Flagler County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- Any construction/repair within county right-of-way
- Applying office
- County engineering department, Bunnell
- Permit validity
- 90 days to start, 1 year to finish
- Applies to
- Unincorporated Flagler County only
- Max penalty
- $500 fine and/or 60 days jail, Sec. 1-6
Summary
Anyone installing, constructing, maintaining or repairing a facility or structure within an unincorporated Flagler County road right-of-way, including near sidewalks, must first obtain a Right-of-Way Utilization Permit under Sec. 26-31 through 26-55. Applications go through the county engineering department, and no work may proceed on county right-of-way without a valid permit on-site.
This article is for the purpose of providing necessary regulations for use of any county right-of-way within the unincorporated county and shall apply to all private contractors, private citizens, utility companies and any person or persons proposing to install, construct, maintain or repair any facility or structure within existing or planned rights-of-way, traveled ways or easements, dedicated, or planned to be dedicated, to the public for use within the unincorporated county whether or not maintained by the county. ... A single application form furnished by the county shall be used when applying for a right-of-way utilization permit. Application forms may be obtained at the county engineering department, 1200 E. Moody Blvd. No. 7, Bunnell, Florida 32110, (904) 437-7496, Fax (904) 437-8212. Completed applications shall be submitted to that office. ... All work performed on county rights-of-way must be in accordance with the terms and requirements of the permit.
Full Breakdown
Flagler County's Right-of-Way Utilization Ordinance, Ch. 26, Art. II, requires a permit before any private contractor, utility company or private citizen installs, constructs, maintains or repairs a facility or structure within an existing or planned county right-of-way, traveled way or easement in the unincorporated county (Sec. 26-33). The application, per Sec. 26-44(a), is a single county form obtainable from the county engineering department at 1200 E. Moody Blvd. No. 7, Bunnell, and must be submitted with three sets of a plan or sketch showing the offset from the right-of-way centerline, road and pavement width, and the location of the proposed work relative to any sidewalk, bikeway or driveway pipe (Sec.
26-44(b)). Once approved and the fee is paid, the county returns a signed copy as the permit (Sec. 26-44(c)). Sec. 26-45 requires the permit be present at the work site at all times and lets the county suspend any work found without a valid permit on-site. Permits expire if work is not started within 90 days of the approval date or completed within one year, though a single 90-day extension is available for delays outside the permittee's control (Sec. 26-45(d)). Fees are set by county commission resolution and are generally due when the application is filed; work started without a permit draws a late fee (Sec. 26-43). the next business day (Sec. 26-38).
Violations & Fines
Working in the right-of-way without a valid permit on-site is grounds for the county to stop the work immediately under Sec. 26-45(b). Chapter 26's general penalty, Sec. 26-1, applies Sec. 1-6: a fine up to $500.00, up to 60 days in jail, or both, with each day of a continuing violation charged as a separate offense, plus late fees for unpermitted work under Sec. 26-43(c).
Frequently Asked Questions
Do I need this permit to install a sidewalk connection at my property?
Where do I submit a right-of-way utilization permit application?
Does a Palm Coast resident use this county permit?
Sources & Official References
Other rules in Flagler County
Florida rules heatmap·Compare Flagler County to another location·View the Florida sidewalk & pedestrian rules overview
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