Naperville, IL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing chapter
- Naperville Municipal Code Title 9, Chapter 1, Article A
- Base prohibition
- No private use of right-of-way without authorization (9-1A-9)
- Encroachment agreement
- Written agreement approved by City Manager (9-1A-11:3.4.1)
- Building permit
- Issued by Transportation, Engineering and Development group
- Alternative paving permit
- Required, never allowed over public sidewalks
- Default fine
- $100 to $500 per offense, each day separate (1-4-1)
- Enforcement
- Director of Public Works or TED Business Group (9-1A-3)
Summary
Naperville bans private use of any street, sidewalk or public right-of-way unless the City, state or federal law authorizes it, per Municipal Code Section 9-1A-9. For encroachments such as fences, walls, driveways, mailboxes or alternative paving into City-owned right-of-way, Section 9-1A-11 sets the actual authorization process: a written encroachment agreement approved by the City Manager plus a building or fence permit issued by the Transportation, Engineering and Development business group.
9-1A-9: - PRIVATE USE: Except as authorized by the City, Federal or State law, it shall be unlawful for any person to use any street, sidewalk or other public place or right-of-way for any proprietary purpose. ... 9-1A-11: - ENCROACHMENTS AND OBSTRUCTIONS: 1.Encroachments:1.1.Except as provided by this Subsection or Section 7-4-3 of this Code permitting the construction of driveways along front lot lines, it shall be unlawful to erect or maintain any "building" or "structure" as defined in Section 6-1-6 of this Code, which encroaches upon any public street, way, or property. ... 3.4.At the City's discretion, encroachments into a dedicated public utility or any other easement granted to the City may be permitted for the construction of buildings, driveways or structures including brick, stone, or masonry walls or fences; or structures which are wired for electricity, where:3.4.1.A written encroachment agreement approved by the City Manager is executed by the owner of the property; and3.4.2.A building permit for the proposed construction is issued by the City's Transportation, Engineering and Development business group.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 101).
Full Breakdown
Naperville Municipal Code Title 9, Chapter 1, Article A governs every public street, sidewalk, alley, parkway and other public way inside city limits, which sit in DuPage County. Section 9-1A-9 is the baseline rule: it is unlawful for any person to use a street, sidewalk or other public place or right-of-way for any proprietary purpose except as the City, federal or state law authorizes. That authorization is what Section 9-1A-11 supplies. 1, no building or structure defined in Section 6-1-6 may encroach on a public street, way or property except as that subsection or the driveway rules of Section 7-4-3 allow.
3); masonry columns and wagon wheels are specifically barred. 2). 5. 7). 2). The Director of the Department of Public Works or the Transportation, Engineering and Development Business Group supervises and enforces this Article under Section 9-1A-3.
Violations & Fines
Naperville's General Penalty, Municipal Code Section 1-4-1, sets the default fine for any Code violation lacking its own stated penalty at not less than $100 nor more than $500 per offense, with each day a violation continues counted as a separate offense; the court may also award the City reasonable attorney fees. Beyond fines, Section 9-1A-11:3.7.2 lets the City remove an unauthorized or unrecorded encroachment from its easement without any advance notice to the property owner, who then bears the removal cost under 9-1A-11:3.7.3.
Frequently Asked Questions
Do I need City approval before building anything in the Naperville right-of-way?
Who signs off on an encroachment agreement?
Can I put brick pavers or stamped concrete in the parkway?
What are the rules for a mailbox post in the Naperville parkway?
Sources & Official References
Other rules in Naperville
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