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

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

Key Facts

Permit authority
Director, Dept. of Public Works
Application requires
plans, purpose, council-set fees, owner signature
Owner liability
must indemnify the city (Sec. 134.07)
Pre-1994 unpermitted encroachments
must remove or apply for a permit
Permit term
expires when the served building is demolished
Penalty
misdemeanor under Sec. 134.14

Summary

Building or maintaining anything that projects into a Saint Paul public right-of-way, retaining walls, areaways, nonstandard walks, tunnels, and similar structures, needs written permission from the public works director under Chapter 134. Applicants file plans, pay council-set fees, and accept full liability for the encroachment, and the city can revoke the permit for unsafe conditions.

Sec. 134.02. - Permission required. No person shall construct and maintain any projection or encroachment within the public right-of-way except with the written permission of the director of the department of public works. Sec. 134.04. - Public works director to issue permit. The director is authorized to grant permission to owners of abutting property to construct and maintain a projection or encroachment subject to the following conditions, restrictions and payment of fees set forth in this chapter. Sec. 134.05. - Permit application and fees. Application for permits shall be submitted on forms approved by the director and shall include the following:(a)The location, nature, size and purpose of the proposed improvement.(b)Plans and specifications as required by the director.(c)The appropriate fees as established by council resolution.(d)The application shall be signed by the owner of the abutting property.

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 133 Update 1).

Full Breakdown

Saint Paul Legislative Code Chapter 134 sets the permit process private property owners must follow before using public right-of-way for their own purposes. Sec. 03 defines 'projection and encroachment' broadly, any above- or below-grade protrusion beyond the property line into a public street, alley, sidewalk, boulevard or right-of-way, expressly including steam lines, conduits, lighting standards, areaways, tunnels, trapdoors, retaining walls, parking bays and nonstandard walks (building overhangs and signs are regulated separately under Sec. 08 and Sec. 202). Sec. 02 makes it unlawful to construct or maintain any such encroachment without the public works director's written permission, and Sec.

04 authorizes the director to grant that permission only where the encroachment cannot reasonably be handled on private property and cannot be vacated under Chapter 130. Sec. 05 requires an application on director-approved forms describing the location, nature, size and purpose of the improvement, along with plans, specifications and council-set fees, signed by the owner of the abutting property. Sec. 06 conditions every permit on using licensed contractors, guarding the work area with barriers by day and flashing lights by night, and paying inspection costs.

Sec. 07 makes the owner indemnify the city for any resulting damage or injury claims, and Sec. 09 keeps the maintenance duty on the property owner going forward, at no cost to the city. Preexisting encroachments installed without a valid permit before March 23, 1994 must either be removed and the right-of-way restored, or brought into the permit process, per Sec. 08. Sec. 10 lets the director revoke a permit on written notice for safety, aesthetic, or compliance failures, subject to a city council hearing, and Sec. 11 ties every permit's life to the building it serves, it expires when that building is demolished.

Violations & Fines

Constructing or maintaining a projection or encroachment without the director's written permission violates Sec. 134.02 and is a misdemeanor under Sec. 134.14. The director can revoke a permit for failing to maintain the encroachment safely, for noncompliance with permit conditions, or for creating a public hazard; after a hearing, the city council can order the encroachment removed and the right-of-way restored at the owner's expense.

Frequently Asked Questions

Do I need a permit for a retaining wall that extends into the sidewalk boulevard?
Yes. Sec. 134.03 lists retaining walls among the structures counted as an encroachment, and Sec. 134.02 makes it unlawful to build or maintain one in the public right-of-way without the public works director's written permission under Chapter 134.
Who decides whether my encroachment permit gets approved?
The director of the department of public works, per Sec. 134.04, and only where the director determines the encroachment cannot reasonably be handled entirely on private property and the area can't instead be vacated to the owner under Chapter 130.
Can the city revoke an encroachment permit after it's issued?
Yes. Sec. 134.10 lets the director revoke a permit on written notice for failing to maintain the encroachment safely, violating permit conditions, or creating a safety hazard; if defects aren't fixed in a reasonable time, the city council can revoke it after a hearing and require removal.
What if my encroachment was built before the current ordinance?
Sec. 134.08 requires anything built before March 23, 1994 without a valid permit to either be removed at the owner's expense with the right-of-way restored, or brought into compliance by applying for a permit as if it were newly installed.

Sources & Official References

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