Scottsdale, AZ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit for private items
- PIR under Sec. 47-51
- Permit for work/activity
- PWR under Sec. 47-50
- Deciding official
- Right-of-Way Supervisor (final)
- No-permit landscaping height
- Under 18 inches, no alleys
- Fine, no PWR obtained
- $400.00 minimum per day
- Fine, imminent-risk encroachment
- $1,500.00 minimum per day
Summary
Scottsdale requires a permit for private improvements in the right-of-way (PIR) before anyone builds or installs anything private in a public street, sidewalk or easement area. The Right-of-Way Supervisor decides whether a PIR or a work permit (PWR) applies, and that call is final.
No person shall construct or install any private improvement in the right-of-way, except as follows. A person proposing to construct or install any private improvement in the right-of-way must have a permit for private improvements in the right-of-way (PIR). If there is a question about whether a PIR is required, the Right-of-Way Supervisor shall determine if a PIR is required. The determination is final.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 80).
Full Breakdown
City Code Chapter 47 splits right-of-way permits into two types. A permit to work in the right-of-way (PWR), covered at Sec. 47-50, is required for activity such as construction, boring and potholing, curb cuts, dumpsters and utility testing in the right-of-way; regular users like utility crews or commercial landscapers can get an Annual PWR instead of applying each time. A separate permit for private improvements in the right-of-way (PIR), Sec. 47-51, is required before any private improvement is built or installed in the right-of-way at all, unless the improvement falls under the small list of exemptions in Sec.
47-46(c): low ground cover under 18 inches, small rock or paver landscaping under 18 inches, irrigation conduit two inches or smaller, and a break-away mailbox post no larger than 4x4 inches, none of which are allowed in alleys. Every PWR and PIR holder must carry insurance, indemnify the city, obtain any other required permits (building permit, barricade plan, native plant permit), and comply with the Design Standards and Policies Manual. The city can add a cash-deposit or letter-of-credit condition under Sec. 47-50(e) if a project would impair existing public improvements or sits on a collector-or-higher-volume right-of-way.
Permits are revocable with cause, are not transferable except with a sale of the adjoining land, and Sec. 47-52 makes clear a permit never authorizes a violation of any other city code.
Violations & Fines
Working in the right-of-way without a required PWR, or continuing to work after one expires, is a civil offense carrying a minimum fine of $400.00 per day under Sec. 47-102(c) and (d). Placing an encroachment that creates an imminent risk of injury or death carries a $1,500.00 per-day minimum fine under Sec. 47-102(a); unauthorized paving, construction or drainage changes in the right-of-way carry a $1,000.00 per-day minimum under Sec. 47-102(b). Sec. 47-104 also lets the city stop work, revoke the permit, and remove or restore the encroachment at the responsible party's expense.
Frequently Asked Questions
Do I need a permit to landscape the strip next to my curb in Scottsdale?
Who decides if my project needs a PWR or a PIR in Scottsdale?
What happens if I build in the right-of-way without a permit in Scottsdale?
Sources & Official References
Other rules in Scottsdale
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Encroachment Permits in Nearby Cities
How other cities in Maricopa County handle encroachment permits.