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Arlington County, VA Special Events & Permits: Sidewalk Dining & Cafés (2026)

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

Key Facts

Licensing authority
County Manager, Code § 70-5
License term
Annual, expires June 30
Annual fee due
July 1 each year
Late renewal
Reinstatement Fee added
Umbrella clearance required
6 feet 8 inches above sidewalk
Fence/barrier limit
Under 3 feet, removable
Penalty
Class 4 misdemeanor, per-day offense

Summary

A restaurant that wants tables and chairs on an Arlington County sidewalk needs an annual Outdoor Cafe License from the County Manager under Code Chapter 70. The owner files a detailed plan, pays an application fee plus an annual license fee, carries liability insurance, and renews every year by July 1 or the license lapses.

These county ordinances apply to unincorporated areas of Arlington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

A. License for Certain Outdoor Cafés. Outdoor Cafés located over, under, upon, and within a Public Space, otherwise allowed by the Zoning Ordinance and the Building Code, may be permitted by an annual Outdoor Café License in accordance with the requirements of this Chapter, provided that: ... 5. The Applicant, along with the written consent of the owner of the property upon which an Outdoor Café is located, submits an initial application and Application Fee (see §70-3 above) and for subsequent renewals, an annual Outdoor Café license fee (“Annual Fee”) for the use of the Public Space in the amount specified by the County Board in an approved fee schedule and as provided in §70-5.C. below. ... The Outdoor Café License shall be valid only through June 30 of the following calendar year and shall thereafter be renewed on an annual basis.

Full Breakdown

Section 70-5 lets restaurants place an outdoor cafe over, under or within the public right-of-way only if it is otherwise allowed by the Zoning Ordinance and Building Code and meets Chapter 70's conditions: nothing may be permanently affixed to the ground except low fences or barriers under 3 feet tall that are removable and leave the surface flush when taken out, the cafe cannot interfere with utilities or infrastructure, and it cannot sit in fire lanes, bike or vehicle travel ways, loading docks, transit stops or emergency access routes.

The Applicant, with the property owner's written consent, files an Outdoor Cafe Plan with the County Manager showing the sidewalk width from building face to curb, tree wells, lamp posts, signal poles, trash receptacles and other streetscape features, and the layout of tables, chairs, barriers and umbrellas, to let the Manager confirm adequate space remains for safe pedestrian circulation. The Manager may approve, condition or deny the application; the license and plan must be posted on site. E, cafes must stay sanitary and free of litter, may not include tents, awnings or signs, and any table umbrella must keep at least 6 feet 8 inches of clearance above the sidewalk.

The license runs only through June 30 of the following year and must be renewed annually; the Annual Fee set by the County Board's fee schedule under § 70-6 is due every July 1, and a Reinstatement Fee applies on top of it if payment or insurance documentation lapses. The license is not transferable to a new owner, who must file a fresh application and pay a new Application Fee. When a license ends, all fencing and barriers must come out and any holes in the sidewalk filled or capped.

Violations & Fines

Using a public space for an outdoor cafe in violation of Chapter 70 is a Class 4 misdemeanor under § 70-7, punishable by the state-law fine for misdemeanors, with each day of continuing violation a separate offense. Failing to meet the license conditions can also trigger termination or revocation of the Outdoor Cafe License under § 70-5.B.7, after which the operator must remove all cafe fixtures and restore the sidewalk.

Frequently Asked Questions

How do I get a sidewalk cafe permit in Arlington County?
File an Outdoor Cafe Plan with the County Manager under § 70-5, with the property owner's written consent, showing the sidewalk layout, dimensions and streetscape features, and pay the Application Fee plus the annual license fee before the Manager will approve it.
When does an Arlington County outdoor cafe license expire?
Every license runs only through June 30 of the following calendar year regardless of when it was issued, and must be renewed annually; the Annual Fee is due each July 1 or a Reinstatement Fee applies.
Can I put a fence around my sidewalk cafe seating?
Only a low fence or barrier under 3 feet tall that is removable and, once taken out, leaves the sidewalk surface flush; anything permanently affixed to the ground otherwise is not allowed under § 70-5.A.1.
Can I sell or transfer my Arlington County outdoor cafe license to a new owner?
No. Section 70-5.D makes the license non-transferable; a new owner must file a brand-new application, submit all required documents and pay the Application Fee again.

Sources & Official References

Other rules in Arlington County

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