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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Trigger
Any culvert/driveway install in county right-of-way
Residential permit fee
None (§ 62-73)
Commercial permit fee
$1.00 per linear foot disturbed
Issuing office
Public works, building official or administrator
Citing authority
Director of engineering and designees
Penalty basis
General penalty, § 1-12

Summary

Installing a driveway culvert or other drainage structure in a Forsyth County road right-of-way requires a permit from the public works department, building official or county administrator before any work starts. Residential permits carry no fee, but commercial or business installations cost $1.00 for every linear foot of right-of-way disturbed. The rule covers any public way the county maintains, including its ditches, cuts and fill.

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

No person shall install a culvert or other drainage structure on any public way for the purpose of allowing vehicular ingress and egress to a dwelling unit unless and until a permit has been obtained from the employees of the public works department, building official, the administrator, or such other person or persons as the board may from time to time designate for that purpose...No fee for the permit shall be charged. No person shall install a culvert or other drainage structure on any public way for the purpose of allowing vehicular ingress and egress to a business or commercial enterprise, nor shall any person install a drive or way for such purpose on any public way, without first having obtained a permit in the manner set forth in section 62-73. The fee for a business or commercial permit under this section shall be $1.00 for each linear foot of right-of-way disturbed by the installation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 43).

Full Breakdown

Forsyth County's road drainage article treats any private cut into a public way as regulated encroachment. Section 62-73 requires a permit before installing a culvert or drainage structure for vehicular access to a dwelling; the permit sets out the size and type of structure and is issued free of charge. A separate permit is unnecessary if the installation is already covered by a building permit specifying the drainage structure, and no permit is required when the county's own crews install the structure after the landowner purchases it.

Section 62-74 extends the same permitting scheme to commercial and business driveways, charging one dollar per linear foot of right-of-way disturbed by the installation, with approval processed the same way as the residential permit under section 62-73. Public way is defined broadly in section 62-72 to include any road, street or highway the county maintains plus adjacent ditches, cuts, fills, culverts, drainage easements and retention structures, so the permit requirement follows the drainage system, not just the paved surface. Section 62-75 separately bars dumping trash, debris or sediment-laden runoff into that same drainage system from any dwelling, business or vacant lot.

Violations of the article are punished under the county's general penalty in section 1-12, and the director of engineering and designees were authorized by a March 17, 2011 resolution to issue citations directly for breaches of the underlying 1984 ordinance governing this article.

Violations & Fines

Anyone who installs a culvert, drive or drainage structure in a county right-of-way without the required permit, or who fails to secure the fee-based permit for a commercial driveway, is subject to prosecution under the county's general penalty provisions in section 1-12. The director of engineering and the director's designees are authorized to issue citations directly for these violations, and the county can require work to be corrected or relocated at the installer's expense if it deviates from the approved size, type or location.

Frequently Asked Questions

Do I need a permit to put in a driveway culvert on my own property in Forsyth County?
Yes. Section 62-73 requires a permit from the public works department, building official or county administrator before installing a culvert or drainage structure that allows vehicle access to a dwelling in the public right-of-way. The permit is free for residential installations and specifies the approved size and type of structure.
Is there a fee for a business driveway permit?
Yes. Section 62-74 charges $1.00 for each linear foot of right-of-way disturbed when a commercial or business enterprise installs a driveway or drainage structure, using the same application and approval process as the free residential permit issued under section 62-73.
What happens if I skip the permit?
You can be cited and prosecuted under the county's general penalty in section 1-12. The director of engineering and designated staff are authorized to issue citations for unpermitted work in the right-of-way, and the county can order the installation corrected or removed.

Sources & Official References

Other rules in Forsyth County

All Forsyth County rules

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