Types of Encroachments

On May 26, 2025, Council Resolution 213/2025 approved a change to the Encroachment Policy allowing specific residential encroachments, minor in nature (as determined by the City Engineer), to exist under a permit instead of through an encroachment agreement. The information below provides a breakdown of the available encroachment types. 

Residential Encroachments (abutting an area zoned R.1 or R.2)

Minor Residential Encroachment

  • Personal property, including but not limited to single steps as part of a leadwalk, decorative rocks or boulders, landscape logs, picket fences with no foundations, plastic landscape boarders, lawn ornaments, or any other personal property as determined by the City Engineer in its sole discretion, that is placed, occupied or maintained upon any municipal right-of-way abutting a residential property: 
    • Provided such minor encroachments are maintained and do not pose a risk of injury or property damage, to be determined by the City Engineer or City Solicitor, a permit with insurance satisfactory to Risk Management will be required.

Major Residential Encroachment

  • Any personal property other than landscaping or a minor encroachment that is placed, occupied or maintained upon any municipal right-of-way abutting a residential property, including but not limited to signs, fences, sheds, porches, footings, canopies, parking areas, curbing, vaults, structures (in whole or part) and private sewers:
    • Provided such major encroachments are maintained and do not pose a risk of injury or property damage, to be determined by the City Engineer or City Solicitor, an encroachment agreement and permit with insurance satisfactory to Risk Management will be required.

Non-Residential Encroachments (abutting an area not zoned R.1 or R.2)

  • Any personal property other than landscaping that is placed, occupied or maintained upon any municipal right-of-way abutting non-residential property, including but not limited to signs, fences, sheds, porches, footings, canopies, parking areas, decorative or landscape rocks or boulders, logs, curbing, vaults, structures (in whole or part) and private sewers

Partially Exempt Organizations (classified as churches, non-profit charities, union halls, schools and similar facilities)

  • Any personal property other than landscaping that is placed, occupied or maintained upon any municipal right-of-way abutting lands owned by a partially exempt organization, including but not limited to signs, fences, sheds, porches, footings, canopies, parking areas, decorative or landscape rocks or boulders, logs, curbing, vaults, structures (in whole or part) and private sewers:
    • Provided such encroachments are maintained and do not pose a risk of injury or property damage, to be determined by the City Engineer or City Solicitor, an encroachment agreement and permit with insurance satisfactory to Risk Management will be required.

Engineering Department
Right-of-Way Division
350 City Hall Square West, 2nd Floor, Suite 210
Windsor, Ontario
Canada
N9A 6S1 

Phone: For general information, call 311. For detailed inquiries, call (519) 255-6257.
Email: engineeringdept@citywindsor.ca