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Overland Park, KS Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions

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

Key Facts

Governing chapter: Municipal Code Ch. 13.12
Permit issuer: City Engineer
Fine range: $200-$500 per day
Liability insurance minimum: $1M/$2M general, $1M auto
Minimum bond: $2,000 or restoration value
Appeal deadline: 10 days to City Manager

Summary

Overland Park requires anyone building, maintaining, or placing a fixed facility in the public right-of-way abutting their property, including private encroachments near sidewalks, to first obtain a Right-of-way Permit from the City Engineer under Chapter 13.12, with limited exceptions for public-improvement contractors and short, non-disruptive routine service work.

A. Except as otherwise provided, no ROW-user may Excavate any Right-of-way or conduct any Repair, construction, or reconstruction of Facilities located within the Right-of-way without first having obtained the appropriate Right-of-way Permit. ... C. No Person owning or occupying any land abutting on any Right-of-way shall Construct, maintain, or permit in or on the portion of the public Right-of-way to which such land is adjacent, any fixed Faciltiy, without having obtained the appropriate Right-of-way Permit.

View official code

Full Breakdown

440 makes the permit mandatory for two overlapping groups: ROW-users excavating or building facilities (subsection A), and, separately, any private landowner who wants to construct, maintain, or permit a fixed facility on the portion of right-of-way adjacent to their land (subsection C). Only two exemptions exist: contractors working on City public-improvement projects, and routine service operations that need no excavation and do not block traffic more than four hours (subsection B). 450). 460). 04. 480). 570).

Violations & Fines

Violating any provision of Chapter 13.12, including building or maintaining an unpermitted encroachment in the right-of-way, is a public offense punishable by a fine of not less than $200 nor more than $500, with every day of the violation a separate offense (Section 13.12.630(A)). A violation is also independent grounds for the City to revoke the permit and any registration to work in the City (13.12.630(B)), and the City Attorney may pursue injunction, mandamus, or other civil action to stop the violation (13.12.630(C)).

Frequently Asked Questions

Do I need a permit to build something in the right-of-way next to my Overland Park property?

Yes. Section 13.12.440(C) bars any landowner from constructing or maintaining a fixed facility on the right-of-way abutting their land without first obtaining a Right-of-way Permit from the City Engineer, with no general homeowner exemption.

Can the City refuse to permit my encroachment?

Yes. Section 13.12.540(C) specifically prohibits the City Engineer from issuing a permit for a private right-of-way encroachment that creates a safety hazard and would qualify as a nuisance under Chapter 7.04 of the code.

What happens if I build in the right-of-way without a permit?

You face a fine of $200 to $500 under Section 13.12.630(A), with each day of the ongoing violation charged as a separate offense, plus possible revocation of any permit or registration and a City-initiated injunction action.

How do I challenge a denied or revoked encroachment permit?

File a written appeal with the City Manager within 10 calendar days of the decision under Section 13.12.570(A); you get a hearing within 20 days, and if still aggrieved you have 30 days after the final decision to sue in Johnson County District Court.

Sources & Official References

[1]Overland Park Municipal Code § 13.12.440

Other rules in Overland Park

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All Overland Park rules

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