Gaithersburg, MD Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Sec. 19-9A, in Chapter 19 (Streets and Sidewalks), Article II, sets two separate permit requirements. Subsection (a) makes it unlawful to obstruct, grade, dig, excavate or construct within, over or under any public road, public right-of-way or public improvement easement without first obtaining a city permit. Subsection (b) separately requires a permit before any person installs, repairs or maintains a privately owned facility, structure, fixture, equipment, conduit, cable or pipe within or under a public road, right-of-way or public improvement easement. Subsection (c) ties approved permits to the right-of-way and road design standards adopted under Sec.

2-10 and to the rights the city holds over its rights-of-way, requiring installations to minimize risk to public safety, avoid aboveground facilities in areas designated to go underground, and preserve neighborhood character, with periodic review to limit intrusion on the right-of-way. At the city manager's discretion, a permit may carry conditions protecting public health, safety and welfare, require the permittee to post bonds or other financial security for completion and restoration, require relocation at the permittee's expense if the private facility later conflicts with public facilities, require written indemnification agreements, and require the permittee to hold all consents, licenses or franchises the city requires for the facility.

The section, most recently amended by Ordinance No. O-14-17 (2017) and Ordinance No. O-01-19 (2019), previously covered only private facilities before being broadened to reach both private and public placements in the right-of-way.