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Pontiac, MI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Governing section
City Code § 102-171
Application section
§ 102-172, filed 24 hrs ahead
Insurance required
$25,000 minimum, 10-day cancellation notice
Deposit
Cash deposit sized to cover restoration
Utilities
Annual permit option under § 102-173
Default penalty
$500 fine / 90 days jail (§1-25)

Summary

Before digging, opening or otherwise encroaching on a street, alley, sidewalk or other public place, § 102-171 requires anyone in the City of Pontiac to first obtain an excavation permit from the city engineer. Applicants file at least 24 hours ahead under § 102-172, describing the work's purpose, size and location.

102-171 Required; exception for emergency. ... (a) Unless acting under a contract with the city, no person, other than a duly authorized city official or city employee in the course of his employment, shall make, cause or permit to be made any excavation or opening in or under the surface or pavement of any street, alley, sidewalk or other public place within the limits of the city without first having obtained and having in force an excavation permit. ... 102-172 Application; contents. (a) Except as provided in section 102-173, any person desiring to procure a specific excavation permit shall file with the engineer, at least 24 hours before the time proposed to begin excavation work, a written application upon a blank form prepared and provided by the city.

Full Breakdown

City Code § 102-171(a) prohibits any person, other than a city official or employee acting within the scope of employment or under a city contract, from making, causing or permitting any excavation or opening in or under the surface or pavement of a street, alley, sidewalk or other public place within the City of Pontiac without first obtaining and holding an excavation permit. Subsection (b) allows emergency excavations outside office hours, at night, on Sundays or holidays, if the emergency is reported to the police department, which may authorize the work on condition that a formal application follows by noon of the next business day.

Section 102-172 sets the application requirements: the applicant files with the city engineer at least 24 hours before starting work, on a city form stating the applicant's name and address, the street or sidewalk involved and its pavement type, the purpose, size and location of the proposed opening, the name and address of the person benefiting from the work, and the time the opening will be needed, along with a plat or sketch when the engineer requires one. Section 102-174 requires a certificate of insurance covering at least $25,000.00 in negligence liability with a ten-day cancellation notice to the city, and § 102-175 requires a cash deposit sized to cover restoration of the street, sidewalk, curb and gutter, with any shortfall billed to the permittee and further permits withheld until it is paid. Public utilities may instead obtain an annual permit under § 102-173 by filing an annual bond and fee.

Violations & Fines

Excavating or encroaching on a Pontiac street, alley or sidewalk without the permit required by § 102-171 has no specific fine written into Article IV, so it defaults to the City Code's general penalty at § 1-25: up to $500.00, up to 90 days in jail, or both, with a mandatory minimum $500.00 and/or 90 days for a repeat violation. Police officers may demand to see the permit on-site under § 102-159, and unpermitted work may be halted.

Frequently Asked Questions

Who issues excavation/encroachment permits for Pontiac streets and sidewalks?
The city engineer issues excavation permits under §§ 102-171 and 102-177 after an applicant files the required application, insurance certificate and cash deposit. The engineer has discretion whether to issue the permit and sets its terms, including the deposit amount needed to cover restoration costs.
How far in advance must I apply before digging in the right-of-way?
Section 102-172 requires the written application to be filed with the city engineer at least 24 hours before the excavation work is scheduled to begin, except for emergency work reported to the police department under § 102-171(b), which allows the formal application to follow by noon the next business day.
What if I don't get a permit before working in the right-of-way?
You are in violation of § 102-171, which defaults to the City Code's general penalty at § 1-25: a fine of up to $500.00, up to 90 days in jail, or both. Police officers can demand to see your permit on-site under § 102-159 and stop unpermitted work.

Sources & Official References

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