Encroachment Permits in Virginia Beach - City Rules

Transportation Virginia 3 Minutes Read ยท published February 09, 2026 Flag of Virginia

Virginia Beach, Virginia requires an encroachment permit for most construction, excavation, or installations that extend into or affect public rights-of-way, sidewalks, streets, or other municipal property. This article explains who issues permits, how to apply, what documentation and inspections are typically required, and where to report violations. It summarizes enforcement steps, appeals, and common compliance issues so contractors, utility companies, and property owners can complete construction work while meeting city law and avoiding delays.

Always check the city permit page for current forms before beginning work.

Understanding Encroachment Permits

The City of Virginia Beach administers encroachment permits through its Public Works and permitting offices; project types include temporary lane closures, sidewalk obstructions, driveway work, and permanent structures that intrude on public property. Before work begins you must confirm ownership, right-of-way limits, and required bonds or insurance with the permitting office[1].

Penalties & Enforcement

Enforcement is handled by the enforcing department named on the permit and by Public Works or Code Enforcement for unauthorized encroachments. Specific monetary fines and daily penalties are not specified on the cited page; see the official code and permit pages for any listed amounts[2].

  • Fine amounts: not specified on the cited page.
  • Escalation: information on first, repeat, or continuing offence ranges is not specified on the cited page.
  • Non-monetary sanctions: stop-work orders, removal or restoration orders, and civil action are enforced where applicable.
  • Enforcer and inspections: Department of Public Works and permit inspectors conduct site inspections; complaints may be directed to the city permitting contact listed on the permit page[1].
  • Appeals and review: appeal routes typically follow permit denial or enforcement notices procedures; specific time limits for appeals are not specified on the cited page.
Unpermitted work may result in stop-work orders and required removal of the encroachment.

Applications & Forms

The city publishes an encroachment permit application and supporting checklist on its permitting pages; names and form numbers may vary by project type, and specific fee schedules are listed on the permit or fee pages when available. If no form is required or none is officially published, the city permit page will state that fact[1].

  • Typical form: Encroachment Permit Application (see official permit page for PDF and instructions).
  • Fees: not specified on the cited page; fee amounts and payment methods are listed on official fee schedules when published.
  • Submission: electronic or in-person submission at the city's permit counter as instructed on the permit page.

Common Violations

  • Starting work without an approved encroachment permit.
  • Failing to maintain required traffic control or pedestrian access during work.
  • Not restoring the right-of-way to required standards after completion.

Action Steps

  • Confirm whether your work affects public right-of-way and needs a permit.
  • Download and complete the encroachment permit application from the city permit page[1].
  • Pay any published fees and submit required bonds or insurance certificates.
  • Schedule inspections as required and keep records of approvals on-site.

FAQ

Do I always need an encroachment permit for construction that touches the sidewalk or street?
Yes; most work that occupies or alters the public right-of-way requires an encroachment permit from the city permitting office. Check the permit page for exceptions and small work exemptions.
How long does permit review usually take?
Review times vary by project complexity and workload; the city permit page provides current processing expectations or contact information for scheduling.[1]
What happens if I work without a permit?
Working without a permit can trigger stop-work orders, restoration requirements, fines, and potential civil enforcement; specific fine amounts are not specified on the cited page.[2]

How-To

  1. Determine whether your project intrudes on public right-of-way and identify the exact location and limits.
  2. Prepare site plans, traffic control plans, and insurance certificates required by the checklist on the permit page.
  3. Submit the encroachment permit application and supporting documents through the city portal or permit counter.
  4. Pay applicable fees and provide bonds or certificates of insurance if required.
  5. Schedule and pass any required inspections; maintain approved permit on-site during work.
  6. Restore the right-of-way as specified and close out the permit with the city.

Key Takeaways

  • Always confirm permit requirements before mobilizing to avoid stop-work orders.
  • Complete required plans and insurance documentation to speed approval.

Help and Support / Resources

  1. [1] City of Virginia Beach - Public Works: Encroachment permits
  2. [2] City of Virginia Beach Code of Ordinances - Library of Municode

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