Fayette County, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit needed
- Driveway application permit, engineering department
- Exemption
- Residential builds on internal local roads
- Max driveways
- Two per residential lot
- Max width
- 24 feet at right-of-way line
- Setback
- At least 2 feet from side/rear line
- Sight distance
- 200 feet on roads posted 25 mph or less
Summary
Cutting a new driveway into a county road or prescriptive easement in unincorporated Fayette County takes an approved driveway application permit from the engineering department first. Fayette County Code § 104-55 sets the rule, folds in GDOT's Regulations for Driveway and Encroachment Control for spacing and sight-distance standards, and excuses only residential developments built on internal local roads from the permit step.
(a)The latest edition of the GDOT Regulations for Driveway and Encroachment Control is incorporated into this section by reference. The rules and requirements contained within the GDOT document shall apply to county roads and streets unless a regulation is in conflict or superseded by other text in this article. On county roads and streets, the county engineering department shall act as the implementing body in lieu of the state department of transportation. ... (c)Residential access.(1)Zoning ordinance reference. Every residential lot shall meet the minimum requirements of section 110-67, street frontage for access.(2)Driveway application permits. No new driveway to county right-of-way or prescriptive casement shall be made without an approved driveway application permit from the engineering department. Residential developments on internal local roads are exempt from the driveway application permit requirement.
Full Breakdown
Section 104-55 puts the county engineering department in charge of every curb cut onto a Fayette County road, acting in place of the state department of transportation for design review. Before a homeowner or builder can open a new driveway to a county right-of-way or a prescriptive easement, the engineering department has to approve a driveway application permit; the only carve-out is for residential developments on internal local roads, which skip that step entirely. Once a permit is in hand, the numeric limits kick in: a residential lot gets at most two driveway cuts (one if no shared driveway has been authorized), each capped at 24 feet wide measured at the right-of-way line, and set back at least two feet from any side or rear property line.
Agricultural-residential (A-R) lots using a drive for farm purposes are exempt from the two-cut cap but still have to meet every other residential access standard. Sight distance matters too: a driveway on a road posted at 25 mph or less needs 200 feet of clear sightline in both directions, with GDOT's manual controlling on faster roads. Nonresidential property owners go through a parallel but separate track, needing an approved site plan or certificate of zoning compliance from the planning and zoning department rather than the engineering department's driveway permit, unless the engineer waives it for a county-initiated project. Both residential and nonresidential lots must meet the street-frontage access standard in section 110-67 before a driveway permit can be approved.
Violations & Fines
Fayette County Code § 104-55 doesn't set a dollar fine for skipping the driveway permit, but the engineering department can refuse to approve the crossing, require it to be removed or reworked to GDOT standards, and withhold sign-off needed for a certificate of occupancy on the property it serves. Nonresidential owners who grade a driveway without the required site plan or certificate of zoning compliance face the same hold-up from planning and zoning.
Frequently Asked Questions
Do I need a permit for a new driveway in unincorporated Fayette County?
How wide can a Fayette County driveway be?
Can a residential lot have more than one driveway?
Sources & Official References
Other rules in Fayette County
Compare Fayette County to another location·View the Georgia sidewalk & pedestrian rules overview
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