it is expected to last. A map (scaled preferred) shall accompany the request.c.Each requestor shall provide proof of liability insurance in such limits as approved by the city attorney, which policy of insurance shall name the city and, if applicable, the redevelopment authority of the city as an additional insured thereunder for the purposes of the activity allowed in the permit.d.Revocable occupancy permits for encroachments/obstructions on right-of-way shall comply with Wis. Stats. § 66.0425.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 9).
Full Breakdown
De Pere Code of Ordinances § 106-6(b)(1) requires anyone who wants to encroach on or obstruct city right-of-way, or other city or redevelopment authority property that is not park land, to obtain a revocable occupancy permit, unless the use is already allowed under some other section of the code. The written request goes to the development services director, or to the city manager or assistant city manager if the director is unavailable, and it must describe the location and purpose of the encroachment and how long it is expected to last, with a scaled map attached whenever possible.
Every requestor must also carry liability insurance in limits the city attorney approves, naming the city, and the redevelopment authority when it applies, as an additional insured on the policy. Permits for right-of-way encroachments specifically must comply with Wis. 0425, the state statute governing municipal regulation of highways and streets. The director reviews each request for compliance with state, federal and local transportation and accessibility rules and for safety concerns; once approved, the city attorney drafts the permit with any conditions the director requires or that state or federal law demands, and the planning director executes it on the city's behalf after the applicant signs.
Permits can be renewed administratively as long as the holder keeps meeting the permit's requirements. Two specific encroachment types get their own added rules under subsection (b)(2): news boxes, capped at 52 by 34 by 20 inches with minimum clearances from curbs, driveways and crosswalks, and sidewalk cafes. If a request is denied, the applicant or an interested party can appeal to the board of public works within ten days, and the board must hold a hearing and issue a written decision within 20 days after that.
Violations & Fines
Encroaching on or obstructing city right-of-way or other non-park city property without a revocable occupancy permit, or without the liability insurance and city-attorney-approved conditions the permit requires, violates § 106-6(b). A permit can be revoked without a hearing if the holder breaks its own terms, and the general chapter penalty under § 106-7 applies to any other violation of the encroachment rules.
Frequently Asked Questions
Who approves a right-of-way encroachment permit in De Pere?
What has to be in a De Pere encroachment permit application?
Can a denied encroachment permit be appealed in De Pere?
Sources & Official References
Other rules in De Pere
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Encroachment Permits in Nearby Cities
How other cities in Brown County handle encroachment permits.