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Novi, MI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit authority
City engineer, Sec. 31-1(a)
Emergency rule
Verbal OK, written application within 24 hours
Key exemptions
City work, de minimis lawn care, minor disruption
Minor-disruption threshold
Excavation under 2 feet, single-family, Sec. 31-3(d)
Appeal window
10 days to city council, Sec. 31-11
Civil fine
$200 first offense, up to $500 repeat

Summary

Placing anything in a City of Novi street, sidewalk, easement or other public place, or digging, building or maintaining within one, takes a written permit from the city engineer first. Section 31-1 bans unpermitted right-of-way work outright, with only narrow exceptions for city work, single-family lawn care and similar minor activity.

(a)No person shall place any article, thing, or obstruction in any public right-of-way except under the conditions and in a manner permitted by this article. Further, it shall be unlawful for any person to make any excavation in, or to conduct any construction and/or maintenance activities within, over or below any public right-of-way, street, highway, alley, parkway, sidewalk, bikepath, park, easement or other public place under the jurisdiction of the city, or which is the location of improvements or infrastructure owned by the city, without first having obtained a written permit therefore from the city engineer. In those instances where emergency circumstances require immediate action, the city engineer may grant verbal permission, provided that a written application shall be submitted within twenty-four (24) hours.

Full Breakdown

Section 31-1(a) makes it unlawful to place any article, thing or obstruction in a public right-of-way, or to excavate, construct or maintain anything within, over or below a street, highway, alley, parkway, sidewalk, bikepath, park, easement or other public place under city jurisdiction, without first getting a written permit from the city engineer. Emergency work is the one exception to the paperwork-first rule: the city engineer can grant verbal permission on the spot, but the applicant still has to file a written application within twenty-four hours.

Subsection (b) exempts a short list of activities from the permit requirement entirely, including work the city performs itself, single-family home construction already covered by a site restoration bond under Section 26.5-34, "de minimis activities" like mowing grass, clearing snow or installing a lawn sprinkler system, lawful vehicle parking, and ordinary landscaping. For everything else, Section 31-3 spells out what an application needs: a written request to the engineering division identifying the location, nature, size and purpose of the work, backed by plans, an application fee set by council resolution, a performance guarantee under Chapter 26.5, and a certificate of insurance.

Single-family owners doing "minor disruption," defined in Section 31-3(d) as excavation of less than two feet, are exempt from that application process. Section 31-4 layers on design standards for anything actually installed, covering placement, clearance from utilities, and sight-triangle visibility.

Violations & Fines

Section 31-10 makes any violation of the right-of-way chapter a municipal civil infraction, subject to Section 1-11's penalty schedule: a $200 civil fine for a first offense, rising to as much as $500 for a repeat offense within three years, plus costs, with each day of an unpermitted obstruction or excavation counted as a separate violation.

Frequently Asked Questions

Do I need a permit to dig in my Novi front yard easement?
If the excavation is under two feet and the property is zoned single-family, Section 31-3(d) exempts it as "minor disruption." Anything deeper, or on any other property type, needs a written right-of-way permit from the city engineer under Section 31-1 before you start digging.
What is exempt from Novi's right-of-way permit requirement?
Section 31-1(b) lists specific exemptions: work the city performs itself, single-family construction already bonded under Section 26.5-34, "de minimis activities" such as cutting grass, removing snow or installing a sprinkler system, lawful vehicle parking, and ordinary landscaping installation.
Can I get emergency permission to work in the right-of-way after hours?
Yes. Section 31-1(a) lets the city engineer grant verbal permission on the spot when emergency circumstances require immediate action, but the applicant still has to file the full written application within twenty-four hours of receiving that verbal approval, or the emergency exception no longer applies.
Can I appeal if the city engineer denies my right-of-way permit?
Yes. Section 31-11 lets an applicant whose permit is denied, or approved with unwanted conditions, file a written appeal with the city within ten days of the decision, and the city council must hold a hearing within thirty days after that appeal is filed.

Sources & Official References

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