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West Jordan, UT Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit issuer
city engineer
Unpermitted-encroachment fee
2x normal permit fee
Civil fine, residential street
$1,500 per day
Civil fine, collector street
$2,500 per day
Civil fine, arterial street
$5,000 per day
Criminal penalty
class B misdemeanor, per day
Exception
active agricultural use on untraveled ROW

Summary

Anyone who wants to work in or use a West Jordan public right-of-way, from digging a trench to placing a structure, must get an encroachment permit from the city engineer first under City Code section 8-8-3. Encroaching without one costs double the normal permit fee and can bring criminal and civil penalties up to $5,000 per day.

A. Permit Required; Exceptions: 1. It shall be unlawful for any person, agency or entity to encroach, or to make or cause to be made any encroachment, upon, over, under or within any right-of-way in city without first obtaining a permit from the city engineer. 2. An owner, lessee, or person in control of property under active agricultural use and immediately abutting the right-of-way may, without obtaining a permit, use the untraveled portion of the right-of-way abutting such property for the growing and maintenance of agricultural crops so long as such use does not interfere with vehicular or pedestrian traffic, or drainage of the right-of-way. ... 3. Any person found to be causing an encroachment in the right-of-way without having a valid and unexpired encroachment permit shall be required to pay a fee equal to two (2) times the normal encroachment permit fee.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-38: Code current through: Ord. 26-33, passed 6-23-2026).

Full Breakdown

City Code section 8-8-3(A)(1) makes it unlawful for any person, agency or entity to encroach, or cause an encroachment, on, over, under or within any right-of-way in the city without first obtaining a permit from the city engineer. "Encroach" is defined broadly in section 8-8-2 to include excavating, stockpiling material, building a pathway, curb, driveway or structure, planting or removing vegetation, or parking an oversized vehicle in the right-of-way. Section 8-8-3(A)(2) carves out one exception: an owner, lessee or person in active agricultural use immediately abutting the right-of-way may use its untraveled portion for growing and maintaining crops without a permit, as long as that use does not interfere with traffic or drainage.

Applicants file with the city engineer, pay the council-adopted fee, and post any required security and insurance certificate before a permit issues, per section 8-8-3(B) and (E)(1). If someone is caught encroaching without a valid, unexpired permit, section 8-8-3(E)(3) requires them to pay a fee equal to two times the normal encroachment permit fee, on top of the criminal and civil exposure in section 8-8-17. That section makes an unpermitted encroachment a class B misdemeanor with each day a separate offense, and sets civil penalties of $1,500 per day on a residential street, $2,500 per day on a collector street, and $5,000 per day on an arterial street. The public works department enforces the chapter under section 8-8-13 and may pursue civil or criminal remedies, or both, at its discretion.

Violations & Fines

Encroaching in the right-of-way without a valid permit draws a doubled permit fee under section 8-8-3(E)(3), plus the penalties in section 8-8-17: a class B misdemeanor for each day the unpermitted encroachment continues, and civil fines of $1,500 per day on residential streets, $2,500 per day on collector streets and $5,000 per day on arterial streets. The public works department, per section 8-8-13, may pursue civil and criminal cases at the same time, except that same-day civil fines drop if a criminal charge is also filed.

Frequently Asked Questions

Do I need a permit to put something in the West Jordan right-of-way?
Yes. Section 8-8-3(A)(1) makes it unlawful to encroach, or cause an encroachment, on, over, under or within any right-of-way without a permit from the city engineer first. "Encroach" covers excavation, stockpiled material, structures, fences, plantings and oversized vehicles under section 8-8-2.
What happens if I do work in the right-of-way without a permit?
Section 8-8-3(E)(3) requires paying double the normal encroachment permit fee, and section 8-8-17 adds a class B misdemeanor charge plus civil fines that run $1,500 to $5,000 per day depending on whether the street is residential, collector or arterial, with each day counted separately.
Is there any encroachment that never needs a permit?
Section 8-8-3(A)(2) exempts an owner, lessee or person in active agricultural use immediately abutting the right-of-way from getting a permit to use its untraveled portion for growing and maintaining crops, provided that use does not interfere with traffic or drainage.
Who reviews and issues encroachment permits in West Jordan?
The city engineer, per section 8-8-3(F), reviews the application, fees, security and other required items and may deny the permit for good cause, such as an unqualified applicant or a project the engineer finds detrimental to public health, safety or welfare.

Sources & Official References

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