Lynchburg, VA Sidewalk & Pedestrian Rules: Encroachment Permits (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.
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?
Do I need a permit to put up construction barriers on a Lynchburg sidewalk?
What happens if my fence is built over the property line into the street?
Sources & Official References
Other rules in Lynchburg
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