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Shelby County, TN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permitting authority
Shelby County Engineer
Initial permit fee
$10.00
Permit must be posted
At the work site until inspected
Exemption
Debris/grass removal causing no surface damage
Code basis
Code 1992 § 26.5-59; Ord. No. 128 (1993)

Summary

Anyone doing work on a sidewalk, driveway apron, or the street area from the curb to the property line in unincorporated Shelby County must get a work permit from the county engineer first. The permit costs $10.00 and must stay posted at the job site until an inspector signs off.

City-specific rules exist: Memphis has its own encroachment permits rules that differ from Shelby County's county-level regulations. If you live in Memphis, check the city-specific page instead.

Except for the laying or construction of a sidewalk in a developing area as provided for in this article, it shall be an offense for any person to lay, construct, repair or rebuild a sidewalk, hire others to work upon, or knowingly permit work to be done on any part of a sidewalk or driveway apron or street from the curb to the property line, without first obtaining a permit from the county engineer to do such work. The initial fee for such permit shall be $10.00.

Full Breakdown

Shelby County Code Sec. 38-51 makes it an offense to lay, construct, repair, or rebuild a sidewalk, or to knowingly permit work on any part of a sidewalk or driveway apron or street between the curb and the property line, without a work permit from the county engineer. The one exception is new sidewalk construction in a developing area, which is governed separately under the county's sidewalk-in-developing-areas provision. The permit itself must specify the place where the work is to be done, the nature of the work, and the material to be used, per subsection (b).

00; where the county itself lays a sidewalk and bills the property owner for construction costs, the permit fee is folded into that bill of costs and collected the same way. Subsection (a) also requires the permit to be conspicuously posted at the work site and kept there until the county engineer or a representative inspects and completes the work. Subsection (c) carves out routine maintenance from the permit requirement: removing grass, weeds, trash, debris, or other obstructions is exempt as long as it does not damage the sidewalk surface or endanger anyone lawfully using it.

5-59, and was last amended by Ord. No. 128, § 9 on October 4, 1993. Because the definition covers driveway aprons and the curb-to-property-line street strip, not just poured sidewalk sections, the permit functions as the county's basic mechanism for controlling private encroachment onto the public right-of-way whenever construction work is involved.

Violations & Fines

Working on a sidewalk, driveway apron, or curb-to-property-line street area without the county engineer's permit is a code offense under Sec. 38-51(a), enforced by the county engineer's office. Failing to post the permit at the work site, or performing work that departs from the conditions and directions stated in the issued permit, is also a violation. Routine debris removal that does not damage the surface remains exempt and does not require a permit.

Frequently Asked Questions

Do I need a permit to repair my own driveway apron in unincorporated Shelby County?
Yes. Sec. 38-51(a) requires a work permit from the county engineer before repairing, rebuilding, or laying any driveway apron or sidewalk section between the curb and your property line, unless the work is only removing grass or debris without damaging the surface.
How much does the Shelby County sidewalk work permit cost?
The initial fee is $10.00 under Sec. 38-51(a). If the county performs the sidewalk work and bills you for construction, the permit cost is added to that bill and collected the same way as the construction charges.
What has to be on the permit itself?
Sec. 38-51(b) requires the permit to state where the work will happen, what the work involves, and what material will be used to build it, so the county engineer can confirm the finished work matches what was approved.
Can I remove weeds or trash from a sidewalk without a permit?
Yes. Sec. 38-51(c) exempts removing grass, weeds, trash, debris, or other obstructions from the permit requirement, as long as the removal does not damage the sidewalk surface or endanger people using it.

Sources & Official References

Other rules in Shelby County

All Shelby County rules

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