Wilmington, NC Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 18-697(a) bars "any building, fence, wall or any other structure or fixture" from encroaching on or using public streets or sidewalks, with an exception the council may grant for property in the National Register of Historic Places or a locally designated historic district. Subsection (b) lets the council approve encroachments for drainage facilities anywhere in the city on the city manager's recommendation, and subsection (c) covers privately owned drives, walks, utility mains and services, signs and fences across city easements, rights-of-way or city-owned property, again on the manager's recommendation and only if the encroachment would not "substantially impair or hinder the city's use of its property."

Every council-granted encroachment requires an encroachment agreement executed by the mayor and approved by the city attorney, built to standards set by the city engineer under § 18-697(d). The grantee pays the city "an amount equal to the fair market value of said encroachment," or, at the grantee's option, the flat fee set in the city's fee schedule under § 18-697(f). Subsection (g) reserves faster handling for minor cases: the city manager alone may permit small fence and utility-connection encroachments, unless the encroachment interferes with city facilities, a planned city project, increases city maintenance costs, or the manager decides council approval is warranted. Separately, § 18-701 requires its own permit from the city engineer before any awning or canopy is erected over a sidewalk or street, with a minimum seven-foot ground clearance.