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

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

Key Facts

Permit required
Before any ROW construction
Covers
Utility lines, cables, wires, appurtenances
Fees
Nondiscriminatory fees apply
Governing law
Code of Ordinances Ch. 40, Art. II

Summary

Shelby requires a right-of-way encroachment permit before anyone builds or places lines, cables, or other fixtures in a city-owned street or sidewalk right-of-way.

Prior to commencing any construction within any city-owned public rights-of-way or easements, a grantee wishing to locate utility lines, cables, wires or other appurtenances must submit an application for and obtain a permit for a right-of-way encroachment agreement where applicable as well as all other necessary permits and all licenses required by federal, state and generally applicable city laws, ordinances and rules, and pay all associated nondiscriminatory fees. Further, a grantee shall comply with all applicable laws, ordinances, rules, and standards relating to the construction, operation and maintenance of a cable and/or utility system.

(Ord. No. 39-2012, § 1, 8-6-2012)

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 23).

Full Breakdown

Before digging, trenching, or installing anything in a Shelby-owned right-of-way or easement, the party doing the work must first apply for and obtain a right-of-way encroachment permit, on top of any other required city, state, or federal permits and licenses. The applicant also pays all associated nondiscriminatory fees before work starts. This covers utility lines, cables, wires, and similar appurtenances placed under or along city streets and sidewalks.

Violations & Fines

Working in the right-of-way without the encroachment permit violates Chapter 40 Article II; enforcement and penalties run through the city's general enforcement and penalty sections, Sec. 1-4 and Sec. 1-5 of the Code.

Frequently Asked Questions

Do I need a permit to run a utility line under a Shelby sidewalk?
Yes. Sec. 40-31 requires a right-of-way encroachment permit before any construction in a city-owned right-of-way or easement.
What else does the permit require?
The applicant must also get any other required federal, state, or city permits and pay all associated nondiscriminatory fees.

Sources & Official References

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