Rochester Hills, MI Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Code § 94-45
- Neighbor notice trigger
- Occupancy over 5 days, 300-ft radius
- Minimum sidewalk width kept clear
- 6 feet (5 feet for existing 5-ft walk)
- Permit fee
- Set in § 54-590
- Appeal window
- 5 days to hearing before mayor
Summary
Anyone wanting to occupy part of a Rochester Hills street or right-of-way for a private purpose needs a revocable street occupancy permit from the Department of Public Services director, with fees, insurance and neighbor notice, under City Code section 94-45.
The director may issue revocable permits to occupy a portion of any city street under the following terms and conditions:(1)Standards. Such permits shall be issued if the occupancy shall not:a.Interfere, more than reasonably necessary under the circumstances, with the use of the street for pedestrian or vehicular travel.b.Unreasonably interfere with the view of, access to or use of property adjacent to the street.c.Reduce any pathway or sidewalk width to less than six feet (five feet for an existing five-foot sidewalk or pathway). ... (2)Notice to adjacent owners. Except in instances involving utility companies operating under an annual systems maintenance and improvement permit, written notice to adjacent property owners or occupants within 300 feet shall be given by the director before another person may be issued a permit to occupy any street area between the edge of the vehicle use area of the street and the right-of-way or property line for more than a period of five days.(3)Fee and insurance. Prior to issuance of a street occupancy permit, a permit fee shall be paid in accordance with section 54-590.
Full Breakdown
Section 94-45 governs private encroachments into the public right-of-way through a revocable street occupancy permit. The director will only issue the permit if the occupancy will not interfere more than reasonably necessary with pedestrian or vehicular travel, will not unreasonably interfere with the view of or access to adjacent property, will not narrow a pathway or sidewalk below six feet (five feet for an existing five-foot walk), and will not interfere with street cleaning or snow removal, among the other listed standards in subsection (1).
Under subsection (2), before another person can occupy a street area between the vehicle-use edge and the right-of-way line for more than five days, the director has to give written notice to adjacent property owners or occupants within 300 feet, unless the applicant is a utility company operating under an annual systems maintenance permit. Subsection (3) requires the applicant to pay the permit fee set in section 54-590 and file a certificate of insurance in an amount the director considers reasonable. Permits must state their dates and duration and be displayed visibly, and the director can revoke a permit for noncompliance without refunding the fee, per subsections (6) through (8). A permit applicant who is refused, or whose permit is revoked, can request a hearing before the mayor within five days under subsection (9).
Violations & Fines
Occupying the right-of-way without a permit, or violating the standards or notice requirements of section 94-45, exposes the occupant to permit revocation under subsection (8) with no fee refund, and the underlying encroachment can be treated as a municipal civil infraction and removed at the occupant's cost under section 94-42(d).
Frequently Asked Questions
How do I get a permit to put something in the Rochester Hills right-of-way?
Does my neighbor have to be notified if I get an encroachment permit?
Can the city revoke my street occupancy permit?
Sources & Official References
Other rules in Rochester Hills
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Encroachment Permits in Nearby Cities
How other cities in Oakland County handle encroachment permits.