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

Section 82-27 of the Clayton County Code of Ordinances, as rewritten by Ord. No. 2026-146 on July 7, 2026, is the county's permit for occupying public road right-of-way in the unincorporated area. It covers the installation, construction, maintenance, renewal, removal, or relocation of pipes, mains, conduits, cables, wires, poles, towers, tracks, drains, traffic and other such signals, and other equipment and appliances of any utility. The requirement reaches existing facilities as well: a utility permit must also be obtained for equipment already in, on, along, over or under the county's public roads.

Applications are made in writing to the Clayton County Transportation and Development Director on the form or forms the director requires. The application must specifically describe the nature, extent, and location of the portion of the public roads affected. As a condition of granting the permit, the county engineer can require the applicant to furnish an indemnity bond or other acceptable security to pay damages to any part of the county road system or to any member of the public caused by the applicant's work.

Three sources govern the work itself: O.C.G.A. §§ 25-9-1 et seq., 32-4-42, 32-6-171 through 32-6-175, and 46-5-1; the permit; and the Georgia Department of Transportation's 2016 Utility Accommodation Policy and Standards Manual, Revised 05-30-2024. The county adopts that manual by reference, subject to its own changes in appendix A, but leaves out appendix B (permit forms and supporting documents). Later GDOT amendments do not apply automatically; the Board of Commissioners has to adopt them separately. A copy of the manual as amended sits at the Transportation and Development Director's offices and at the Board of Commissioners' office, open for public inspection.

An existing facility that fails any requirement must be brought into compliance within 24 hours of notice of violation, or on the timetable the director of transportation and development sets. The utility carries the cost of installation, construction, maintenance, renewal, removal, or relocation under O.C.G.A. § 32-6-171, though a utility moved off land in which it owned a property interest keeps its right to compensation for that interest.