Rochester, MN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 9-2-5(a) requires "the appropriate permit from the city" before anyone obstructs, excavates in, or encroaches upon a public right-of-way, and makes any violation of Chapter 9-2 a misdemeanor. Four permit types cover different work: an excavation permit for digging in the right-of-way and placing facilities there; an obstruction permit for hindering free passage over the right-of-way for 365 days or less by placing equipment (required alongside any excavation permit); a revocable permit for equipment, structures, landscape features or other encroachments lasting 365 days or more; and a small wireless facility permit for wireless support structures and collocated small wireless facilities, which stays in effect as long as the facility is in use.

Applications go to the public works department under § 9-2-6 and must include a completed form, scaled drawings, the location of existing and proposed facilities, and the permit fee. Under § 9-2-7, the director issues excavation and obstruction permits once requirements are met, while the city council decides revocable permit applications, and the city can impose conditions such as a surety bond or the cost of a police officer for traffic management. Permits can be denied under § 9-2-10 for failing chapter requirements, to protect public health and safety, to protect the right-of-way's current use, or if the applicant violated the chapter within the past 12 months; a denial or revocation must be written and delivered within three business days, and a resubmission within 30 days draws no new fee.