Weber County, UT Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Weber County Code § 32-4-2
- Curbline range
- 12.5 to 50 feet from road center by rod class
- Sidewalk width range
- 4 to 16 feet, fence line to curbline
- Permit exception
- None for sidewalks; utility poles use § 32-5-1 permission
- Default penalty
- Class B misdemeanor, up to $1,000 (§ 1-1-7)
Summary
Weber County Code Section 32-4-2 makes it unlawful to build a sidewalk past the county's designated curbline, or to encroach on a sidewalk with a building, fence, wall or post nearer than the fence line, or to make a sidewalk narrower than the widths the code fixes for each highway class. No permit process exists to authorize an exception.
It shall be unlawful to extend or construct any sidewalk so as to encroach upon any highway nearer to the center thereof than the curbline herein designated, or to encroach upon any sidewalk with any building, fence, wall, or post, nearer than the fence line, or so as to make the sidewalks narrower than the widths herein designated.
Full Breakdown
Chapter 32-4 of the Weber County Code fixes exact geometry for county roads before it bans encroachment. Section 32-4-1 sets the curbline distance from a road's center, from 50 feet on eight-rod highways down to 12.5 feet on two-rod lanes, and sets the sidewalk width between that curbline and the outer fence line, from 16 feet on eight-rod highways down to 4 feet on two-rod lanes, plus a 2-foot tree space along highways four rods or wider. Section 32-4-2 then makes it unlawful to extend or construct any sidewalk so as to encroach upon a highway nearer to the center than the curbline, to encroach upon a sidewalk with any building, fence, wall or post nearer than the fence line, or to make a sidewalk narrower than the fixed widths. Unlike Chapter 32-5's rule for utility poles, which lets a person obtain permission on a grant of right-of-way from the Board of County Commissioners under Section 32-5-1, Section 32-4-2 provides no permit or variance path: any encroachment on the designated sidewalk footprint is flatly unlawful.
The section recodifies former Code of 1985 Section 23-5-2 and has not been amended since the county's 2013 recodification, though its underlying road-width scheme dates to the original 1985 code. Because the rule is measured from the platted highway width, whether an eight-rod, six-rod or two-rod road, a property owner planning a fence, wall, post or building near a county road in the unincorporated area needs to confirm the road's rod classification with the county surveyor before building, since the curbline and fence line shift with it.
Violations & Fines
Section 32-4-2 sets no penalty of its own, so an encroachment defaults to Weber County's general penalty, Section 1-1-7: a class B misdemeanor carrying up to six months in jail and a $1,000 fine, with each day the encroachment remains counted as a separate offense. Section 32-5-3 separately directs road district supervisors to treat unlawful encroachments as obstructions to be removed.
Frequently Asked Questions
Can I get a permit to build closer to the road than the fence line?
How wide is the protected sidewalk strip on a county road?
What happens if I build a fence that encroaches on the sidewalk?
Sources & Official References
Other rules in Weber County
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