Virginia Beach, VA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Application fee
- $250 per Sec. 33-113.02
- Liability insurance required
- $500,000 minimum
- Removal deadline after notice
- 30 days
- Civil penalty for violations
- up to $100/day
- Approving authority
- city manager or city council
Summary
Virginia Beach requires a $250 encroachment permit before placing any private structure, sign, or improvement in a public street, alley, or right-of-way, and unauthorized encroachments face removal and daily fines.
Except as otherwise provided in this article, applications for encroachments into public streets, roads, alleys or other public rights-of-way or other public property shall be made to the city manager of his designee. A fee of two hundred fifty dollars ($250.00) shall be paid to the city for the processing of an application for an encroachment. No such application shall be accepted unless the fee therefor is paid at the time the application is filed. The city manager or his designee is hereby authorized and directed to adopt a procedure for the processing of such applications and, where city council approval is required, the reporting to the city council of any detrimental effect which a requested encroachment may have on the public health, safety, welfare or interest.
(Ord. No. 3428, 10-6-15)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 170 Update 1).
Full Breakdown
Anyone wanting to place a structure, sign, planter, or other improvement in, over, or under a Virginia Beach street, alley, or public right-of-way must apply to the city manager's office and pay a $250 processing fee under Sec. 33-113.02. City council can grant, deny, or condition the encroachment, and every approval is treated as a revocable license rather than a right. Applicants must carry $500,000 in liability insurance, indemnify the city, and remove the encroachment within 30 days of a notice to do so. A short list of low-impact items, including driveway aprons and private sidewalks tying into public ones, is exempt under Sec. 33-114.5.
Violations & Fines
Unauthorized encroachments draw a written notice to cure or remove; ignoring it brings a civil penalty of up to $100 per day, city removal at the owner's expense, or immediate removal without notice if the encroachment is hazardous.
Frequently Asked Questions
Do I need a permit to put a fence, sign, or planter in the Virginia Beach right-of-way?
What happens if I build in the right-of-way without a permit?
Sources & Official References
Other rules in Virginia Beach
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