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

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

Key Facts

Governing section
Village Code § 430-6
Issued by
Village Administrator
Fee
Set by Village Council resolution
Deposit refund
Unused balance refunded after 6 months
Revocable for
Noncompliance with Chapter 430

Summary

Village Code § 430-6 sets the permitting process for any private use of a Shelby Village street or right-of-way authorized under Chapter 430, Article II. Applicants apply to the Village Administrator, pay a Council-set fee, and may need a bond, insurance and cash deposit before work begins.

Where permits are authorized in this article, they shall be obtained upon application to the Village Administrator, or duly authorized representative, upon such forms as the Village Administrator shall prescribe, and there shall be a charge for each such permit as set by the Village Council from time to time, except as otherwise provided by resolution of the Council. Such permit shall be revocable by the Village Administrator for failure to comply with this article, rules and regulations adopted pursuant to this article, and the lawful orders of the Village Administrator, or duly authorized representative, and shall be valid only for the period of time endorsed thereon.

Full Breakdown

Section 430-6, Permits generally; bond; insurance; deposit, governs every permit required elsewhere in Chapter 430's Road Right-of-Way Permits article, covering excavations, obstructions, and private encroachments such as fences, retaining walls, and permanent structures placed in the right-of-way under § 430-4. An applicant applies to the Village Administrator on prescribed forms and pays a charge set by the Village Council from time to time. Applying for a permit is deemed an agreement to complete the work promptly, follow all applicable laws, repair any damage done to the street surface or installations, including trees, and hold the Village harmless from resulting claims.

Where the article requires liability insurance, the policy amount is set by the Village Council, and a duplicate or photostatic copy approved as to form by the Village Administrator must be filed with the Clerk/Treasurer. Where a cash deposit is required, it is set by Council resolution and used to cover Village expenses arising from the permitted work; six months after the work is completed, any unused balance is refunded, while a shortfall must be paid by the applicant. The permit is revocable by the Village Administrator for failure to comply with Chapter 430, its implementing regulations, or the Administrator's lawful orders, and is valid only for the period endorsed on the permit itself.

Emergency street openings are the one carve-out elsewhere in the article: under § 430-7 the Administrator may authorize immediate work with the permit obtained the next business day.

Violations & Fines

Encroaching on the right-of-way without the § 430-6 permit, or violating its conditions, lets the Village Administrator revoke the permit outright and pursue the applicant's cash deposit and insurance to cover repair costs. Any deposit shortfall must still be paid by the applicant, and unpermitted encroachments remain subject to removal under § 430-19, which lets the Village clear obstructions and bill the abutting landowner.

Frequently Asked Questions

How do I apply for a right-of-way encroachment permit in Shelby Village?
Apply to the Village Administrator under § 430-6 on the prescribed forms, pay the Council-set fee, and, where required, post a cash deposit and file a liability insurance policy before starting work.
Can the Village take back an encroachment permit?
Yes. Section 430-6 makes every permit revocable by the Village Administrator for failure to comply with Chapter 430, any regulations adopted under it, or the Administrator's lawful orders, and it is valid only for the period endorsed on it.
What happens to my deposit after the work is done?
Six months after the permitted work is completed, any unused balance of the cash deposit is refunded. If the deposit does not cover the Village's actual costs and expenses, the applicant must pay the deficit.

Sources & Official References

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