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Southaven, MS Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit trigger
Any modification, installation or use of a city street right-of-way
Fees and bond
Fees set by the mayor; performance bond posted first
Restoration
To city engineer standards, maintained for one year
Permit lifespan
Void if work is not completed within one year
Property rights
No right, title, claim or easement granted
Administering office
City engineering office

Summary

In the City of Southaven, Mississippi, any modification, installation or use of the public right-of-way of a city street requires an application and a granted permit before work starts. Fees are set by the mayor, a performance bond is posted first, and the permit is void if work is not finished within one year.

All modifications, installations, or use of public rights-of-way of any city street shall conform to the rules and regulations contained herein. ... Before any such modifications, installations or use as described in section 11-31 shall be commenced, the individual or company desiring to perform such work shall first submit an application and be granted a permit. Application forms shall be provided by the city. ... Permit fees in such amounts as established by the mayor shall be charged and collected, and performance bonds posted prior to issuing any permits.

Full Breakdown

Right-of-way work in the City of Southaven is governed by Title XI, Chapter 2, Utility Installations. Section 11-31 sets the reach of the chapter: all modifications, installations or use of public rights-of-way of any city street must conform to its rules. Section 11-32 then requires the individual or company that wants to do the work to submit an application and be granted a permit before the work is commenced, on forms provided by the city. Under § 11-33, permit fees in amounts established by the mayor are charged and collected, and performance bonds are posted, before any permit issues.

The permit does not create property rights. Section 11-36 states that the city does not purport, by issuing a utility permit, to grant the applicant any right, title, claim or easement on the street. Under § 11-35 the city can require and compel reconstruction or relocation of any line, pole or appurtenance within the right-of-way when the governing authority deems it necessary for repair, maintenance, widening or reconstruction, at the expense of the applicant.

Restoration is a condition of the permit. Section 11-34 requires street cuts and underground installations to be repaired, and streets, curb and gutter, drainage facilities, driveways, sidewalks and other property to be restored to the standards and specifications prepared by the city engineer. The permit holder maintains the repair for one year, and the city calls the bond if repairs are refused or prove inadequate within one year of final inspection approval. Section 11-37 voids a permit if all work is not completed within one year after issuance. Section 11-38 makes the permit holder responsible for safeguarding traffic: the police chief must be told of any work that will block or delay traffic and can prohibit blockages during heavy traffic hours, and signs, caution lights and flagmen follow the city engineer's specifications. The city engineering office administers the chapter (§ 11-41).

Small cell wireless facilities on the right-of-way follow a separate permit in § 11-42, reviewed by the director of planning, with a $500 non-recurring application fee for up to five facilities.

Violations & Fines

Under § 11-40, a person who willfully or mischievously destroys or defaces public rights-of-way without proper notification, permitting or bonding faces a fine of not more than $1,000 or up to one year in the county jail if damage does not exceed $300, and up to $5,000 or up to five years above that, plus repair costs.

Frequently Asked Questions

Do I need a permit to work in a Southaven street right-of-way?
Yes. Section 11-32 requires the individual or company desiring to perform any modification, installation or use of the public right-of-way covered by § 11-31 to submit an application and be granted a permit before the work is commenced. Application forms are provided by the city.
Does the permit give me an easement?
No. Section 11-36 says the city does not purport, by issuing a utility permit, to grant the applicant any right, title, claim or easement on the street. Section 11-35 also lets the city compel reconstruction or relocation of lines, poles or appurtenances at the applicant's expense.
How long does a right-of-way permit last?
Section 11-37 voids the permit if all work covered by it is not completed within one year after issuance. Restoration work must then be maintained by the permit holder for a one-year period under § 11-34, backed by the performance bond.
Who sets the permit fee?
Section 11-33 says permit fees in such amounts as established by the mayor are charged and collected, and performance bonds are posted, before any permit issues. The city engineering office administers the chapter under § 11-41.
What happens if someone damages the right-of-way without a permit?
Section 11-40 sets a fine of not more than $1,000 or jail of not more than one year for damage of $300 or less, and a fine of not more than $5,000 or up to five years for greater damage. The violator also pays the cost of repair.

Sources & Official References

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