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Acworth, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit issuer
City manager or designee
Approval required from
Public works/power director
Permit term
1 year, auto-renews
Pole height cap
48 feet in residential areas
Restoration deadline
20 working days after notice
Unstarted work expires after
6 months

Summary

Acworth requires anyone placing a pole, wire, cable or conduit in a city street right-of-way to obtain a right-of-way encroachment permit from the city manager's office before starting work. The permit is issued in duplicate, its fee is set by the city's schedule of fees and charges, and it automatically renews each year unless the permittee defaults.

It shall be unlawful for any person, except a franchisee, to place a pole, telephone or telegraph wire, cable or conduit upon, under, above or in the right-of-way of a city street without first having obtained from the city manager or designee, a permit to do so. ... The fee for a permit under this division shall be as fixed by the mayor and board of aldermen as set forth in the schedule of fees and charges on file with the office of the city clerk. ... The right-of-way encroachment permit ... shall remain in place for one year and renew each subsequent year automatically unless the utility is in default.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 27).

Full Breakdown

Under Acworth Code of Ordinances § 82-71, it is unlawful for anyone except a franchisee to place a pole, telephone or telegraph wire, cable or conduit upon, under, above or in a city street right-of-way without first getting a permit from the city manager or a designee. The application must be approved by the public works/power director and issued in duplicate, specifying the street, the purpose of the installation, the type and length of wire or conduit, the extent of construction and the time allowed to finish the work.

The permit fee is set separately under § 82-72, tied to the fee schedule kept on file with the city clerk rather than a fixed dollar figure in the code itself. Section 82-73 layers on conditions: the permittee must hold the city harmless for property damage or injury from the installation, follow the state DOT's 2009 Utility Accommodation Policy and Standards Manual, and cap any new pole height at 48 feet in residential areas, with no stand-alone monopoles allowed. Section 82-74 makes the permittee responsible for restoring any street or right-of-way it disturbs, and if repairs are not started within 20 working days of written notice, the city or property owner can do the work and bill the utility.

Under § 82-76, the permit runs for one year and renews automatically each year unless the director finds the holder in default (violating permit terms, evading the article, committing fraud, misrepresenting facts, or missing a fee payment); the utility then gets 20 working days to cure, and if it fails, 15 more calendar days after written notice of intended termination before the permit is declared terminated. A permit not started within six months of issuance expires automatically.

Violations & Fines

Failing to comply with the permit's terms can lead to revocation of the encroachment permit and an order to remove the installed facilities from the right-of-way under § 82-73. Section 82-77 treats unauthorized use or placement in the right-of-way, and any continuing failure to comply, as a separate offense for each day it continues.

Frequently Asked Questions

Who issues Acworth's right-of-way encroachment permit?
The city manager or a designee issues the permit, but it must also carry the approval of the public works/power director before it is valid under § 82-71. The application has to specify the street, the purpose of the work, the type and length of wire or conduit involved, the scope of construction, and the time allotted to finish.
How long does an Acworth encroachment permit last?
Under § 82-76, the permit stays in place for one year and renews automatically each following year as long as the permittee is not in default. Default includes violating permit terms, evading the article's requirements, committing fraud on the city, misrepresenting facts in the application, or failing to pay a required fee.
What happens if I do not fix the street after installing my utility line?
Section 82-74 makes you liable, at your own cost, to repair or replace any street or property your work disturbs to a condition as good as before. If you do not start the repair within 20 working days of the city's written notice, the city or the affected property owner may do the work and bill you for the reasonable cost.
Can Acworth revoke my encroachment permit?
Yes. Section 82-73 allows revocation, plus removal of your facilities from the right-of-way, if you fail to comply with the permit's terms and conditions. Section 82-76 adds a formal default process: written notice, 20 working days to cure, and if you still have not cured, 15 more calendar days before the permit is declared terminated.

Sources & Official References

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