Gilbert, AZ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Article X of Chapter 10 governs private use of Gilbert's public rights-of-way. Sec. 10-325 defines "encroachment" as construction, reconstruction, repair, alteration, or grading within a public right-of-way, but excludes vehicle or bicycle use governed by Title 28 of the Arizona Revised Statutes. Sec. 10-326 makes it unlawful to place an encroachment in a right-of-way without first obtaining a permit from the town engineer; the application must include the applicant's name and address, fully dimensioned scaled plans showing location, dimensions, utilities, access points and height, and any other information the town engineer finds necessary to confirm compliance with town codes.

Sec. 10-327 sets permit fees by council resolution, due at submittal. Sec. 10-328 attaches conditions to every issued permit: the permittee must keep the encroachment in good condition, restore any right-of-way surface or subsurface damage to its prior condition within a reasonable time at its own expense, remove the encroachment before the permit expires or upon revocation, indemnify the town, and maintain the $1,000,000/$2,000,000 insurance coverage with a certificate naming the town as additional insured. The town engineer may add further conditions to protect public safety, and can revoke a permit outright for noncompliance.

Sec. 10-329 sets issuance standards: encroachments run for a fixed term (extendable for good cause), cannot interfere with vehicular use of the right-of-way, cannot impede or obstruct pedestrian passage, and the area must be restored to its prior condition once the encroachment is removed. Sec. 10-330 bars assignment of a permit to another person, voiding it and requiring immediate removal if violated. Sec. 10-331 lets the town engineer revoke a permit whenever the town needs the right-of-way back, requiring the permittee to remove all property promptly at its own expense, or whenever the encroachment breaches its permit terms.