Dearborn Heights, MI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Chapter 37, the Right-of-Way Management Ordinance, splits private activity in city streets, sidewalks, and easements into two permit tracks: a disruption permit under Article II for physical work that disturbs the right-of-way, and a use permit under Article III, § 37-21, for maintaining an ongoing improvement within it. Section 37-3 defines 'improvement' broadly as any appliance, conduit, facility, pipe, pole, structure, wire, cable, fiber, building, or other man-made or placed material or object, and 'right-of-way' to include streets, sidewalks, alleys, and public easements. Applicants file six copies of an application with the city engineer's office, pay a nonrefundable application fee plus a review and processing fee set by city council resolution, under § 37-22.

A use permit runs for ten years, the first year ending December 31 of the year issued, with ten-year renewals available if the permittee applies at least 120 days before expiration under § 37-24; the city engineer also reviews the fee schedule and the permittee's compliance and payment history at the end of the third and sixth years. Every permit must comply with the terms and conditions of Article V and is subject to stop-use orders or revocation under Article VI. A limited exemption exists for a person holding a valid franchise from the city, or one who has continuously used the right-of-way under a pre-1909 state grant of authority, though the claimant must document that exemption to the city's satisfaction.