Peoria, AZ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Issuing office
- Engineering Director or designee
- Minor encroachment size
- Under 2 feet cross-section
- Fee types
- Plan review, permit, annual use fee
- Permit status
- Revocable at any time
- Appeal route
- City Manager, per Sec. 23-80
- Fee waiver categories
- Government agencies, sewer lines
Summary
Anyone wanting to place a minor encroachment, like a small underground line or a removable surface feature, in a Peoria public right-of-way needs a revocable right-of-way permit from the Engineering Director under City Code Sec. 23-65. The permit is discretionary, fee-based and can be revoked at any time.
The Engineering Director or his designee is authorized to assess non-refundable fees for plan review and inspection services and issue revocable right-of-way permits to persons, associations or corporations, for the purpose of temporarily making use of the public rights-of-way for "minor" encroachments within said public right-of-way... Revocable right-of-way permits authorized by the Engineering Director or designee are subject to revocation at any time in the discretion of the Engineering Director. Appeals may be made to the City Manager in the manner provided by section 23-80 of this code.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-9: Supplement contains: LLocal legislation current through Ord. 2026-15, passed 6-16-26).
Full Breakdown
Sec. 23-65(a) authorizes the Engineering Director or a designee to charge non-refundable plan review and inspection fees and issue revocable right-of-way permits for "minor" encroachments in the public right-of-way. The code defines minor encroachments as underground facilities with a cross-sectional area under two feet across, plus surface and aerial uses the Engineering Director determines are easily removable. Applicants must submit an application with a complete set of construction plans; the City performs a technical review and either issues the permit or returns the application for corrections.
Section 23-65(b) requires plan review fees at the time of submittal and permit fees at the time of issuance, though permits are not charged where a valid franchise or license already covers the use. Section 23-65(c) lists conditions on every revocable permit: it cannot violate zoning or other city code provisions, it cannot conflict with existing or proposed right-of-way uses, and right-of-way needed for federal funding must stay clear of encroachments. Sections 23-66 through 23-68 round out the fee structure: an application fee under Chapter 2 of the code, an annual use fee for most permits (waived for government agencies, private sewer lines and minor facade treatments), a City Manager discretion to waive or reduce fees where the encroachment benefits the City, and automatic termination of the permit for failure to pay the annual use fee.
Under Sec. 23-65(h), a permit holder whose project is not finished by the expiration date must pay a renewal fee under Table 27-7 before resuming work.
Violations & Fines
A revocable right-of-way permit can be revoked at any time in the Engineering Director's discretion under Sec. 23-65(g); the permit holder's only recourse is an appeal to the City Manager under Sec. 23-80. Failure to pay the required annual use fee triggers automatic termination of the permit under Sec. 23-68, with no separate notice-and-cure step described in the code. Working in the right-of-way without a permit, or in violation of the permit's standard and special conditions on file with the Engineering Department, exposes the encroaching party to loss of the permit and removal of the unauthorized encroachment at the applicant's cost.
Frequently Asked Questions
Do I need a permit to put something in the right-of-way in Peoria?
Can Peoria revoke a right-of-way permit after it is issued?
What happens if I do not pay the annual use fee for my Peoria encroachment permit?
Sources & Official References
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Encroachment Permits in Nearby Cities
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