Encroachment

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 Town 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 (Town of Amherstburg) 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 Town Departments and related agencies where applicable. The encroachment will be assessed for safety, accessibility, sight lines, conformance with Town of Amherstburg Standards and Best Practices, etc. Application does not necessarily mean an encroachment agreement will be granted.

Permission to Encroach

To request permission to encroach on public property, you must complete an application form and submit all application fees. The application form can be picked up from the Licensing and Enforcement Dept., 271 Sandwich St. S, or download the General Encroachment Application (PDF).

You must also provide a drawing illustrating the dimensions and location of the encroachment in relation to the property lines.  Include on the drawing other relevant features such as sidewalks, curbs, driveways, streetscaping items, trees, poles, etc.

Encroachment By-law 2023-061

Types of Encroachments

Residential Encroachments

• Residential encroachments are classified as structures (i.e. fences, sheds, walls, etc.), landscape feature, or private utility connection located in the public right-of-way abutting an area zoned R.1 or R.2.

Commercial Encroachments

• Commercial Encroachments are classified as any structures (i.e. signs, canopy, parking, etc.), landscape feature or private utility connection located in the public right-of-way abutting an area not zoned R.1 or R.2. 

Partially Exempt Organizations

• Partially exempt organizations are classified as churches, non-profit charities, union halls, schools and similar facilities.

Encroachment Fees

Encroachment Application

Initial Fees (Due at time of application)

• Application Fee
• Agreement Fee (Agreement Preparation includes Land Registry costs)
• $475.00 Total including HST

Additional Fees (Due Annually)

• $50.00 Annual Encroachment Fee

Providing Certificate of Insurance

To protect the Corporation of the Town of Amherstburg from any claims arising from the encroachment, a Certificate of Insurance providing the following coverage is usually required for most above-ground type encroachments:

• Add The Corporation of the Town of Amherstburg as an additional insured.
• Liability insurance in the amount of $2 million per occurrence.
• Evidence must be provided that the policy contains a cross liability clause with respect to the encroachment.
• The Corporation of the Town of Amherstburg requires 30 days written notice if a policy is altered, cancelled or allowed to lapse.

The following are standard forms issued by the Town of Amherstburg and are to be completed by the applicant's insurance broker:

• Certificate of Insurance - Standard Form
• Notice to Insurance Broker - Residential Encroachment
• Notice to Insurance Broker - Non-Residential Encroachment

The Certificate of Insurance must be approved by the Town’s Licensing & Enforcement Department and must specify the encroachment(s); provide a start date and an end date; and time to be renewed each year the encroachment exists.  When the encroachment is removed or is no longer required, it is up to the licensee to notify the Town and request a final inspection to verify that the encroachment has been removed and the right-of-way restored to the satisfaction of the Town’s Manager of Licensing & Enforcement