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Flagler County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

City-specific rules exist: Palm Coast has its own encroachment permits rules that differ from Flagler County's county-level regulations. If you live in Palm Coast, check the city-specific page instead.

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?
Yes, if the work touches the county road right-of-way. Sec. 26-33 covers anyone installing or repairing a facility or structure within an existing or planned right-of-way, traveled way or easement in unincorporated Flagler County, and sidewalk crossings are named specifically in the application requirements under Sec. 26-44(b).
Where do I submit a right-of-way utilization permit application?
Applications go to the Flagler County engineering department at 1200 E. Moody Blvd. No. 7, Bunnell, Florida 32110 under Sec. 26-44(a). The form must be typed or printed in ink, and incomplete applications are not accepted.
Does a Palm Coast resident use this county permit?
No. Sec. 26-32 limits this ordinance to the unincorporated area of Flagler County. Palm Coast, Flagler Beach, Beverly Beach, Bunnell and Marineland each control their own rights-of-way and issue their own encroachment or utilization permits.

Sources & Official References

Other rules in Flagler County

All Flagler County rules

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