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

Municipal Code Chapter 13.12 governs all work and fixed facilities in city right-of-way, and Section 13.12.440 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).

Applicants must attend a pre-application conference with the City Engineer unless waived, then submit a complete application with scaled drawings, a traffic control plan, and payment of all fees and prior excavation costs owed the City (Section 13.12.450). Permittees carrying facilities work must post commercial general and auto liability insurance of at least $1,000,000 per occurrence/$2,000,000 aggregate, plus a performance and maintenance bond of $2,000 or the restoration value, whichever is greater, held for the permit term plus two years (Section 13.12.460). The City Engineer may deny a permit to protect public safety or prevent interference with travel, and Section 13.12.540(C) specifically bars issuing a permit for a private encroachment that creates a safety hazard and would be a nuisance under Chapter 7.04.

Permits are non-transferable and must be displayed at the work site (Section 13.12.480). A denied or revoked applicant can appeal to the City Manager within 10 calendar days, gets a hearing within 20 days, and after a final adverse decision has 30 days to sue in Johnson County District Court (Section 13.12.570).