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Toledo, OH Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permitting authority
Commissioner, Division of Transportation
Roadway extension limit
1/3 of width, max 20 feet
Fire hydrant clearance
15 feet along curb line
Utility box/manhole clearance
2 feet minimum
Intersection clearance
20 feet from any street corner
Governing ordinance
Ord. 130-15, passed 3-31-15

Summary

Toledo requires a permit from the Commissioner of the Division of Transportation before anyone places material, equipment, a shed, fence or temporary walkway on the public right of way. Occupancy is capped at one-third of the roadway width, never more than twenty feet, and pedestrian access must stay open at all times.

(a) General Regulations. No person shall erect, place or store any material, equipment, shed, roof, fence or temporary walk, guard, device or any other structure on a public right of way without first obtaining a permit from the Commissioner of the Division of Transportation to do so; nor shall any person move any building or structure onto, across or over any public right of way without first obtaining a permit from the Commissioner of the Division of Transportation. ... (b)(2) Such occupancy, including the temporary sidewalk if one is required, shall not extend into the roadway of a public right of way more than one-third the width of the roadway and in no case more than twenty feet, and provided further that no such occupancy shall be within six feet of the rail of any railroad track.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-105: Complete to June 30, 2026).

Full Breakdown

Toledo Municipal Code Chapter 1361 governs private encroachments into the public right of way. 10(a) makes it unlawful to erect, place or store any material, equipment, shed, roof, fence, temporary walk, guard or device on a public right of way, or to move a building or structure onto, across or over one, without first obtaining a permit from the Commissioner of the Division of Transportation. 10(b), any granted occupancy is limited to the right of way abutting the property under construction, cannot extend into the roadway more than one-third of its width (twenty feet maximum), and must stay six feet clear of any railroad rail.

Materials or structures cannot sit within two feet of a standpipe, alarm box, utility box, catch basin or manhole, within fifteen feet of a fire hydrant measured along the curb, or within twenty feet of a street intersection where they would obstruct sightlines or traffic signals. Permit holders must keep street gutters draining, must light every excavation, pile of material, fence or obstruction after dark, and must maintain pedestrian passage on the existing sidewalk or a temporary walkway. 01(c) ties permits and permit fees for permissible projections and encroachments to the fee schedules set out in Chapters 1305 and 1307 of the Building Code. 03 further amended by Ordinance 361-25, passed September 9, 2025.

Violations & Fines

Under Section 1361.03(a), an encroachment permit is revocable at any time public necessity or public safety requires, whether ordered by the Chief Building Official, the Director of Public Service, City Council or state authorities. Once revoked, the construction must be removed at the expense of the abutting property owner, who must also indemnify the City against claims arising from the encroachment or its removal.

Frequently Asked Questions

Who issues an encroachment permit in Toledo?
The Commissioner of the Division of Transportation issues permits for temporary occupancy of the public right of way under TMC 1361.10(a). No person may place equipment, a shed, fence or temporary walkway on the right of way, or move a structure across it, without one.
How far can I extend into the street?
Under 1361.10(b)(2), occupancy including any required temporary sidewalk cannot extend into the roadway more than one-third of its width and never more than twenty feet, and must stay at least six feet from any railroad rail.
What happens if I encroach without a permit?
Section 1361.03(a) allows the City to revoke any encroachment permit whenever public necessity or safety requires, and unpermitted or revoked construction must be removed at the abutting property owner's expense, who must also indemnify the City against resulting claims.
Do I still have to maintain a walkway for pedestrians?
Yes. Section 1361.10(b)(7) requires pedestrian traffic to be maintained at all times, either on the existing sidewalk or a temporary walkway in the roadway, with a fence, railing or guard if the Chief Building Official requires one.

Sources & Official References

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