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Durham, NC Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Core rule
No blocking sidewalk passage, § 62-10
Affirmative defense
Owner/occupant consent to the blocking
Permit exception
Government-issued permit, § 62-10(c)
Abutting-lot duty
Clear within 12 hrs of notice, § 62-8
Building materials
Transportation Dept. permission required, § 26-120
Violation classification
Misdemeanor

Summary

Durham bars anyone from impeding the "regular flow of travel" on a sidewalk in a way that blocks pedestrian or vehicle passage into a driveway or building entrance, under City Code § 62-10, and separately requires abutting-lot occupants to keep sidewalks and gutters clear of debris under § 62-8.

(a)It is unlawful to impede the regular flow of travel on a sidewalk in such a manner as to block a pedestrian's or motor vehicle's attempted passage into or out of a driveway, without leaving a safe and adequate alternative route into or out of the driveway. Consent to such blocking given by an owner, tenant, lawful occupant, or person in control of the property to which the driveway leads is an affirmative defense.(b)It is unlawful to impede the regular flow of travel on a sidewalk in such a manner as to block a pedestrian's or motor vehicle's attempted passage into or out of an entrance or exit of any residence, business, or public facility, without leaving a safe and adequate alternative route into or out of the entrance or exit. Consent to such blocking given by an owner, tenant, lawful occupant, or person in control of the residence, business, or public facility is an affirmative defense.

Source: Durham Code Chapter 62 Streets and SidewalksView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

Section 62-10(a) makes it unlawful to impede the regular flow of travel on a sidewalk so as to block a pedestrian's or motor vehicle's passage into or out of a driveway "without leaving a safe and adequate alternative route," and § 62-10(b) extends the same rule to blocking an entrance or exit of any residence, business, or public facility. Consent from the property owner, tenant, lawful occupant, or person in control is an affirmative defense under both subsections, and § 62-10(c) exempts acts done in conformity with a government-issued permit; § 62-10(d) preserves related sections 66-108 and 66-109. "

Violations & Fines

Blocking a sidewalk's regular flow of travel without consent or a permit is a misdemeanor under § 62-10(e). Failing to clear an abutting sidewalk within 12 hours of city notice violates § 62-8, and leaving building materials on a street or sidewalk without Transportation Department permission violates § 26-120: each is independently charged as a misdemeanor.

Frequently Asked Questions

Can a business block the sidewalk in front of its entrance in Durham?
Only with consent or a permit. City Code § 62-10(b) makes it unlawful to impede sidewalk travel so as to block passage into or out of an entrance or exit of a residence, business or public facility "without leaving a safe and adequate alternative route," though consent from the owner, tenant, or person in control is an affirmative defense, and a government-issued permit followed in conformity also excuses the blocking under § 62-10(c).
Who has to clear rubbish or materials off a Durham sidewalk?
Section 62-8 puts that duty on "the occupant of a lot abutting on any street," who must keep the sidewalk clear and the gutter open; if rubbish, dirt, ashes or other material is left without authority, the occupant must remove it within 12 hours after oral or written notice from the city, or face a misdemeanor charge.
Do I need permission to leave building materials on a Durham street or sidewalk while I'm working?
Yes. Section 26-120 makes it unlawful to drop, place or leave brick, stone, gravel, sand or other building materials on a public street, sidewalk or other public way without immediately removing it, "except upon permission of the transportation department", so a contractor needs sign-off from Durham's Transportation Department before materials can sit in the right-of-way.

Sources & Official References

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