Atlanta, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Dept. of Transportation, commissioner
- Required instrument
- Encroachment agreement, runs in perpetuity
- Financial conditions
- Performance bond, liability insurance, annual rental
- Cure period
- 30 days after violation notice
- Enforcement
- Municipal court citation, per-day fines
Summary
Atlanta requires a Department of Transportation encroachment agreement before anyone builds, maintains, or extends any structure, from balconies to building footings, into the public right-of-way; unauthorized encroachments face removal and municipal court citation.
It shall be prohibited and shall be unlawful for any person to erect or maintain any temporary or permanent right-of-way encroachment in the city, unless that encroachment is covered by an encroachment agreement administered by the department of transportation.
Full Breakdown
City Code § 138-24 makes it unlawful to erect or maintain any temporary or permanent right-of-way encroachment in Atlanta without an encroachment agreement administered by the Department of Transportation. Encroachments include bridges, tunnels, pipes, wires, vaults, basements, canopies, balconies, and any building element, footings, foundations, or projections, that extends into the right-of-way. The agreement runs in perpetuity, binds successors in title, and requires a performance bond, public liability insurance, and an annual rental paid per cubic foot of space occupied. The commissioner of transportation can also demand relocation of encroaching facilities at the owner's expense to maintain the right-of-way.
Violations & Fines
After notice you get 30 days to remove the encroachment or sign an agreement; failing that, the city cites you to municipal court, and each additional day of violation is a separate offense.
Frequently Asked Questions
Do I need a permit to build a balcony or footing over Atlanta's right-of-way?
What happens if I encroach on Atlanta's right-of-way without an agreement?
Sources & Official References
Other rules in Atlanta
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Encroachment Permits in Nearby Cities
How other cities in Fulton County handle encroachment permits.