Clearwater, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- Sidewalk, curb, curb cut, driveway, parkway work
- Issuing office
- Building director (§ 28.40)
- Bond threshold
- Required if cost exceeds $250.00 (§ 28.43)
- Bond amount
- Half of estimated cost, 6-month guarantee
- Revocable
- At will of city manager or commission (§ 28.46)
- Fee
- Per Appendix A fee schedule (§ 28.44)
Summary
Anyone who wants to build, repair, pave or grade a sidewalk, curb, curb cut, driveway or parkway on a Clearwater public street must first get a permit from the building director under City Code § 28.40. The permit is revocable at will and grants no ongoing right to keep using the right-of-way.
No person shall begin to construct, reconstruct, repair, alter, pave or grade any sidewalk, curb, curb cut, driveway, parkway or street on the public streets without first obtaining a permit from the building director as provided by this division.
Full Breakdown
40 bars beginning any construction, reconstruction, repair, alteration, paving or grading of a sidewalk, curb, curb cut, driveway, parkway or street on the public streets without a permit from the building director. 41 clarifies that permits for paving, grading or using a parkway or right-of-way are discretionary with the city engineer and must be marked revocable at the will of the city manager or commission, granting no continued-use right. 42 must show the owner's and contractor's names and addresses, the work location, plans, and an estimated cost.
00 require a maintenance and construction bond equal to half the estimated cost, guaranteeing the work for six months, and the building director may separately require an indemnity bond protecting the city from injury claims; if a permittee defaults, the building director can have the city complete the work and recover the cost from the permittee. 45 requires city-engineer-approved plans, city-standard construction, no unreasonable interference with vehicular or pedestrian traffic, and no impairment of public health, safety or welfare before a permit issues.
Violations & Fines
Working in the right-of-way without the § 28.40 permit is a civil infraction under the Code's general penalty section, § 1.12, punishable by a fine of up to $500, defaulting to a Class V violation ($25 fine plus $10 court costs) absent another classification. Separately, § 28.46 lets the city manager or commission revoke any issued permit at any time, after which the owner must restore the municipally owned property to the city's satisfaction at no expense to the city.
Frequently Asked Questions
Do I need a permit to build a driveway apron in Clearwater's right-of-way?
Is a bond required for right-of-way work?
Can the city revoke my right-of-way permit?
What happens if I don't finish the permitted work properly?
Sources & Official References
Other rules in Clearwater
Florida rules heatmap·Compare Clearwater to another location·View the Florida sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Pinellas County handle encroachment permits.