Clayton County, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- Pipes, cables, poles, conduits in public roads
- Application filed with
- Director of transportation and development
- Security
- Indemnity bond may be required
- Repair duty
- Applicant restores excavation at own cost
- No-permit penalty
- Punishable under general penalty Sec. 1-12
Summary
Anyone installing or maintaining utility lines, pipes, cables, or poles in a Clayton County public road must first get a permit under Code of Ordinances Sec. 82-27. The county director of transportation and development reviews the written application, and the county engineer can require an indemnity bond to cover any damage the work causes to the road system or the public.
(a)Any person shall obtain a permit prior to the installation, construction, maintenance, renewal, removal and relocation of pipes, mains, conduits, cables, wires, poles, towers, drains or appliances of any utility in, on, along, over or under the public roads of the county.(b)Application for the permit required by this section shall be made in writing to the director of transportation and development. Such application shall specifically describe the nature, extent and location of the portion of the public roads affected. As a condition precedent to the granting of a permit, the county engineer may require the applicant to furnish an indemnity bond or other acceptable security conditioned to pay any damages to any part of the county road system or to any member of the public caused by work of the applicant under authority of such permit.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 104).
Full Breakdown
Sec. ' That reaches any private party seeking to place equipment in the right-of-way, not just utility companies. ' Before granting the permit, the county engineer may condition approval on an indemnity bond or other security to cover damage the work causes to the road system or to the public. Once a permit issues, the obligations continue: Sec. 82-28 makes the permit holder responsible for keeping traffic control adequate and safe while work is underway, and Sec. 82-29 requires the applicant to refill and repair any excavation or cut to county specifications, at the applicant's own cost.
If the county later needs the road improved and the installed utility gets in the way, Sec. 82-30 requires the utility to remove or relocate its own facility at its own expense, with no cost to the county. Skipping the permit step is its own violation: Sec. 82-26 makes excavating or cutting a public road without first obtaining a permit punishable under the general penalty section, Sec. 1-12.
Violations & Fines
Sec. 82-26 makes it a punishable offense to 'excavate or cut any public road in the county without first obtaining a permit therefor,' with penalties set by the county's general penalty provision, Sec. 1-12. Beyond the permit itself, a permit holder who fails to restore an excavated road to the director of transportation's specifications remains liable for the cost of that repair under Sec. 82-29, and can be required to remove or relocate an installation at its own expense under Sec. 82-30.
Frequently Asked Questions
Do I need a permit to run a utility line under a Clayton County road?
Can the county make me post a bond for road work?
Who pays to fix the road after utility work is done?
What if I dig without getting a permit first?
Sources & Official References
Other rules in Clayton County
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