Smyrna, TN Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Director of Public Works
- Maximum driveway width
- 35 feet at outer or street edge
- Safety island between adjoining driveways
- Not less than ten feet wide
- Permit fee
- Set by Town Council in the annual fee schedule
- Notice before refilling
- At least ten hours to the Director
- Penalty section
- § 16-211, each day a separate offense
Summary
In the Town of Smyrna, Tennessee, § 16-210 requires a permit from the Director of Public Works to cut, build, or maintain a driveway across a curb or sidewalk. A driveway cannot exceed 35 feet in width at its outer or street edge, and the permit is refused for an unreasonable hazard.
No one shall cut, build, or maintain a driveway across a curb or sidewalk without first obtaining a permit from the Director of Public Works. Such permit will not be issued when the contemplated driveway is to be so located or constructed as to create an unreasonable hazard to pedestrian and/or vehicular traffic. No driveway shall exceed 35 feet in width at its outer or street edge and, when two or more adjoining driveways are provided for the same property, a safety island of not less than ten feet in width at its outer or street edge shall be provided. Driveway aprons shall not extend out onto the street. The provisions in this chapter related to deposits and letters of credit, safety restrictions, restoration, insurance, time limits, supervision, and permit fees shall also apply to cuts in this section.
Full Breakdown
Section 16-210 of the Smyrna Municipal Code is the town's permit rule for private use of the curb and sidewalk line. No one can cut, build, or maintain a driveway across a curb or sidewalk without first obtaining a permit from the Director of Public Works. The word maintain matters: an existing driveway crossing the sidewalk is covered too. The permit will not be issued when the driveway would be located or built so as to create an unreasonable hazard to pedestrian or vehicular traffic.
The section prints physical limits. No driveway can exceed 35 feet in width at its outer or street edge. When two or more adjoining driveways serve the same property, a safety island of not less than ten feet in width at its outer or street edge must be provided between them. Driveway aprons cannot extend out onto the street.
Section 16-210 also pulls in the excavation chapter. The provisions on deposits and letters of credit, safety restrictions, restoration, insurance, time limits, supervision, and permit fees apply to curb cuts. In practice that means a cash deposit set by the Director of Public Works, or a letter of credit from a financial institution in Rutherford or Davidson County under § 16-204; a certificate of insurance under § 16-207 with bodily injury limits no lower than those in the Governmental Tort Liability Act; a stated completion time under § 16-208; and notice to the Director at least ten hours before refilling begins under § 16-209. The permit fee is set by the Town Council in the annual fee schedule under § 16-203, and § 16-202 requires the application to state the location, size, purpose, and contractor.
Digging in a street, alley, or public place is a separate permit under § 16-201, with an emergency exception for people maintaining underground facilities, who must apply on the first regular business day and get a retroactive permit. Overhead encroachments are handled elsewhere: projecting signs and awnings follow the building code under § 16-104, and banners across a street need express Town Council authorization under § 16-105.
Violations & Fines
Section 16-211 subjects a violator of the excavation and curb cut chapter to a penalty under the general penalty provision of the Smyrna Municipal Code, and each day a violation is allowed to continue is a separate offense. If a person leaves an excavation unrestored after notice, § 16-206 lets the Town do the work and charge the total cost to that person.
Frequently Asked Questions
Do I need a permit to widen my driveway across the Smyrna sidewalk?
How wide can a driveway be in Smyrna?
What does a curb cut permit cost?
Is there an emergency exception for digging in the right-of-way?
Sources & Official References
Other rules in Smyrna
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Encroachment Permits in Nearby Cities
How other cities in Rutherford County handle encroachment permits.