Las Cruces, NM Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

The permit requirement sits in Land Development Code Chapter 35, Article III, Division 2. Section 35-91 requires any property owner who wants to build a vehicle crossing over a public sidewalk or right-of-way, for trucks, tractors, trailers, buses, or automobiles, to get a public works department permit before construction. Section 35-92 requires the application to include a plan showing the exact extent and design of the proposed crossing. Section 35-93 lets public works approve the permit only after confirming the crossing will not unreasonably interfere with safe use of the sidewalk, right-of-way, or the street it connects to; the curb-cut standards elsewhere in Article III, including the 12-to-22-foot width limits and the ten-foot minimum setback from an intersecting street corner, control that review.

No construction can start before the permit issues. If a crossing is abandoned or no longer used, Section 35-62 lets public works revoke the permit after giving the property owner 30 days' written notice by certified mail, or four weekly newspaper notices if the owner cannot be located. Once revoked, Section 35-63 requires the owner to remove the crossing and restore the curb and sidewalk within 30 days, or up to two years for a nonconforming crossing that only later became hazardous; each day of delay past the deadline is a separate violation, and the city can do the work itself and place a lien on the property for the cost.

An applicant denied a permit, or an owner facing revocation, can appeal to the city council within ten days by filing written notice with the city clerk under Section 35-61.