Durham, NC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- City Code § 62-82
- Permit required for
- Paving driveway across sidewalk or curb cut
- Fee
- Set by city council
- Residential width cap
- 20 ft (25 ft double garage)
- Commercial width cap
- 30 ft; service station 35 ft
- Max approaches
- Two per street per site (§62-88)
- Variance appeal
- To city council after director denial (§62-98)
Summary
Paving a driveway across a Durham sidewalk, walkway or parkway, or cutting curb for a driveway approach, requires a permit from the city before work starts, under City Code § 62-82. The permit carries a fee set by city council, and separate width and spacing rules in the same division cap how wide and how many driveway approaches a single property can have.
Sec. 62-82. Permit for paving driveway across public way. "No person shall pave a driveway across any public sidewalk, walkway or parkway, or into any street or alley, or cut, break out or remove any curb along a street or alley for the construction of a driveway approach, unless he or she shall first have obtained a permit therefor from the city in accordance with the provisions of this division. A charge for such permit will be as prescribed by the city council."
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Durham City Code Chapter 62, Division 2 governs any private encroachment onto the public sidewalk or right-of-way for a driveway. Section 62-82 states plainly: 'No person shall pave a driveway across any public sidewalk, walkway or parkway, or into any street or alley, or cut, break out or remove any curb along a street or alley for the construction of a driveway approach, unless he or she shall first have obtained a permit therefor from the city in accordance with the provisions of this division.
' Work under that permit is not open-ended: Section 62-84 requires all driveway-approach construction to conform to the city manager's standard specifications for concrete sidewalk and driveway approaches, with the city manager supervising and inspecting the work. Section 62-85 caps width, 20 feet for a residential approach (25 feet for a double garage or multifamily driveway, or where the approach serves separate parcels), 30 feet for a commercial approach, 35 feet for a service station, and a 12-foot minimum for any approach. Section 62-88 limits a single establishment to no more than two driveway approaches on any one street.
An existing approach can't be relocated, altered or reconstructed without going back through the Section 62-82 permit process (Section 62-94), and Section 62-89 keeps new approaches at least 15 feet from an intersecting curbline and three feet from a fire hydrant. If the standard rules would create a hardship, Section 62-98 lets the director of transportation and utilities grant a variance, with a right to appeal a denial to the city council.
Violations & Fines
Section 62-82 makes it unlawful to pave a driveway across a public sidewalk, walkway or parkway, or to cut curb for a driveway approach, without first obtaining the city permit and paying the council-set fee. Section 62-94 separately requires a new Section 62-82 permit before an existing driveway approach can be relocated, altered or reconstructed, meaning even modifying a long-standing driveway crossing without repermitting is a code violation on its own.
Frequently Asked Questions
Do I need a permit to add a driveway across my Durham sidewalk?
How wide can my driveway approach be?
Can I widen or move an existing driveway approach without a new permit?
What if the permit rules cause a hardship?
Sources & Official References
Other rules in Durham
Compare Durham to another location·View the North Carolina sidewalk & pedestrian rules overview
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