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

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

Key Facts

Governing section
Sec. 110-31, Permits
Who needs one
Anyone digging, building or parking in the ROW
Application review
County Manager approves, denies, or issues notice of intent
Appeal path
Special Magistrate, filed within 10 working days
Maximum civil fine
$1,000.00 per day (Sec. 110-36)
Adopted
Ord. No. 03-37, amended by Ord. No. 2026-06

Summary

Anyone who wants to dig, build, place material, or otherwise disturb the ground in a Collier County public right-of-way needs a right-of-way construction permit first. Sec. 110-31 requires a detailed application, a permit fee set by county resolution, and lets the County Manager deny, suspend or revoke the permit for noncompliance or safety concerns.

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

A.It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the County as specified herein or in the Handbook as defined in Section 110-28. In addition, it shall be unlawful for any Responsible Party to park in any right-of-way provided for public use in Collier County, unless otherwise authorized by the County. ... C.The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board).

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 126 | Land Development Code: Supplement 33).

Full Breakdown

Sec. 110-31, part of the county's right-of-way construction ordinance (Ord. No. 03-37, amended through Ord. No. 2026-06), makes it unlawful for any 'responsible party' to dig, excavate, obstruct, or place construction material, or otherwise disturb the soil in any right-of-way provided for public use in Collier County, including county-maintained rights-of-way inside a municipality, without first getting a permit. It is likewise unlawful to park in a public right-of-way without county authorization. Applications must go on county-provided forms and include the precise location, total linear footage of the work area, type of facility, construction method, expected schedule, duplicate sketches and drawings, and the number of the applicant's other active right-of-way permits.

The County Manager or a designee can approve the permit as submitted, deny it for insufficient or inconsistent information, or issue a notice of intent valid up to a year when work won't start within 30 days. Every permittee pays the fee set by Board resolution and must follow the Construction Standards Handbook, current FDOT design and construction standards, and the county's Land Development Code, with the most restrictive rule controlling any conflict. The County Manager can suspend or revoke a permit for noncompliance, safety concerns, or unpaid damage to county property, and can issue stop-work orders that give the permittee 10 days to cure before revocation.

A denial, suspension or revocation can be appealed to the Collier County Special Magistrate within 10 working days, with a hearing set within 30 days and a final decision from the Magistrate.

Violations & Fines

Working in the right-of-way without a Sec. 110-31 permit, or ignoring a stop-work order, is a civil violation under Sec. 110-36 punishable by a fine of up to $1,000.00 per day of noncompliance, plus the county's costs and expenses, and the county can also seek an injunction or refer the case to the code enforcement board under F.S. ch. 162.

Frequently Asked Questions

Do I need a permit to put a driveway culvert in the county right-of-way?
Yes. Sec. 110-31 requires a right-of-way construction permit for any digging, excavation, obstruction or placed material that disturbs the soil in a Collier County right-of-way, and a separate bonding exemption for single-family residential driveway improvements does not excuse the permit itself.
What happens if the county denies my right-of-way permit?
You can appeal by filing a written notice with the Collier County Special Magistrate within 10 working days of the denial. The Magistrate must hear the appeal within 30 days, and the Magistrate's decision on the permit is final under Sec. 110-31.E.
What's the fine for working in the right-of-way without a permit?
Up to $1,000.00 per day of violation under Sec. 110-36, with each day counted separately, plus the county's costs of prosecution. The county can also pursue an injunction or refer the case to a code enforcement board under F.S. chapter 162.

Sources & Official References

Other rules in Collier County

All Collier County rules

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