Fayetteville, NC Sidewalk & Pedestrian Rules: Encroachment Permits (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?
What must I file before I can register for right-of-way use?
What happens if I dig without a permit?
Can I appeal a denied or revoked encroachment permit?
Sources & Official References
Other rules in Fayetteville
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