Minnetonka, MN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required
- Private use of undeveloped public right-of-way is by permit only
- Covered land
- Boulevards, slopes, unpaved shoulders, dedicated streets not yet developed
- Who decides
- Minnetonka engineering department, which can impose conditions
- Revocation
- City manager, any time use is contrary to public interest
- Appeal
- Written request to city manager, decided by the city council
- Penalty
- Misdemeanor under 1310.010; each calendar day is a separate offense
Summary
In the City of Minnetonka, Minnesota (Hennepin County), a person can use undeveloped public right-of-way, including boulevards, slopes, unpaved shoulders and dedicated streets not yet developed, only by permit. The engineering department decides each request and can attach conditions, and the city manager can revoke the permit at any time when the use is contrary to the public interest.
3. Undeveloped right-of-way includes boulevards, slopes adjacent to city streets, unpaved shoulders, and dedicated streets not yet developed. 4. Private use of undeveloped public right-of-way will be by permit only. ... 1. The engineering department will decide whether to issue a permit. The criteria for evaluating a permit request includes guidelines established by the city council, safety of the public, need to maintain access for emergency services, the use for which the permit is requested, compatibility with surrounding uses and neighborhood, and other factors reasonably related to health, safety and welfare of the community. 2. The engineering department may impose conditions on a permit. 3. A permit must contain notice to the permit holder that the permit may be revoked by the city manager at any time when continued private use of the undeveloped public right-of-way is contrary to the public interest. ... 4. An aggrieved party may appeal any decision regarding a permit or application to the city council by submitting a written request to the city manager.
Full Breakdown
Chapter 1125 of the Minnetonka City Code, adopted by the Minnetonka City Council, sets the procedure for private use of undeveloped public right-of-way. Section 1125.010 defines the land: undeveloped right-of-way includes boulevards, slopes adjacent to city streets, unpaved shoulders, and dedicated streets not yet developed. Private use of that land is by permit only. The chapter is aimed at above-ground private improvements, such as private streets, that are only for the benefit of adjacent or nearby property. Uses regulated under city code section 1120 are carved out and follow that section instead.
An adjacent owner who owns the underlying fee does not have to comply with the chapter if the use has no potential of interfering with the city's superior easement rights. Even that owner is not safe: the city can require the use to cease at any time if doing so would serve the public interest.
Under section 1125.015 the engineering department decides whether to issue the permit. The criteria are guidelines established by the city council, safety of the public, the need to maintain access for emergency services, the use for which the permit is requested, compatibility with surrounding uses and the neighborhood, and other factors reasonably related to the health, safety and welfare of the community. The engineering department can impose conditions on the permit. Every permit must carry notice that the city manager can revoke it at any time when continued private use of the undeveloped right-of-way is contrary to the public interest.
Revocation has a built-in limit. When the permit covered a private driveway that is the only access to a property, the city must still allow some reasonable access. After revocation the property owner can petition the council to construct a public street, and the council cannot deny the owner access if no other access is available, although it chooses the manner in which access is given. An aggrieved party can appeal any decision on a permit or application to the city council with a written request to the city manager.
Violations & Fines
Using undeveloped right-of-way without complying with chapter 1125 is a code violation. Section 1310.005 bars violating a code provision or the terms of a city approval such as a permit, and section 1310.010 makes a violation a misdemeanor punished in accordance with state law unless the code states a different punishment. Each calendar day of violation is a separate offense. Separately, the city can require a use to cease, and a permit can be revoked.
Frequently Asked Questions
Do I need a permit to put something in the boulevard in front of my Minnetonka home?
Who decides whether a right-of-way permit is issued in Minnetonka?
Can Minnetonka take the permit back after it is issued?
How do I appeal a right-of-way permit decision in Minnetonka?
Sources & Official References
Other rules in Minnetonka
Compare Minnetonka to another location·View the Minnesota sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Hennepin County handle encroachment permits.