Ogden, UT Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit authority
- Mayor or mayor's designee
- Eligible applicant
- Abutting property owner
- Review required
- City engineer and planning commission
- Insurance minimum
- $500,000 per occurrence
- Revocation removal period
- 90 days after written notice
Summary
Building or maintaining any encroachment over, under or upon Ogden's public way requires a permit from the mayor. Only the abutting property owner (or a lessee with the owner's written consent) can apply, and the permit can be revoked at any time.
7-4-2: ENCROACHMENT PERMITS: A. Permit Required: Except as may otherwise be specifically authorized in the provisions of this code, it is unlawful for any person to erect or construct any encroachment over, under, or upon any portion of the public way, unless the party so constructing the same shall have obtained an encroachment permit to do so from the mayor, or the mayor's designee. B. Conditions For Issuance: No permit shall be issued for any encroachment unless: 1. The permittee is the owner of the abutting property, provided that a permit may be issued to the lessee of such property if the encroachment does not involve any excavation, or affixing of structures to improvements, within the public right of way and the owner concurs in writing with the issuance of such permit.
Full Breakdown
Ogden City Code section 7-4-2 makes it unlawful to erect or construct any encroachment over, under or upon any portion of the public way without an encroachment permit from the mayor or the mayor's designee. The permit can only issue to the owner of the abutting property, though a lessee may apply if the encroachment involves no excavation or affixing of structures within the right of way and the owner concurs in writing. The applicant must show good cause, and the city engineer and planning commission must review the application and issue recommendations before it can be approved; the encroachment cannot interfere with vehicular or pedestrian travel or with lawfully installed utilities.
Permittees must indemnify the city, maintain commercial general liability insurance of at least five hundred thousand dollars per occurrence, and may be required to post a corporate surety bond if removing the encroachment would be costly. The mayor may impose additional conditions at his or her sole discretion, or waive or reduce the insurance requirement after consulting the city attorney and risk manager. The permit is revocable by the city at any time for any reason, requiring the permittee to remove the encroaching structure within ninety days of written notice, and no permit grants title or property interest in the right of way. 093 and was amended by Ordinance 2002-13, effective April 4, 2002.
Violations & Fines
Erecting or maintaining an encroachment in the public way without a permit is unlawful under section 7-4-2. A permittee who fails to remove a revoked encroachment within the ninety-day notice period, or who violates permit conditions, risks permit revocation and removal of the structure at the permittee's own expense.
Frequently Asked Questions
Who can apply for an encroachment permit in Ogden?
What insurance does an Ogden encroachment permit require?
Can the city revoke an encroachment permit after it's issued?
Sources & Official References
Other rules in Ogden
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