Do I always need a permit to work near the sidewalk or street?

Yes, most permanent and many temporary uses of the public right-of-way require an encroachment or right-of-way permit from City of Memphis Public Works; contact the permitting office to confirm for your project.

How long does permit review take?

Review times vary by scope and workload; expedited reviews may be available for urgent safety work—ask the permits office for current turnaround times.

What if my encroachment is already in place?

Existing unpermitted encroachments may be subject to enforcement action; you should contact Public Works to apply for a retroactive permit or to learn removal requirements.

Encroachment Permit Guide - New South Memphis

Transportation Tennessee 4 Minutes Read · published February 08, 2026

New South Memphis, Tennessee property owners, contractors and developers must follow city rules when work, structures or landscaping extend into public right-of-way. This guide explains who enforces encroachment and right-of-way permits in New South Memphis, the typical application steps, required documentation, common violations, and how to appeal or remedy orders. It synthesizes the City of Memphis municipal code and Public Works permitting practice so you can prepare an application, avoid delays, and reduce enforcement risk.

Overview of Encroachment Permits

Encroachment permits cover temporary and permanent uses of streets, sidewalks, alleys, and other public right-of-way, including driveways, retaining walls, signs, fences, landscaping, and construction staging. The City of Memphis enforces right-of-way rules through its municipal code and Public Works permitting process; specific ordinance text and definitions are in the municipal code.^[1]

Penalties & Enforcement

The municipal code and Public Works guidance govern penalties, inspections, and enforcement of encroachments in Memphis and its neighborhoods, including New South Memphis. Where the municipal code or permit pages list fines or sanctions those figures control; where the official pages do not state amounts, the guide notes that the amount is not specified on the cited page and directs you to the enforcing office for current fees and fines.^[1]

Fines: not specified on the cited page; contact Public Works for current fine schedules and civil penalties.^[2]
Escalation: first versus repeat or continuing offences are addressed by notice, corrective order, and possible civil penalties; specific dollar amounts or daily fines are not specified on the cited page.^[1]
Non-monetary sanctions: orders to remove encroachments, permit revocation, stop-work orders, and referral to municipal court or civil injunctions are available remedies under city enforcement provisions.^[1]
Enforcer and inspections: City of Memphis Public Works and Code Enforcement conduct inspections, accept complaints, and issue permits or removal orders; see the Public Works permits page for submission and contact instructions.^[2]
Appeals and review: the municipal code provides administrative appeal routes and may require appeals to be filed within a set period; if no deadline is shown on the cited page, it is not specified on the cited page and you must request the appeal timeline from the issuing office.^[1]

Appeal deadlines are time-sensitive—contact the issuing office immediately on receipt of an enforcement notice.

Applications & Forms

Permit application names, form numbers, fees and submission methods are published by Public Works; where a downloadable application or fee schedule is available it will be on the City's permits page. If a specific form number or fee is not listed on the cited page the document is not specified on the cited page and you should request the current application from Public Works before starting work.^[2]

Common required items: completed encroachment application, site plan or drawing showing dimensions, proof of insurance, contractor information, and traffic control plan where applicable.
Fees: fee schedules are published by the permitting office; specific dollar amounts are not specified on the cited page and must be confirmed with Public Works.^[2]
Submission: typically filed with City of Memphis Public Works or Engineering division either online or at the permit counter; confirm current method with the department.^[2]

Retain copies of stamped permits and site plans on site while work is underway.

How to Prepare Your Application

Document existing conditions with photos and measured drawings showing how the proposed work interacts with the curb, sidewalk, and utilities.
Include construction staging and traffic control plans for any lane closures or sidewalk interruptions.
Arrange required insurance certificates and any bonds specified by the city prior to permit issuance.

Common Violations

Unpermitted permanent structures (fences, retaining walls) placed in public right-of-way.
Construction staging or materials stored on sidewalks without an approved permit or pedestrian detour.
Failure to obtain a permit for encroachments such as signs, canopies, or driveway modifications.

FAQ

Do I always need a permit to work near the sidewalk or street?: Yes, most permanent and many temporary uses of the public right-of-way require an encroachment or right-of-way permit from City of Memphis Public Works; contact the permitting office to confirm for your project.
How long does permit review take?: Review times vary by scope and workload; expedited reviews may be available for urgent safety work—ask the permits office for current turnaround times.
What if my encroachment is already in place?: Existing unpermitted encroachments may be subject to enforcement action; you should contact Public Works to apply for a retroactive permit or to learn removal requirements.

How-To

Confirm jurisdiction and need for a permit by contacting City of Memphis Public Works or reviewing the municipal code definitions.^[1]
Prepare site drawings, photos, traffic control plans, and insurance certificates required by the application checklist.
Submit the completed application and attachments to Public Works and pay the required fees; follow up on review comments promptly.
Obtain the stamped permit before beginning work and keep permit documents on site during construction.
If cited, follow the corrective order or appeal within the deadline provided by the issuing office.

Key Takeaways

Always check with City of Memphis Public Works before beginning work that affects sidewalks, streets, or other right-of-way.
Complete documentation, traffic control plans, and insurance proof reduce review time and enforcement risk.