Plymouth, MN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Applies to
- Structures without a foundation in public easements
- Foundation structures
- Prohibited outright in easements
- Reviewer
- City Engineer, final vote by City Council
- Requires
- Recorded Encroachment Agreement
- Cross-reference
- Zoning Ordinance Section 21180
Summary
In the City of Plymouth, Minnesota, placing a structure without a foundation in a public right-of-way easement requires an Encroachment Agreement under City Code Section 800.02, Subd. 16.F. The City Engineer reviews the application and recommends approval or denial, and the agreement must then be approved by the City Council and recorded against the property.
F.Encroachment in Public Easements. Placement of any structure in public rights-of-way or on City property must comply with Section 21180 of the Zoning Ordinance. Placement of structures that have a foundation is prohibited in a public easement, unless the structure is exempted under Section 21180 of the Zoning Ordinance. The erection or placement of a structure without a foundation in a public easement requires an encroachment agreement application together with Council approval. The application shall include a written request for the encroachment(s), a description of the proposed structure or obstruction, a plan, drawing, or sketch that shows the proposed structure of obstruction, as well as the location of the easement(s) affected, and payment of an application fee as specified in Chapter X of the City Code. ... If an approval recommendation is made, the applicant will be required to sign an Encroachment Agreement, prepared by the City, before the City Engineer's recommendation is forwarded to the Council for consideration. If the Encroachment Agreement is approved by the Council, the Encroachment Agreement will be executed and recorded against the subject property of record.
Full Breakdown
02, Subd. F of the Plymouth City Code, any structure placed in a public right-of-way or on City property must comply with Section 21180 of the Zoning Ordinance, and a structure with a foundation is flatly prohibited in a public easement unless Section 21180 exempts it. A property owner who wants to place a structure without a foundation, such as a shed or similar improvement, in a public easement must apply for an Encroachment Agreement. The application goes to the City Engineer and must include a written request describing the encroachment, a plan or sketch showing the structure and the affected easement, and the application fee set in Chapter X of the Code.
The City Engineer reviews the type and use of the existing easement against the type and use of the proposed structure and then recommends approval or denial. If the Engineer recommends approval, the applicant signs a City-prepared Encroachment Agreement, and the Engineer's recommendation moves to the City Council for final consideration. Only after the Council approves the agreement is it executed and recorded against the property, meaning the encroachment runs with the land and binds future owners. Because the process requires discretionary City Engineer review and Council approval rather than an over-the-counter permit, it functions as a case-by-case authorization rather than a right, and the City can decline to approve an agreement it finds incompatible with the easement's purpose.
Violations & Fines
Placing an unauthorized foundation structure in a public easement is barred outright, and an unapproved non-foundation encroachment without a recorded agreement is a Code violation subject to Chapter XX's general penalty: a misdemeanor punishable by up to $700.00 and 90 days in jail, with each day of a continuing violation charged separately.
Frequently Asked Questions
Can I build a shed on the easement behind my Plymouth home?
Who approves an encroachment agreement in Plymouth?
What must I submit with an encroachment application?
Sources & Official References
Other rules in Plymouth
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Encroachment Permits in Nearby Cities
How other cities in Hennepin County handle encroachment permits.