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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Yes. Section 16-210 says no one can cut, build, or maintain a driveway across a curb or sidewalk without first getting a permit from the Director of Public Works. The permit is refused if the driveway would create an unreasonable hazard to pedestrian or vehicular traffic.
How wide can a driveway be in Smyrna?
No driveway can exceed 35 feet in width at its outer or street edge. If 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 is required, and aprons cannot extend out onto the street.
What does a curb cut permit cost?
The fee is a sum set by the Town Council in the annual fee schedule under § 16-203, and § 16-210 applies the permit fee provision to curb cuts. The Director of Public Works also sets a cash deposit for restoration of paved areas, or accepts a letter of credit.
Is there an emergency exception for digging in the right-of-way?
Only for a person maintaining pipes, lines, or other underground facilities in or under a street. Under § 16-201 that person can proceed without a permit when emergency circumstances demand immediate work and a permit cannot practicably be obtained, then must apply on the first regular business day, and the permit is retroactive.

Sources & Official References

Other rules in Smyrna

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Significant Restrictions