Public Act (PA) 300 of 1949, as amended, authorizes the Michigan Department of Transportation (MDOT) to permit the use of State highway Right-of-Way for the purposes of establishing sidewalk cafes.
Applicants may be granted an individual permit, subject to the following requirements:
- The business applying for a permit shall occupy private property located adjacent to the site requested for the duration of the permit.
- The municipality, having jurisdiction over the site, shall pass a resolution authorizing the use requested in the application. The municipality shall also agree to enforce compliance with each MDOT sidewalk café permit within their jurisdiction.
- The issuance of a permit shall not confer any property right.
- The permitted activity shall not block, obstruct, or impede vehicular or pedestrian traffic.
- The permit may be limited or revoked if a permit holder conducts activities that create an unsafe situation or interferes with transportation along the State highway Right- of-Way, or if the permit holder is in violation of the conditions of the permit.
Applicants must submit an individual permit application package through the Construction Permit System (CPS) including the following:
- A sketch identifying the layout and portion of the proposed sidewalk café that will be located within the State highway Right-of-Way.
- Resolution from the local governmental agency
- Electronic Certificate of Insurance