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

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

Key Facts

Consent
County written consent required for private ROW use
Covers
Merchandise sales, vehicle repair, storage, advertising
Peddler exception
Licensed peddlers can sell only to abutting occupants
Penalty basis
Enforced under general penalty, Sec. 1-7
Fine range
Fine up to $500 plus 60 days jail
Ordinance history
Adopted 1979, amended by Ord. 2025-07

Summary

Volusia County bars any private use of a county right-of-way for anything besides its intended purpose unless the property owner first secures the county's written consent. Section 94-1 sweeps in commercial displays, vehicle repair and storage, and advertising placed on the road shoulder, verge, or drainage swale fronting a home or business.

City-specific rules exist: Daytona Beach, Deltona, and Port Orange have their own encroachment permits rules that differ from Volusia County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(a)County consent required. Pursuant to the police power of the county, the county council hereby determines, in the interest of the health, safety and welfare of its citizens, that the use of any county right-of-way, including appendages thereto, and the use of any public lands under the authority of the county council, except for their intended purpose, without prior written consent of the county shall be prohibited.(b)Commercial use. The prohibition set out in subsection (a) of this section includes any commercial use, including but not limited to the sale of and display for sale of any merchandise, the servicing or repair of any vehicles except the rendering of emergency service, the storage or parking of vehicles and the display of advertising of any sort.

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 108 Update 1).

Full Breakdown

Under Sec. 94-1(a) of the county code, the county council determined that using any county right-of-way, or public lands under the county council's authority, for anything but its intended purpose without prior written county consent is prohibited outright. Subsection (b) spells out what counts as commercial use: selling or displaying merchandise for sale, repairing or servicing vehicles (except emergency roadside help), parking or storing vehicles, and posting advertising of any kind on the ROW. Subsection (c) adds a parallel ban on camping, sleeping, and any use that would obstruct traffic along the right-of-way without prior written approval.

Subsection (d) carves out one narrow exception: a person holding a valid peddler's license from the appropriate government may sell from a vehicle stopped on the ROW, but only to occupants of the abutting property, not to passersby generally. , where the actual permit application is processed. Enforcement runs through Sec. 1-7, the Code's general penalty provision, so anyone using a right-of-way for a prohibited purpose without consent risks the same fine and jail exposure as any other code violation. The section was adopted by Ord.

No. 79-24 in 1979 and most recently amended by Ord. No. 2025-07 on February 4, 2025, showing the county still actively updates this ROW-use gate.

Violations & Fines

Using a county right-of-way without written consent, parking a trailer, storing equipment, posting a sales sign, or running a roadside repair stand, is punishable under Sec. 1-7: a fine up to $500.00, up to 60 days in the county jail, or both, and each day the unauthorized use continues counts as a separate offense. The county can also seek injunctive relief and recover its attorney's fees in any enforcement litigation.

Frequently Asked Questions

Can I put a for-sale sign or park equipment on the road shoulder in front of my property?
Not without the county's prior written consent. Sec. 94-1(a) prohibits using any county right-of-way for anything but its intended purpose, and subsection (b) specifically names displaying merchandise for sale and parking or storing vehicles as prohibited commercial uses absent that consent.
Does a roadside repair stand or mobile mechanic violate this rule?
Yes. Subsection (b) bars servicing or repairing vehicles on the county right-of-way except for emergency roadside assistance. A standing repair operation set up on the shoulder or swale needs the county's written consent first, or it is an unauthorized commercial use under Sec. 94-1.
Are traveling peddlers allowed to sell from the right-of-way?
Only in a narrow way. Subsection (d) lets a person holding a valid peddler's license sell from a vehicle stopped on the right-of-way, but strictly to occupants of the property the vehicle is abutting, not to the general public passing by.
What happens if I'm cited for an unpermitted right-of-way use?
Enforcement runs through the Code's general penalty, Sec. 1-7: a fine up to $500.00, up to 60 days in jail, or both, with each day the use continues charged as a new offense. The county can also pursue an injunction and recover attorney's fees.

Sources & Official References

Other rules in Volusia County

All Volusia County rules

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