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Fayetteville, NC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Encroachment agreement
Code of Ordinances § 24-5
Registration required first
§ 24-3, before any work
General liability minimum
$1,000,000 per occurrence
No-permit excavation penalty
Double the normal fee
Permit appeal window
10 days to city manager
Appeal address
433 Hay Street, Fayetteville

Summary

Anyone occupying or excavating Fayetteville's public rights-of-way for utility lines, wires, pipes or similar facilities must first register with the city and sign a right-of-way encroachment agreement, plus obtain a separate excavation permit before any digging begins.

Right-of-way users shall execute a separate right-of-way encroachment agreement with the city for use of right-of-way facilities. The right-of-way encroachment agreement applies to utilities that use or occupy the right-of-way to furnish telecommunication service, or, places, maintains or uses wires, mains, pipes, or any other facilities in the right-of-way. Fees are charged to recover the costs incurred by the city in ongoing management of the right-of-way. Ongoing management costs include, but are not limited to, inventory maintenance, facility tracking, GIS, tree trimming, grass mowing, right-of-way maintenance, location marking and general inquiries related to public right-of-way users.

Full Breakdown

Code of Ordinances § 24-5 requires right-of-way users to execute a right-of-way encroachment agreement with the City covering use of facilities that furnish telecommunications service or that place wires, mains or pipes in the right-of-way, with fees recovering the City's ongoing management costs like inventory tracking, GIS, tree trimming and location marking. 00 aggregate commercial general liability coverage. Separately, § 24-52 bars excavating a right-of-way or placing facilities in it without an excavation permit from the city engineer, applied for under § 24-53 with a scaled drawing of the work and payment of the fee schedule set under § 24-54, which is sized to recover the City's actual costs.

Work must finish within the dates on the permit and the site restored under city specifications (§§ 24-55, 24-56), with a warranty against defective work lasting until the road is resurfaced. The city may refuse, suspend or revoke a permit for reasons including an unregistered applicant, misrepresentation, or interference with a scheduled City project (§ 24-61); an aggrieved applicant may file a written appeal with the city engineer at 433 Hay Street within ten days, for a hearing before the city manager who may affirm, reverse or modify the decision. Excavating without first obtaining a permit, outside a true emergency, doubles the normal permit fee and all other required fees under § 24-62.

Violations & Fines

Excavating or placing facilities in the right-of-way without the required permit doubles the normal permit fee and all other chapter fees under § 24-62. The City may refuse, suspend, or revoke a permit for an unregistered applicant, misrepresentation, or failure to complete work on time under § 24-61, and unrepaired defective restoration work can be corrected by the city engineer at the permittee's expense.

Frequently Asked Questions

Do I need a permit to place a utility line in a Fayetteville right-of-way?
Yes. Section 24-5 requires a right-of-way encroachment agreement for facilities like wires, mains or pipes, and § 24-52 separately requires an excavation permit from the city engineer before any digging or facility placement begins.
What must I file before I can register for right-of-way use?
Section 24-3 requires your name, a local emergency contact available at all times, proof of financial capability, and a certificate of insurance meeting the chapter's minimums, including $1,000,000 per-occurrence general liability coverage.
What happens if I dig without a permit?
Section 24-62 requires you to still obtain a permit afterward, but you'll pay double the normal permit fee and double all other required fees, plus deposit funds to cover any right-of-way damage, unless the work was a true emergency.
Can I appeal a denied or revoked encroachment permit?
Yes. Section 24-61 lets an aggrieved applicant file a written request for review with the city engineer at 433 Hay Street within ten days of the decision, and the city manager holds a hearing and may affirm, reverse or modify the outcome.

Sources & Official References

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