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Lynchburg, VA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Existing encroachments
Can remain, Sec. 35-2.1, if not a hazard
Fence encroachment penalty
$25.00 per day, Sec. 35-2
New right-of-way work
Needs a permit, Sec. 35-12
Unauthorized new structures
Banned, class 3 misdemeanor, Sec. 35-8.1
Permit issuer
Transportation engineer or designee

Summary

Lynchburg lets a building or structure that already encroaches on a public street or sidewalk stay in place under City Code Sec. 35-2.1, so long as it doesn't block travel or become a hazard, while any new work in the right-of-way still needs a right-of-way permit under Sec. 35-12, and fences or billboards encroaching on a street can be ordered removed under Sec. 35-2.

Owners of buildings or structures other than fences and billboards encroaching in, upon and over any public rights-of-way therein may maintain such encroachments as they exist until such buildings or structures are destroyed or removed; provided, however, that such encroachment does not interfere with the city's use of such rights-of-way nor obstruct the use of such rights-of-way by the public for travel nor constitute a public hazard and that the permitting of such encroachments to continue shall not relieve said owners of any negligence on their part on account of such encroachment.

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 10).

Full Breakdown

1 lets owners of buildings or structures, other than fences and billboards, that already encroach in, upon, or over a public right-of-way keep that encroachment in place until the building or structure is destroyed or removed, provided the encroachment doesn't interfere with the city's use of the right-of-way, doesn't obstruct public travel, and isn't a public hazard; the section doesn't relieve the owner of negligence liability tied to the encroachment. Fences get no such grace period: under Sec. 00 penalty for each day the failure continues and have the encroachment removed at the owner's cost.

Billboards on city property, streets, or alleys must be removed by whoever owns or erected them, and failing to do so is a class 3 misdemeanor under Sec. 1-13. New work that will occupy the right-of-way, such as barriers, scaffolding, or protective devices around construction, needs its own right-of-way permit under Sec. 35-12, issued by the transportation engineer or a designee, with fees set and periodically revised by the city manager. 1 layers on a further ban on placing any new structure, barricade, wall, fence, or tent in the right-of-way abutting a public street or sidewalk, apart from mailboxes, newspaper tubes, approved bus shelters, or temporary structures tied to a city-supported event.

Violations & Fines

Failing to remove a fence encroachment after the city manager orders it can draw a $25.00-per-day penalty under Sec. 35-2, on top of the cost of the city removing it. Building an unauthorized structure in the right-of-way under Sec. 35-8.1 is a class 3 misdemeanor, with every day the violation continues a separate offense. Billboard owners who don't remove a street-encroaching sign face a class 3 misdemeanor as well.

Frequently Asked Questions

Can I keep a porch or wall that already sits on the city's right-of-way?
Yes, under Sec. 35-2.1, as long as it isn't a fence or billboard, doesn't interfere with the city's use of the right-of-way, doesn't block public travel, and isn't a hazard. You can keep the encroachment until the structure is destroyed or removed, though you remain responsible for any negligence tied to it.
Do I need a permit to put up construction barriers on a Lynchburg sidewalk?
Yes. Section 35-12 requires a right-of-way permit for barriers or protective devices around work being done on a street, alley, sidewalk, or abutting structure, issued by the transportation engineer or a designee, with fees the city manager sets and reviews annually.
What happens if my fence is built over the property line into the street?
The city manager can order you to remove it under Sec. 35-2. If you don't remove it in the time ordered, you can be summoned before the general district court, fined $25.00 for each day the fence stays up, and the city can remove it at your cost.

Sources & Official References

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