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Pocatello, ID Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing section
City Code § 12.16.010
Permit issuer
Building department
Application lead time
24 hours before excavation
Fee
Set by City Council resolution
Restoration shortfall charge
Cost plus 15% surcharge

Summary

Anyone who wants to excavate or encroach in a Pocatello street, alley, sidewalk, curb, or gutter, such as for a utility line or private connection, needs a written permit from the building department first. City Code section 12.16.010 makes unpermitted excavation in the right of way unlawful, and section 12.16.030 requires the application at least twenty four hours before work starts along with a fee set by City Council resolution.

It is unlawful for any person to make or cause to be made any excavation in or under the surface of any public street, alley, sidewalk, curb, gutter or any other public place for the installation, repair, or removal of any pipe, conduit, duct or tunnel or for any other purpose, without first obtaining from the building department a written permit to make such excavation.

Full Breakdown

Chapter 12.16, Street Excavations, governs any private cut into the public right of way. Section 12.16.010 makes it unlawful to excavate in or under a public street, alley, sidewalk, curb, or gutter, for a pipe, conduit, duct, tunnel, or any other purpose, without a written permit from the building department. Section 12.16.020 requires the application to show the work to be done, its location, the limits of work, and where pavement will be replaced; an emergency cut still requires notifying the engineering department and securing a permit the next working day.

Section 12.16.030 sets the permit fee by City Council resolution and requires the application at least twenty four hours before excavation begins; permits are non-transferable, carry a completion deadline, and become void if that deadline passes without an extension from the director of public works. If a permittee does not restore public property to a condition the building department accepts, the City restores it and bills the permittee the cost plus fifteen percent. Section 12.16.070 makes excavating outside the location described in the permit a separate misdemeanor.

All excavation, refilling, and street surface repair under the chapter is carried out under the supervision and direction of the city engineer per section 12.16.230.

Violations & Fines

Excavating without a permit, or outside the location the permit describes, is a misdemeanor under sections 12.16.010 and 12.16.070, punishable under section 1.04.040 by a fine up to one thousand dollars, up to six months in the county jail, or both. If a permittee fails to restore the street or sidewalk to a condition the building department accepts, the City does the restoration and bills the permittee the cost plus a fifteen percent surcharge under section 12.16.030(C).

Frequently Asked Questions

Do I need a permit to dig up a Pocatello street or sidewalk?
Yes. Section 12.16.010 requires a written permit from the building department before making any excavation in a public street, alley, sidewalk, curb, or gutter, including for a private utility connection.
How far ahead do I need to apply for an excavation permit?
At least twenty four hours. Section 12.16.030(B) requires excavation permits to be applied for and granted at least twenty four hours before work begins, and the permit is non-transferable with its own completion deadline.
What if I don't restore the street properly after excavating?
The City restores the street or sidewalk itself and bills the permittee for the cost plus a fifteen percent surcharge, under section 12.16.030(C). Excavating outside the permitted area is also a separate misdemeanor under section 12.16.070.

Sources & Official References

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