Wilmington, NC Sidewalk & Pedestrian Rules: Sidewalk Repair (2026)

Section 11-56(a) of the Wilmington City Code puts a standing duty on "every property owner in the city" to maintain the sidewalks and driveways abutting his property "in good repair and safe condition." The city will step in and repair a damaged sidewalk at no cost to the owner only when the city engineer finds that at least two of three conditions are met: the damage was caused by a tree in the public right-of-way, the sidewalk is hazardous to public safety and traceable to trees or to parties unknown, or the party responsible for the damage cannot be identified. The city manager, acting through the city engineer, makes the final call on who pays.

When the city determines the abutting owner is responsible, § 11-56(b) requires the city engineer to notify the owner and give thirty days to complete the repair to the engineer's satisfaction. If the owner misses that window, the city council may pass a resolution ordering the repair done at the owner's expense, and the cost becomes a lien on the property under Charter § 19.29, the same mechanism used for other special assessments. Owners who want the city to do the work instead can, within the same thirty-day notice period, pay the city engineer's estimated repair cost up front under § 11-56(c) and let city crews handle it. Section 11-56(d) also excuses assessment when the damage is caused directly by city crews' own work. Separately, § 11-57 requires anyone who wants to construct, reconstruct or repair a sidewalk or driveway to first obtain a permit from the city engineer and follow the city's Technical Standards and Specifications Manual, with brick sidewalks required in the historic and downtown business districts.