Everett, MA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Everett City Council (Section 17-15(b))
- Covered items
- Sign, awning, canopy or other structure over the public way
- Exception
- Banners hanging on a building
- Council powers
- Fix fees, make rules, prescribe penalties
- Cellar openings
- Council license and bond (Section 17-10)
- Gasoline pumps
- No sidewalk permit or license granted (Section 17-8)
Summary
In the City of Everett, Massachusetts, Section 17-15 of the Revised Ordinances requires a permit from the city before any sign, awning, canopy or other structure projects into or over the public way, except banners hanging on a building. The Everett City Council issues the permits and fixes the fees.
In accordance with M.G.L. Chapter 85, Sections 8 and 9: (a) With the exception of banners hanging on a building, no person shall place or maintain any sign, awning, canopy or other structure projecting into or over the public way without first obtaining a permit to project on or over the public way from the city; (b) The city council, as the municipal board having charge of the laying out of public ways in the city, shall be responsible for issuing such permits; and (c) As the licensing/permitting authority for such permits, the city council may: (1) Fix the fees for the issuance of such permits; (2) Make rules and regulations relating to the issuing and maintaining of such permits; and (3) Prescribe the penalties for any breach of said rules and regulations.
Full Breakdown
Chapter 17 of the Revised Ordinances of the City of Everett, Middlesex County, Massachusetts, treats the public way as city property that private structures enter only with permission. The lead rule is Section 17-15, adopted in accordance with M.G.L. Chapter 85, Sections 8 and 9. With the exception of banners hanging on a building, no person shall place or maintain any sign, awning, canopy or other structure projecting into or over the public way without first obtaining a permit to project on or over the public way from the city.
The issuing body is the Everett City Council, described in subsection (b) as the municipal board having charge of the laying out of public ways in the city. As the licensing and permitting authority, the council can fix the fees, make rules and regulations for issuing and maintaining the permits, and prescribe penalties for any breach of those rules. The fee amounts are not printed in the section, so they come from the council's own rules.
Other encroachments in the same chapter have their own approvals. Section 17-10 requires a license from the city council, and a bond in a sum the council prescribes, to erect or maintain a passageway or other opening to any cellar, basement or other structure in or upon a public way. Section 17-11 requires such openings to be covered with a platform or grate or guarded by a sufficient railing on both sides and well lighted at night. Section 17-13 requires a permit from the city services commission, plus a bond, to raise or lower merchandise over a public way from the second or any higher story. Section 17-15.5 requires a council license, fire chief approval and a bond for a protective barrier or grate on a window or entrance. Section 17-16 requires a council license and bond to move a building in a public way.
Two encroachments are barred outright. Section 17-8 says no permit or license shall be granted for a gasoline pump in the sidewalk, and Section 17-9 says no gate or door of adjoining premises shall swing on, over or into a public way.
Violations & Fines
Section 17-15 leaves penalties to the city council, which can prescribe them for any breach of its permit rules. Where no specific penalty is set, the general penalty in Section 1-8 applies: not to exceed $300.00 per offense, with each day a separate violation. Under Section 17-7(a)(1), an encroachment left in place after notice can be removed by the city services commission at the owner's expense.
Frequently Asked Questions
Do I need a permit for an awning over the sidewalk in Everett, Massachusetts?
Who sets the fee for an encroachment permit in Everett?
What approval does a basement or cellar opening in the sidewalk need?
Can a gate or door swing out over the sidewalk in Everett?
Sources & Official References
Other rules in Everett
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Encroachment Permits in Nearby Cities
How other cities in this county handle encroachment permits.