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Gulfport, MS Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Applies to
Property backing downtown alleys only
Boundary
28th Ave, 14th St, 23rd Ave, 13th St
Approval body
City council, by letter application
Pre-review depts
Urban Dev, Police, Fire, Engineering, PW
Required agreement
Hold Harmless Agreement, Legal Dept
Removal notice
30 days after written demand

Summary

Property owners backing onto downtown Gulfport alleys can seek council approval to encroach into the alley next to their building. The permit runs through the city council, not the building inspector, and the owner covers every cost and signs a hold-harmless agreement first.

Encroachments in the defined "downtown" area shall be allowed, as follows: (1)Properties eligible. Property that backs onto platted or dedicated alleys in the area of downtown bordered by 28th Avenue on the west, 14th Street on the north, 23rd Avenue on the east and 13th Street on the south, are subject to this section. Owners of such property may seek to encroach into said alleys immediately adjacent to any structures located on the property.(2)Approval of encroachment. Property owners may seek approval of an encroachment by applying to the city council via letter which explains the encroachment requested. ... If approved, prior to constructing the encroachment, the property owner shall execute a Hold Harmless Agreement as provided by the Legal Department. Further, the property owner shall be responsible for all costs associated with constructing the encroachment.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 68).

Full Breakdown

Gulfport's only encroachment-into-right-of-way permit in the code is geographically limited: it covers property backing onto platted or dedicated alleys in the downtown area bounded by 28th Avenue on the west, 14th Street on the north, 23rd Avenue on the east and 13th Street on the south. Owners inside that box may seek to encroach into the alley immediately adjacent to their structures, under Code § 9-1. The process starts with a letter to the city council explaining the requested encroachment, and that letter must confirm the owner already discussed it with the Department of Urban Development.

Before the request reaches the council agenda, it is routed for comment through the Departments of Urban Development, Police, Fire, Engineering and Public Works, and the council then approves or denies based on how the encroachment affects the alley's functionality plus those department comments. If approved, the owner must execute a Hold Harmless Agreement drafted by the Legal Department before building anything, and bears every construction cost personally. The city retains the right to reverse course: if the governing authorities decide removal serves the city's best interest, the owner gets a written removal demand by personal service or certified mail and has 30 days to comply, again at the owner's own expense.

This section, adopted by Ord. No. 2741 in 2012, does not create a general citywide sidewalk or right-of-way encroachment permit; it addresses only alley encroachments within the defined downtown blocks.

Violations & Fines

The code does not set a separate fine schedule for building an unapproved alley encroachment; enforcement runs through the removal mechanism itself. Once the governing authorities determine removal is warranted, the owner must remove the encroachment within 30 days of receiving notice by personal service or certified mail, and the owner pays the full removal cost regardless of who built it.

Frequently Asked Questions

Does this permit cover sidewalks anywhere in Gulfport?
No. Code § 9-1 only covers alleys behind property in a defined downtown block bounded by 28th Avenue, 14th Street, 23rd Avenue and 13th Street. There is no separate citywide sidewalk encroachment permit in the code.
Who approves a downtown alley encroachment?
The city council, after the Departments of Urban Development, Police, Fire, Engineering and Public Works comment on the request. The owner applies by letter and must show the Department of Urban Development was consulted first.
Who pays if the city later wants the encroachment removed?
The property owner. The city can order removal at any time it decides removal serves the city's interest, gives 30 days' written notice, and the owner covers the entire cost of taking it out.

Sources & Official References

Other rules in Gulfport

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