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Twin Falls, ID Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Permit issuer
Public Works Director, § 8-2-1
Surfacing, curb or sidewalk removal
Approved by the City Engineer, § 8-2-4
Unattended work
City can restore after more than 24 hours, § 8-2-5
Curb-cut permit fee
$10 per 35 feet or less of driveway
Bench sign / bench seat
$50 / $5 per year, City Council permit
New pavement
No cuts for pavement under five years old

Summary

In the City of Twin Falls, Idaho, section 8-2-1 makes it unlawful for anyone other than authorized City employees to repair, improve, alter or perform street maintenance or work on public streets or Rights-of-Way without a permit from the Public Works Director, who can attach conditions on use, indemnity, insurance and compensation for street degradation.

It is unlawful for any person, firm or corporation, other than authorized City employees, to commence to repair, improve, alter or otherwise perform any street maintenance or work upon the public streets or Rights-of-Way within the City without first having obtained a permit from the Public Works Director. In granting a permit under this Chapter, the Director shall have the authority to impose any conditions necessary to safeguard the public interest, including, but not limited to, conditions on use, construction, indemnity, insurance and compensation to the City for degradation of the useful life of streets and the Rights-of-Way. ... Any person, firm or corporation required to obtain a permit for work in, or business use of, a public street or Rights-of-Way shall file an application therefor with the Director of the Department of Public Works.

Full Breakdown

The permit rule is the opening section of Chapter 2, Use of Streets, in Title 8 of the Twin Falls City Code. Section 8-2-2 requires a written application to the Director of the Department of Public Works on City forms, conforming to the City Specifications and Standard Drawings, showing the type of construction, the length, the exact location and the purposes. Section 8-2-3 lets the Director deny an application that would create an exceptional traffic hazard, unreasonably restrict street use, disrupt curb parking or endanger pedestrians.

Section 8-2-4 sends any work that removes or destroys street surfacing, curb, curb and gutter or sidewalks to the City Engineer for approval, and says a permit does not allow entry onto private property. It also bars permits for work within the right of way unless curb is built on adjoining streets where adequate curbing is missing, and bars permits for any material other than Portland cement concrete for new construction bordering business property between the property line and curb line.

Work rules follow. Under section 8-2-5, work left unattended for more than twenty-four hours lets the superintendent of streets restore the site and bill the responsible person. Section 8-2-6 requires a fence or other suitable obstruction and at least four flares or lights burning from sunset to sunrise when work is not finished by sunset. Section 8-2-7 requires notice to the police and fire departments not less than two hours before ditching across a street starts. Section 8-2-18 refuses permits to cut pavement in place less than five years, with listed exceptions.

Fees under section 8-2-16 include a basic fee, administration and inspection costs not to exceed 20% of estimated construction cost, and street degradation costs. Section 8-2-12(B) charges $10 per thirty-five feet or less of driveway for a curb-cut permit from the City Engineer, and section 8-2-14 puts bench seats and bench signs on the right of way only by City Council permit at $50 per year per bench sign and $5 per year per bench seat.

Violations & Fines

Chapter 2 of Title 8 carries no penalty section of its own, so the general penalty in section 1-4-1 reads on violations: a fine not exceeding $1,000, up to six months in the county jail, or both. Under section 8-2-15(A), failure to restore damaged infrastructure lets the City complete the work and assess the permittee, draw against bonds, and refuse future right-of-way permits. Section 8-2-17 lets the Public Works Director suspend, revoke or modify a permit.

Frequently Asked Questions

Who issues right-of-way permits in Twin Falls?
The Public Works Director issues them under section 8-2-1. Applications go to the Director of the Department of Public Works on City forms, and any work that removes street surfacing, curb, curb and gutter or sidewalks is approved by the City Engineer under section 8-2-4. Authorized City employees are the only exception to the permit requirement.
What conditions can the City attach to a permit?
Section 8-2-1 gives the Director authority to impose any conditions necessary to safeguard the public interest, including conditions on use, construction, indemnity, insurance and compensation to the City for degradation of the useful life of streets and Rights-of-Way. Section 8-2-15(C) also authorizes the Director to require a bond or deposit.
Can I get a permit to cut recently paved street?
Not for new pavement. Section 8-2-18 defines new pavement as paving or surface treatment in place less than five years, excluding chip, slurry or fog seals, and says a permit to cut it shall not be granted. Exceptions cover emergencies, interruption of essential utility service, legally mandated work, service with no other feasible means, and cuts smaller than two square feet.
Can I put a bench on the public right of way?
Only with City Council permission under section 8-2-14. The applicant pays $50 per year per bench sign or $5 per year per bench seat, supplies a certificate of insurance for $500,000 per occurrence naming the city of Twin Falls, and leaves at least five feet of clear pedestrian space. A bench sign also needs a special use permit.

Sources & Official References

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