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Harrisburg, PA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit name
Easement permit
Default approval
Written resolution approved by City Council
Building extension over right-of-way
Advertised at least once, Planning Commission review first
Site posting
On the tract at least one week before the hearing
Footing exception
Below-ground footings projecting up to 12 inches, City Engineer
Chapter adopted
7-8-2014 by Ord. No. 5-2014

Summary

In the City of Harrisburg, Pennsylvania, private property that will encroach into a public street or pedestrian right-of-way, at, above, or below ground level, needs an easement permit. The default is a written resolution approved by City Council. Chapter 7-901 then lists four cases that skip Council and go to the City Engineer or the Zoning Officer.

§ 7-901.1. Easement in public right-of-way requiring City Council approval. A. An easement permit shall be required in any case where private property will encroach into a public street or pedestrian right-of-way at, above, or below ground level. Such easement shall be authorized by a written resolution approved by City Council. (1) Any proposed principal building extension over a public right-of-way shall only be approved by City Council after it has been legally advertised at least once and after the Planning Commission has been provided an opportunity for a review. (2) Approval may also be necessary from the State Department of Transportation if a state street is involved. § 7-901. ... 3. Easement in public right-of-way not requiring City Council approval. A. Planning Commission review and City Council approval are not required for features within public rights-of-way in the following specific instances: (1) Utility easement permits approved by the City Engineer; ... (4) Below-ground-level footings of buildings which project up to 12 inches into a right-of-way if approved by the City Engineer.

Full Breakdown

Chapter 7-901 of the Harrisburg Codified Ordinances, adopted by City Council on 7-8-2014 as Ord. No. 5-2014, sets the encroachment rule in the City of Harrisburg. Section 7-901.1 requires an easement permit in any case where private property will encroach into a public street or pedestrian right-of-way at, above, or below ground level, and the easement must be authorized by a written resolution approved by City Council. A proposed principal building extension over a public right-of-way gets the strictest path: Council can approve it only after it has been legally advertised at least once and after the Planning Commission has been given an opportunity for review. The code also flags that approval can be needed from the State Department of Transportation when a state street is involved.

Section 7-901.2 controls the hearing. Public notice is published as required by Section 103 of the Pennsylvania Municipalities Planning Code and states the time, the place, and the particular nature of the matter. The applicant is responsible for seeing that notice is conspicuously posted on the affected tract at least one week before the hearing and stays posted until the hearing. The City gives written notice to the applicant, to owners of property abutting or directly across the street from the subject property, and to any person or group, including civic or community organizations, that made a timely written request. The final decision or findings reach the applicant or representative within the time limit set by the Pennsylvania Municipalities Planning Code.

Section 7-901.3 removes Planning Commission review and Council approval for four cases: utility easement permits approved by the City Engineer; routine extensions such as cornices and eaves, architectural decorations, ornamental columns, entrance steps, oriel windows, balconies, awnings, awning covers or boxes, and marquees, approved by the Zoning Officer through an easement permit in accordance with the City Building Code; easement permits for handicapped access to an existing structure, or a routine stoop, approved by the Zoning Officer; and below-ground-level footings that project up to 12 inches into a right-of-way, if approved by the City Engineer.

Violations & Fines

Chapter 7-901 prints no penalty section of its own. What it prints is the approval requirement. An encroachment without an easement permit lacks the authorization § 7-901.1 demands, and a principal building extension without an advertised Council resolution and a Planning Commission review lacks the only approval the chapter recognizes for it. Footings that project more than the 12 inch limit fall back to the Council path.

Frequently Asked Questions

Does an awning or balcony over a Harrisburg sidewalk need a City Council vote?
Not when it is a routine extension. Section 7-901.3 lists awnings, awning covers or boxes, balconies, marquees, cornices and eaves, and entrance steps as features the Zoning Officer approves through an easement permit, in accordance with the City Building Code. Planning Commission review and City Council approval are not required for those, but the easement permit itself still is.
Who approves a wheelchair ramp or a stoop in the public right-of-way?
The Zoning Officer. Section 7-901.3 covers easement permits for handicapped access to an existing structure, where the improvements track the Uniform Federal Accessibility Standards, and a routine stoop. Neither one goes to the Planning Commission or to City Council under that section.
What notice does the City of Harrisburg give before Council hears an easement request?
Section 7-901.2 requires published public notice under the Pennsylvania Municipalities Planning Code, a sign posted on the tract at least one week ahead, written notice to the applicant, and written notice to owners of property abutting or directly across the street. Anyone who made a timely written request, including a civic or community organization, also gets notice.
Does a state street change the process in Harrisburg?
It can add a second approval. Section 7-901.1 states that approval can also be necessary from the State Department of Transportation if a state street is involved. The City Council resolution is still the starting requirement for the easement, and a principal building extension still needs the advertisement and Planning Commission review.

Sources & Official References

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