Detroit, MI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Approving body
- City Council, by resolution
- Issuing office
- DPW Director
- Required review
- DPW and Planning Dept. reports
- Permit status
- Revocable at Council's will
- Pre-1965 encroachments
- $1,000,000 surety bond required
Summary
Detroit requires a City Council-approved permit before anyone can build or place a structure that encroaches into a street, alley, or public easement, issued through the Department of Public Works.
The Director of the Department of Public Works may issue a permit for temporary encroachment in a street, alley, or public easement after receiving the approval of the City Council through adoption of a resolution. The City Council shall only approve an encroachment after receiving a report from the Department of Public Works and the Planning and Development Department. The City Council may attach conditions to its approval that will protect the health, welfare, and safety of the community. Any permit issued under this section shall be revocable at the will, whim, and caprice of the City Council.
(Code 1964, § 58-2-8.1; Code 1984, § 50-2-20)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 4).
Full Breakdown
Under Detroit City Code § 43-8-23, only the City Council can authorize a street, alley, or public-easement encroachment, acting on a joint report from the Department of Public Works and the Planning and Development Department; the DPW Director then issues the actual permit. The Council may attach conditions to protect health, welfare, and safety, and the permit is revocable 'at the will, whim, and caprice' of the Council, so there is no vested right to keep it once granted. Encroachments authorized before January 1, 1965 instead require the owner to carry a $1,000,000 surety bond or liability policy under § 43-8-22.
Violations & Fines
Encroaching without City Council approval is a misdemeanor under § 43-8-1, punishable by up to a $500 fine and 90 days in jail per violation, with each day the encroachment continues counted as a separate offense.
Frequently Asked Questions
Can I get a permanent encroachment permit in Detroit?
What happens if I build into the right-of-way without a permit?
Sources & Official References
Other rules in Detroit
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Encroachment Permits in Nearby Cities
How other cities in Wayne County handle encroachment permits.