Tempe, AZ Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Tempe City Code Chapter 29, Article II governs encroachments and other activities in public rights-of-way. Section 29-19(a) bars any work in a right-of-way except under a permit or license issued by the City Engineer, who sets the forms, rules, and procedures for approval. Section 29-19(b) draws the line between the two: an encroachment permit covers temporary, removable encroachments such as awnings and commercial signs, while a license covers more permanent encroachments, including wireless facilities, buildings, and underground parking facilities that reach into the right-of-way. Permittees and licensees must give the City Engineer twenty-four hours' notice before starting work, and all work must follow the City's standard specifications and details, including design and concealment standards for wireless equipment.

Fees for permits, licenses, and right-of-way use are set by City Council resolution and listed in Appendix A. Under Section 29-18(b), anyone who starts work in the right-of-way without first obtaining the required permit or license owes an investigation fee on top of the normal permit or license fee. The City Engineer can revoke a permit or license or impose an investigation fee, and Section 29-18(d) lets the holder appeal that decision in writing to the City Manager within ten days of the revocation or fee. Permit holders and licensees must also defend, indemnify, and hold the City harmless for any damages arising from their right-of-way work.