Montgomery, AL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

3. Where the right-of-way is wide enough, the amendment permits doors and windows to swing open into the right-of-way by no more than 48 inches, but only if the opening is paired with a permanently constructed guard or buffer no taller than 42 inches, installed specifically to prevent the swinging door or window from striking a passing pedestrian. This sits inside Sec. 5-71's broader adoption of the International Building Code 2024 as the city's Building Code, so any projection, awning, stairway, or similar feature that breaks the 8-foot, above-grade plane into the sidewalk or street right-of-way is treated as an unlawful encroachment unless it fits one of the code's own carve-outs.

Because the rule is folded into the general Building Code rather than a standalone right-of-way ordinance, an owner planning any low overhang, projecting sign structure, or door swing near the property line should confirm compliance with the building official before construction, since the 8-foot/48-inch/42-inch figures are fixed thresholds the amendment does not allow the official discretion to waive outside the listed exceptions.