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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

These county ordinances apply to unincorporated areas of Fayette County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(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contained within the GDOT document shall apply to county roads and streets unless a regulation is in conflict or superseded by other text in this article.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?
Yes. Section 104-55 requires an approved driveway application permit from the county engineering department before any new driveway connects to a county right-of-way or prescriptive easement, unless the lot is a residential development on an internal local road, which is exempt from that permit.
How wide can a Fayette County driveway be?
The maximum width is 24 feet measured at the right-of-way line. On roads with a prescriptive easement instead of dedicated right-of-way, the county measures that 24-foot width 18 feet back from the edge of the existing road instead.
Can a residential lot have more than one driveway?
A residential lot is limited to two driveway cuts, and only one unless a shared driveway with a neighbor is separately authorized. Agricultural-residential lots using a driveway for farm access are exempt from the two-cut limit but must still meet every other residential access standard in section 104-55.

Sources & Official References

Other rules in Fayette County

All Fayette County rules

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