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Jacksonville, NC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit authority
Director of public works
Bond
Required in some cases
Advance notice
24 hours to police communications
Restoration duty
Return surface to prior condition
Penalty
Class 3 misdemeanor, up to $500

Summary

In the City of Jacksonville, North Carolina, excavating or doing any work that could create a dangerous condition in a street, alley, sidewalk, or other public way requires a written permit, and sometimes a bond, from the director of public works.

Sec. 23-23. - Permit required; bond. It shall be unlawful for any person to make any excavation or do any other work which may cause a dangerous condition in or on any street, alley, sidewalk, public way or public place in the city, unless a written permit therefor shall have been first obtained from the director of public works. No permit shall be issued in any case where a bond is required, until a bond shall have been executed and filed with the city clerk. The director of public works may refuse to grant the same for good and sufficient cause, but the applicant therefor shall have the right to appeal from such refusal to the council.

Full Breakdown

City Code Sec. 23-23 makes it unlawful to make any excavation or do any other work that may cause a dangerous condition in or on any street, alley, sidewalk, public way, or public place in the city without first obtaining a written permit from the director of public works, and no permit issues in cases requiring a bond until the bond is executed and filed with the city clerk. The director may refuse a permit for good and sufficient cause, but the applicant can appeal a refusal to the city council.

Once issued, Sec. 23-24 requires the permit to specify the location, character, and extent of the proposed work, the person to whom it is granted, and who will perform it; the permit becomes void if the work is not begun and completed within the specified time, and the applicant must notify the city police communications center twenty-four hours before starting, except in an emergency. The council, director of public works, or another authorized city officer can revoke the permit at any time. Sec. 23-25 places all permitted excavation and work under the director's supervision and requires a final inspection to confirm the street, sidewalk, or public place is restored to as good a condition as before, with all debris and equipment removed.

Sec. 23-26 separately requires anyone who tears up a street, sidewalk, alley, or public place to promptly backfill, compact, and restore the surface to its prior condition to the director's satisfaction, with a continuing failure treated as a separate offense each day. Sec. 23-1 additionally bars placing fences or other encroachments on city sidewalk or trail property, though it allows decorative shrubbery in the adjoining right-of-way if it does not obstruct traffic sightlines, fire hydrants, or walkways.

Violations & Fines

Making an excavation or doing dangerous work in a street, alley, sidewalk, or public place without the required permit under Sec. 23-23 is a Class 3 misdemeanor punishable by a fine of not more than $500 at the court's discretion under G.S. § 14-4. Failing to restore a torn-up street or sidewalk under Sec. 23-26, or violating the supervision requirements of Sec. 23-25, carries the same Class 3 misdemeanor and $500 maximum fine, and each day the violation continues after notice from the director of public works is a separate offense.

Frequently Asked Questions

Who issues an encroachment or excavation permit in Jacksonville?
Sec. 23-23 gives that authority to the director of public works, who can refuse a permit for good and sufficient cause, subject to an appeal by the applicant to the city council.
Do I have to notify anyone before starting the work?
Yes. Sec. 23-24 requires notice to the city police communications center twenty-four hours before beginning permitted excavation or work, except in an emergency, when notice must be given as soon as possible.
What if I don't restore the street or sidewalk after the work?
Sec. 23-26 requires prompt restoration to a condition as good as before the excavation, and failure to comply is a Class 3 misdemeanor with each day of continued noncompliance after notice treated as a separate offense.

Sources & Official References

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