City of Tempe, AZ
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Per Section 29-19 of the Tempe City Code, all public right-of-way encroachments require a valid permit or license with updated fees paid annually. The City Engineer may issue the following permissions for encroachments in the public right-of-way:
Permit: Encroachment permits allow encroachments of a temporary and removable nature in the public right-of-way. These encroachments are typically surface or aerial use encroachments that are easily removable, including, but not limited to, awnings and commercial signs.
License: Encroachment licenses (also referred to as licenses for special use) allow encroachments of a more permanent nature, including, but not limited to, wireless facilities, buildings, and underground parking facilities that impact the City’s right-of-way.
What is an encroachment?
An encroachment is a privately owned structure or infrastructure that is placed within the public right-of-way. Some examples of encroachments are benches, retaining walls, planter boxes, underground shoring, or stairs and handrails located in the public right-of-way. The extension of restaurant dining into outdoor spaces within the right-of-way is also a type of encroachment.
What is the Public Right-of-Way?
A public right-of-way is a legal area of land that is owned by the City. This includes streets, sidewalks, and buffer zones between property lines and sidewalks. It also contains public utilities like electrical and water lines.
Can I place something in the Public Right-of-Way?
Most encroachments are only allowed to be placed by, or for, a property owner and only next to the property that they own. Some types of encroachments are only allowed when placed by a neighborhood organization, a business association, or a franchised utility.
Most types of encroachments require a permit or a license, known as a revocable encroachment permit/license. Before a revocable encroachment permit can be issued, an application must be submitted for review and approval.
For more details, please review the City of Tempe's Encroachment Permit/License Application, Procedures and Requirements.
Encroachment Applications