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Roanoke, VA 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 § 30-9
Issued by
City Manager
Revocability
Revocable at the city's pleasure
Runs with property
Passes to grantees/assignees/successors
Owner liability
Negligence liability is not excused

Summary

Roanoke property owners who want a structure encroaching on a public street or alley right-of-way, such as a driveway apron or sidewalk feature, need a permit or license from the city manager under City Code § 30-9, revocable at the city's pleasure and conditioned on indemnifying the city against injury or property-damage claims.

The city manager shall be authorized to issue permits or licenses for sidewalk and driveway encroachments or license for sidewalk and driveway encroachments in, upon and over a public street or alley right-of-way to the owner or owners of such encroachments and their grantees, assignees or successors in interest when such encroachments are constructed so as not to create an obstruction or safety hazard for motor vehicles or pedestrians. Such permits or licenses shall be revocable at the pleasure of the city and shall be conditioned upon the applicant's agreement to indemnify and save harmless the city and its officers, employees and agents from all claims or injuries or damages to persons or property that may arise by reason of any such encroachment. The city manager may further condition the issuance of such permit or license on the applicant's, and the applicant's grantees, assignees or successors in interest, maintaining general public liability insurance naming the city and its officers, employees and agents as additional insureds with respect to the construction or maintenance of any such encroachment in such policy limits as the city manager shall deem appropriate.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 94 Update 1).

Full Breakdown

City Code § 30-9 lets the city manager issue permits or licenses authorizing sidewalk and driveway encroachments, meaning structures built by a property owner that extend into a public street or alley right-of-way. The permit runs to the owner of the encroachment and passes to that owner's grantees, assignees or successors in interest, so a buyer of the property inherits both the benefit of an existing encroachment permit and its conditions. The city manager can only authorize an encroachment if it is built so that it does not create an obstruction or safety hazard for motor vehicles or pedestrians, meaning an encroachment that blocks sightlines or narrows a sidewalk below a safe width is not eligible regardless of how the applicant designs it.

Every permit or license issued under this section is revocable at the pleasure of the city, meaning the city manager can pull it without cause, and issuance is conditioned on the applicant's agreement to indemnify and hold the city, its officers, employees and agents harmless from claims for injuries or property damage arising from the encroachment. The city manager can also require the applicant and any successors to carry general public liability insurance naming the city as an additional insured, in whatever policy limits the city manager considers appropriate for that particular encroachment. Critically, none of this relieves the encroachment's owner of ordinary negligence liability: § 30-9 specifically states that authorization by the city manager does not excuse the owner from responsibility for their own negligence connected to the encroachment.

Violations & Fines

Building or maintaining a sidewalk or driveway encroachment in the public right-of-way without a § 30-9 permit is an unauthorized obstruction, prosecutable as a Class 3 misdemeanor under §§ 30-1 and 30-2. Because permits under § 30-9 are revocable at the city's pleasure, an owner who violates the permit's insurance or indemnification conditions risks losing authorization for an encroachment that was previously approved, on top of any misdemeanor exposure.

Frequently Asked Questions

Who issues an encroachment permit for a driveway into the Roanoke right-of-way?
The city manager, under City Code § 30-9. The permit can only be granted if the encroachment is built so it does not create an obstruction or safety hazard for vehicles or pedestrians, and it can be revoked at the city's discretion at any time.
If I sell my house, does the encroachment permit transfer to the buyer?
Yes. City Code § 30-9 says the permit or license runs to the owner and to that owner's grantees, assignees and successors in interest, so a new owner takes over both the benefit of an existing encroachment and the indemnification and insurance conditions attached to it.
Does city approval protect me if my driveway encroachment injures someone?
No. Section 30-9 expressly states that nothing in it relieves an encroachment's owner from liability for their own negligence connected to the encroachment, even though the city manager authorized it.

Sources & Official References

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