Hampton, VA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Application fee
- $150, nonrefundable
- Approving body
- City council, discretionary
- Required
- Encroachment agreement + insurance
- Permit status
- Revocable, non-transferable
Summary
Hampton requires city council approval, a $150 fee, an encroachment agreement, and liability insurance before anyone can build or maintain a private encroachment into a public street, alley, or right-of-way.
Applications for encroachments into public streets and other public ways, places or property shall be made to the director of the department of public works... A nonrefundable fee of one hundred fifty dollars ($150.00) shall be paid to the city for processing an application for an encroachment into any public street or other public way, place or property... Any encroachment granted pursuant to this section is a license merely, is neither transferable nor assignable, and shall be revocable at the pleasure of the city council.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 31 | Zoning: Supplement 20).
Full Breakdown
Under Hampton City Code § 34-86, applications for encroachments into public streets, alleys, or other public ways go to the director of public works with a nonrefundable $150 processing fee. City council reviews the request and, in its discretion, may grant or deny it based on effects to public health, safety, welfare, or interest. Approval requires an executed encroachment agreement, a certificate of liability insurance naming the City of Hampton as additional insured, and, if the director requires it, a performance bond covering removal costs. Any encroachment granted is a revocable, non-transferable license the city council can rescind at any time.
Violations & Fines
An unlawful encroachment is declared a nuisance; the director of public works can order removal, and failure to comply within the notice period is a Class 4 misdemeanor, with each day of continued violation a separate offense (§ 34-88).
Frequently Asked Questions
Who approves an encroachment permit in Hampton, Virginia?
Can Hampton revoke an approved encroachment?
Sources & Official References
Other rules in Hampton
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