Huntsville, AL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required
- Written application + engineering division permit
- Land-disturbing work
- Separate grading permit, Manual §2.2.2
- Exempt parties
- City employees and Huntsville Utilities only
- Repair charge
- $3.00 per square yard minimum
- Fence requirement
- At least 4 feet high, spaced posts
- Left open 24+ hours
- Separate misdemeanor under Sec. 23-125(b)
- No permit obtained
- Misdemeanor under Sec. 23-126
Summary
Digging, opening, or otherwise encroaching into a Huntsville street or sidewalk without city sign-off is illegal. Sec. 23-122 requires anyone who wants to excavate in or under a public street or sidewalk to file a written application and get a written permit from the engineering division first, and land-disturbing work separately needs a stormwater grading permit.
(a)Any person who shall desire to make any excavation in or under the streets or sidewalks of the city shall be required before commencing such excavation to file a written application and obtain a written permit from the engineering division.(b)Any person performing any land disturbing activity shall request and obtain a permit in coordination with the Stormwater Management Manual, section 2.2.2, grading permits.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 30 Update 2).
Full Breakdown
Article IV of chapter 23, Excavations, governs any encroachment into Huntsville's public streets and sidewalks. Sec. 23-121 makes it unlawful for anyone other than city employees and Huntsville Utilities to excavate in or under a city street without complying with the article, and Sec. 23-122 is the permitting mechanism: a written application must be filed and a written permit obtained from the engineering division before work begins, with a separate grading permit required under the Stormwater Management Manual, section 2.2.2, for any land-disturbing activity.
Permit holders carry ongoing responsibility once the ground is opened. Sec. 23-123 makes the excavator liable for any damage to the sewer, street, or sidewalk and requires restoration to as good a condition as existed before the work; if the city has to make the repairs itself, the minimum charge is $3.00 per square yard or part of a yard, and anyone who doesn't pay within five working days forfeits any city license requiring excavation work. Sec. 23-125 requires a protective fence at least four feet high around any excavation abutting a sidewalk or street, built of posts and woven wire or of boards or planks at least a half-inch thick and three inches wide spaced no more than 12 inches apart, with posts no more than eight feet apart; leaving an excavation unprotected and open for 24 hours is a separate misdemeanor under subsection (b). Excavating or removing earth, brick, stone, or gravel from a street or sidewalk without engineering division permission is itself a misdemeanor under Sec. 23-126, and Sec. 23-124 makes it a misdemeanor to leave any excavation open in a way that endangers passersby. No excavation may be closed until the city engineer inspects it under Sec. 23-127, and utility service openings additionally need approval from the engineer of public works under Sec. 23-128.
Violations & Fines
Excavating without a permit (Sec. 23-126) or leaving a dig unprotected or open long enough to endanger the public (Sec. 23-124, Sec. 23-125(b)) is each charged as a misdemeanor. Beyond criminal penalties, the city can bill the excavator directly: unpaid restoration costs run at least $3.00 per square yard, and failure to pay within five working days forfeits any city license that requires street or sidewalk excavation work.
Frequently Asked Questions
Do I need a permit to dig in a Huntsville street or sidewalk?
Who's exempt from getting an excavation permit?
Do I have to fence off a hole I dig near a sidewalk?
What happens if my excavation damages the street?
Sources & Official References
Other rules in Huntsville
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