O'Fallon, MO Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required
- Before any private work in the ROW
- Review deadline
- 31 days after complete application
- Restoration bond
- $5,000 for 24 months
- Liability insurance
- $1M per occurrence, $3M aggregate
- Late-filing penalty
- Triple the permit fee
- Administering official
- City Engineer
Summary
O'Fallon requires anyone who wants to dig, build or place anything in the public right-of-way, including work that touches a sidewalk, to first get a Right-of-Way (ROW) permit from the City Engineer. The permit is separate from any building permit, license or franchise already required, and the Engineer must act on a complete application within thirty-one days.
Any person desiring to perform ROW work must first apply for and obtain a ROW permit in addition to any other building permit, license, easement, franchise or authorization required by law. ... The Engineer shall promptly review each completed application for a ROW permit and shall grant or deny all such applications as provided herein within thirty-one (31) days of receipt thereof.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4860992; v58 updated 2026-05-14; through 05-14-2026).
Full Breakdown
020, a ROW permit application must name a 24/7 contact, describe the work with an engineering site plan, list projected start and end dates, and attach certificates of insurance or bonds. 00 aggregate. Minor work with no interference to the right-of-way is granted promptly; work with more than minor effect is scheduled and coordinated by the Engineer, who may postpone issuance to notify other potential right-of-way users so several projects can be combined. The Engineer can deny an application for delinquent fees, incomplete information, unresolved past violations, failure to restore the right-of-way after prior work, or environmental and historic sensitivity, provided the denial is competitively neutral.
Emergency work may start before the paperwork is filed, but the person doing it must notify the City as soon as practicable and apply for the permit no later than the third business day after the work begins.
Violations & Fines
Skipping the application altogether can trigger triple the normal permit fee under Section 406.020(A)(4)(e). Once issued, a permit can be revoked without a fee refund for a substantial breach, such as a material misrepresentation in the application or evading a permit condition, after the Engineer gives written notice and up to thirty days to cure. Any breach is also a Chapter 406 violation punishable under Section 100.010's general fine and imprisonment schedule, with unauthorized aboveground facilities subject to removal at the owner's expense.
Frequently Asked Questions
Do I need a City permit to work in the right-of-way in front of my house?
How long does O'Fallon take to approve a ROW permit?
What happens if I start work without a permit?
Sources & Official References
Other rules in O'Fallon
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