Gulfport, MS Sidewalk & Pedestrian Rules: Encroachment Permits (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.
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?
Who approves a downtown alley encroachment?
Who pays if the city later wants the encroachment removed?
Sources & Official References
Other rules in Gulfport
Compare Gulfport to another location·View the Mississippi sidewalk & pedestrian rules overview
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