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Lee's Summit, MO Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Requirement
Permit plus license for structures in ROW
Reviewer
City Engineer approves applications (§ 26-132)
Prerequisite
Conditional use waiver before permit issues
Validity
Permit valid 60 days unless shorter term set
Unpermitted work
Stop-work order plus City's costs/fees

Summary

Lee's Summit requires adjoining property owners to obtain a right-of-way permit, and a license under the City's encroachment policy if required, before building or maintaining any fixed structure, material or object on the right-of-way next to their land. City Code § 26-131 puts the City Engineer in charge of approving the permit after checking compliance with the encroachment policy and design standards.

Sec. 26-131. - Permits required. A.Except as otherwise provided herein, no person, service provider, or row-user shall perform excavation or work, as those terms are defined in Section 26-101 hereof, in the right-of-way without a right-of-way permit.B.No adjoining property owner shall construct, maintain, or permit in or on the portion of the public right-of-way to which such land is adjacent, any fixed structure, material or object without having obtained the appropriate right-of-way permit and license if required by the encroachment policy...D.If the City Engineer determines that the applicant has satisfied the requirements of this article, the encroachment policy, this Code, and all applicable laws and regulations, the City Engineer shall issue a right-of-way permit.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 55 | Unified Development Ordinance: Supplement 15).

Full Breakdown

City Code § 26-131 requires two related approvals for private encroachments into the public right-of-way. Subsection A bars any excavation or work in the right-of-way, as those terms are defined in § 26-101, without a right-of-way permit. Subsection B specifically targets adjoining property owners: no one may construct, maintain or permit any fixed structure, material or object on the portion of right-of-way adjacent to their land without the right-of-way permit and, if the City's encroachment policy calls for it, a separate license.

The application goes to the City Engineer under § 26-132, and at minimum must include proof the applicant is the registered right-of-way user or the adjoining property owner (or an authorized agent), engineering drawings and construction plans showing the project's location and area, certification the design meets the City's engineering standards for support and soundness, a work schedule with start and end dates, and payment of all applicable right-of-way permit fees. Under § 26-134(K), conditional use waivers or license agreements required by the encroachment policy must be obtained before the permit issues, and the City Engineer has 10 business days to comment, deny, or approve that waiver or agreement once a complete application is filed.

Section 26-131(D) directs the City Engineer to issue the permit once satisfied the applicant meets the article's requirements, the encroachment policy, the Code, and all applicable laws. A permit issued this way is good only for the area described in the application: under § 26-136, it is valid for 60 days unless a shorter period is specified, and work outside those boundaries or after expiration requires a new or amended permit. Anyone caught working in the right-of-way without a permit is directed to stop until one is obtained and available on-site, per § 26-131(E).

Violations & Fines

Working or building in the right-of-way without the required permit draws an immediate stop-work directive under § 26-131(E): the person must halt until a valid permit is obtained and kept on-site. Beyond that, § 26-103(C) lets the City pursue enforcement by municipal court citation or circuit court action and recover its full costs and attorneys' fees from the ROW-user or property owner responsible for the violation.

Frequently Asked Questions

Do I need a permit to build a retaining wall in the right-of-way next to my house?
Yes. City Code § 26-131(B) bars any adjoining property owner from constructing or maintaining a fixed structure, material or object on the right-of-way next to their land without a right-of-way permit, and a license too if the City's encroachment policy requires one.
Who approves an encroachment permit in Lee's Summit?
The City Engineer. Under § 26-131(D), the City Engineer issues the permit once satisfied that the application meets the right-of-way article, the City's encroachment policy, the rest of the Code, and all applicable laws and regulations.
How long does a right-of-way encroachment permit last?
60 days, unless the permit itself specifies a shorter period, under § 26-136. Work must stay within the area described in the application, and continuing past the expiration date or outside the approved boundaries requires a new or amended permit.
What happens if I build in the right-of-way without a permit?
You'll be directed to stop work immediately under § 26-131(E) until you obtain a valid permit and keep it on-site. The City can also pursue municipal court or circuit court enforcement under § 26-103(C) and recover its costs and attorneys' fees from you.

Sources & Official References

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