Raleigh, NC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

City Code Sec. 12-1022, Use of Sidewalks for Private Purposes; Permit Required; Insurance, bars any person, partnership, firm or corporation from using or continuing to use the surface of a public sidewalk or right-of-way for a private purpose unless they first procure a permit from the Director of Transportation after the City Council approves the use. The permit issues only on condition that the user first assumes in writing responsibility for any injury, death, or damage that results from the use. The Director of Transportation, without needing separate Council approval, may separately approve right-of-way encroachments tied to installing or maintaining telecommunications, video programming, electricity, or similarly situated utility infrastructure, either for specific locations or under a master agreement covering all City-maintained rights-of-way; once built, the encroachment holder must submit as-built drawings showing the encroachment's precise location (and, for transmission devices, the location of other utilities), though underground lawn-irrigation systems for single-family or duplex dwellings are exempt from that as-built requirement.

Newsracks and franchised public utility companies are exempt from the general permit requirement, and pre-1979 handicapped ramps serving government buildings are exempt if they don't extend past three-fifths of the sidewalk's width or come within three feet of the curb. Using a sidewalk or right-of-way for a private purpose without Council approval is a misdemeanor, and separately, excavating in a sidewalk or right-of-way without approval exposes the violator to a civil penalty of up to $200 plus $10 for each continuing day of the unauthorized use, assessed at the Council's discretion after written notice and demand for payment; if payment or settlement doesn't follow within 30 days, the matter goes to the City Attorney for a civil collection action in Wake County's General Court of Justice.