Mesa, AZ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 9-2-3(A) makes it 'unlawful for any person, firm or corporation to cause or to maintain any encumbrance or obstruction of public right-of-way by encroachment therein with any foundation, wall, fence, post, or other structure or any cohesive ground-surfacing material without having first obtained a written Right-of-Way Encroachment Permit' from the City Engineer. The Engineer can only issue the permit after finding the requested encroachment won't impair necessary public use or access to public facilities in the right-of-way, and isn't otherwise prohibited by the Mesa City Code.

Subsection (B) sets the permit's terms: the encroachment can't exceed the time period, conditions, or extent stated in the permit, the Engineer can revoke it at any time, and before issuance the applicant must execute a written undertaking that holds the City harmless for any liability tied to the encroachment and releases the City from any duty to maintain it or repair damage. The applicant must also agree in writing to remove the encroachment and restore the property to its original condition, at no cost to the City, whenever the City Engineer requests it.

Section 9-2-4 carves out three narrow exceptions that need no permit: authorized traffic-control structures and signs, vehicle driveway surfacing properly aligned with an approved curb opening, and pedestrian walkway surfacing under five feet wide running perpendicular to the right-of-way. Everything else, decorative walls, fences, mailbox posts, ground cover, needs the written permit first.