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De Pere, WI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

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 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?
The development services director, or the city manager or assistant city manager if the director is unavailable, under § 106-6(b)(1)a. The city attorney then drafts the actual permit document, and the planning director signs it on the city's behalf once the applicant has executed it.
What has to be in a De Pere encroachment permit application?
A written request describing the location and purpose of the encroachment and how long it will last, ideally with a scaled map attached, plus proof of liability insurance in limits the city attorney approves that names the city as an additional insured, per § 106-6(b)(1)b-c.
Can a denied encroachment permit be appealed in De Pere?
Yes. Under § 106-6(e), an applicant has ten days from the written denial to appeal to the board of public works, which must hold a hearing and issue a written decision within 20 days; that decision is final subject to judicial review under Wis. Stat. § 68.13.

Sources & Official References

Other rules in De Pere

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