An encroachment is an item that is placed, erected or built on the public right-of-way for private use. Common encroachments include parking, fences, underground piping, porches, canopies and signs. Permission from the City is required for items that encroach. The municipality may authorize the use of portions of the public highway for such encroachments by granting an encroachment agreement.

What is an encroachment agreement?

  • An encroachment agreement refers to a legal and binding agreement between a municipal corporation (City of Windsor) and a property owner whose property adjoins the municipal property. The Council Resolution or Chief Administrative Officer approval requires the owner/tenant to enter into a legal and binding agreement as a condition of approval to use the public right-of-way. In some cases where the tenant applies for the encroachment agreement and who operates a business, a copy of Letters Patent or Articles of Incorporation are required to determine who the principles are who will be signing the agreement.

Will I automatically be granted and encroachment agreement?

  • Once an application is made for permission to encroach, the application will be circulated for comment to affected City Departments and related agencies where applicable. The encroachment will be assessed for safety, accessibility, sight lines, conformance with City of Windsor Standards and Best Practices, etc. Application does not necessarily mean an encroachment agreement will be granted.
Engineering Department
Right-of-Way Division
350 City Hall Square West, 2nd Floor, Suite 210
Windsor, Ontario

N9A 6S1

Phone: For general information, call 311. For detailed inquires, call (519) 255-6257.