Des Moines, IA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Issuing authority
- City engineer, Des Moines
- Areaway permit renewal
- Annually, every April 1
- Max sidewalk coverage
- 25% of sidewalk width
- Min clear path required
- Six feet at all times
- Unlicensed encroachment
- Immediate removal required
Summary
Des Moines requires a written license from the city engineer before anyone builds, uses, or maintains a private encroachment, like a canopy, planter, or trash enclosure, on a public sidewalk, street, or alley right-of-way.
Except as provided in subsection 102-610(d) of this article, no person shall construct, use or maintain any temporary or removeable encroachment not provided for in subsection 102-602 under, in, upon or over the surface of any public property, unless and until a written license is obtained from the city pursuant to this article. No such license shall be required for any encroachment exempted pursuant to section 102-604 of this article.
(C42, § 82-1; C54, § 54-37; O.5995; C62, § 54-37; O.7930. 7983, 8086; C75, § 23-33; O.9500; C79, § 23-33; O.10,411; C79, § 23-32; O.10,482; C85, § 23-32; O.11,583; C91, § 23-32; O.15,883)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 38 Update 1).
Full Breakdown
The license comes from the city engineer under Municipal Code § 102-605 and covers temporary or removable encroachments not otherwise exempt, awnings, newsracks, trash containers, bike racks, planters over eight square feet, and vehicle impact protection devices. Areaway permits for these items renew annually on April 1. Under § 102-607, no licensed encroachment may occupy more than 25 percent of a sidewalk's width, and a six-foot clear path must remain at all times. Permanent encroachments, steps, footings, balcony overhangs, can't be licensed at all; they require vacating the right-of-way and buying a permanent easement instead.
Violations & Fines
An unlicensed or expired encroachment must be removed immediately; the department director can order removal on three days' notice, or without notice if it's a safety hazard. Every unlicensed encroachment is also a public nuisance under Chapter 42, Article VI.
Frequently Asked Questions
Do small planters on the sidewalk need a license?
Can I get a permanent license for a building overhang into the sidewalk?
Sources & Official References
Other rules in Des Moines
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