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

Section 23-135(a) makes it unlawful to do covered work without the prior issuance of an encroachment permit by the director of public works. Subsection (a)(1) covers utility installation, maintenance, renewal, removal and relocation of pipes, mains, conduits, cables, wires, poles, towers, signals and other equipment in, on, along, over or under the city's public roads. Subsection (a)(2) covers construction, relocation or removal of driveways, sidewalks, curbing, bike lanes, multi-use trails, associated drainage facilities, and landscaping construction and maintenance in the same locations.

The process is set by the public works department. Under (b), it develops the application forms, the written documentation needed for a complete application, and objective, written criteria for granting, denying or revoking permits. Under (c), everything it asks for has to relate solely to managing the use of the city's public roads. Under (d), the application can require a description of the nature, extent and location of the work and an indemnity bond or other acceptable security to pay for damage to the public roads or to any member of the public. Under (e), each applicant pays a nonrefundable application fee plus cost recoupment fees, in amounts set by official action, and the Code prints no dollar figure. Under (f), the director decides whether the work fits one permit, and work on more than one street needs a separate permit for each street.

Timing and appeals are fixed. Under (g), the director grants or denies 30 days from receipt of a complete application, and a permit expires six months from issuance. Under (h), a denial or revocation for violating the article or failing to show compliance with the criteria takes effect 14 days after the written notice is mailed. The permittee can send written reasons to the hearing officer, who answers in writing within five business days, and that decision is final. If contested, the denial or revocation takes effect three days after the hearing officer's final decision.

Section 23-136 requires plans and specifications to go to the public works director and requires compliance with the GDOT Standard Specifications and the Georgia Sedimentation and Erosion Control Act. Permittees are solely responsible for safety measures and for claims arising from the design and construction.