Franklin County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- Obstructing a county ditch, swale or drain
- Issued by
- Franklin County engineer
- Fee
- None
- Runs with land
- Successors in title stay responsible
- Penalty
- Up to $500 fine and/or 60 days jail
Summary
Before anyone obstructs an existing county ditch, swale or drain, they need a driveway permit from the Franklin County engineer under Franklin County Code § 5.5-1(d). The permit is free, but the property owner and later owners stay responsible for keeping the culvert and drainage clear, and obstructing it without a permit is a misdemeanor.
(d)No person, firm or corporation shall obstruct any existing ditch, swale or drain in the county without a driveway permit.(e)There shall be no fee for driveway permits.(f)The applicant and the applicant's successors in title shall be responsible for continuing compliance with the driveway permit and removal of obstructions which may occur in the culvert pipe and in the ditches, swales and drains.(g)Violation of this section shall be prosecuted as a misdemeanor and shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.
Full Breakdown
5-1 folds its right-of-way drainage encroachment rule into the same section that governs driveway connections: subsection (d) makes it unlawful for any person, firm or corporation to obstruct an existing ditch, swale or drain in the county without first obtaining a driveway permit from the county engineer. Because county road drainage runs through the right-of-way fronting most parcels, any private culvert, fill, or connection that crosses or blocks that ditch, swale or drain triggers the same permitting process used for a new driveway: the county engineer sets the dimensions, conditions and requirements for the crossing, and the applicant must notify the engineer once work is done so the as-built installation can be approved.
There is no fee for the permit itself under subsection (e), but subsection (f) places continuing, running responsibility on both the original applicant and any successor in title for keeping the culvert pipe and the ditches, swales and drains free of obstructions going forward. That means a buyer who inherits a blocked or undersized culvert from a prior owner inherits the compliance duty along with the property. The ordinance does not create a general right-of-way use fee or lease; it is strictly a drainage-obstruction control tied to the driveway-permit process administered by the county engineer's office.
Violations & Fines
Obstructing an existing county ditch, swale or drain without a driveway permit is prosecuted as a misdemeanor under Franklin County Code § 5.5-1(g), punishable by a fine of up to $500, up to 60 days in the county jail, or both. The obligation to keep the drainage clear runs with the land, so a subsequent owner can also be held responsible for an obstruction left by a predecessor.
Frequently Asked Questions
Do I need a permit to fill in a drainage ditch on my Franklin County property?
I bought a house with a blocked culvert the previous owner installed. Am I liable?
What's the penalty for obstructing a county drain without a permit?
Sources & Official References
Other rules in Franklin County
Florida rules heatmap·Compare Franklin County to another location·View the Florida sidewalk & pedestrian rules overview
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