Daytona Beach, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Under City Code § 86-135, it is unlawful to make any excavation or break in the right-of-way surface, deposit earth or material, place or modify equipment or facilities, or perform any other right-of-way work without first obtaining an NCF permit. A short list of activities is exempt, including emergency actions (subject to an after-the-fact permit at the city engineer's discretion), residential mailbox work, sod or seed placement, and routine irrigation maintenance in the parkage strip abutting a residential lot, per § 86-135(b). Section 86-136 requires a written application identifying the applicant's legal authority to place the equipment, dimensioned plans, maps of existing right-of-way facilities, construction methods, a start date and completion estimate, and payment of all outstanding fees before the permit issues.

Section 86-137 bars issuance where the city manager finds an undue risk to public health, safety or welfare, where the applicant owes the city money, or where unpermitted equipment already sits in the right-of-way. Section 86-144 requires a performance guarantee, typically a surety bond, certified check or irrevocable letter of credit, equal to 120 percent of the estimated cost of removing the equipment and restoring the right-of-way, held for 180 days after removal. Section 86-140 lets the city manager suspend or revoke a permit immediately and without notice, and without refunding fees, for noncompliance or false information.

Section 86-147 requires payment of all permit and inspection fees, set by city commission resolution, before the permit issues. Homeowners installing decorative pavers in the parkage abutting a single-family, duplex or triplex lot may get an NCF permit under a recorded license agreement instead of full city commission approval, per § 86-139, but remain solely responsible for maintenance, resetting and removal costs.