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Johns Creek, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit issued by
public works director
Required for
excavation, digging, construction in ROW
Civil penalty
up to $1,000 plus $500/day
Willful violation penalty
up to $5,000 per day
Also covers
non-residential driveway openings

Summary

Digging, excavating, or constructing in any Johns Creek street, sidewalk, or right-of-way requires an approved right-of-way encroachment permit from the public works director before work begins, with civil penalties reaching $5,000 per day for willful violations.

No person shall make any excavation, opening or dig any ditch, trench, tunnel or hole in, along, across or under any street, sidewalk, right-of-way or perform any type of construction, unless a completed right-of-way encroachment permit application form and plans have been submitted and approved by the public works director or his designee. Such permit shall be at the construction site at all times.

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 23 Update 1).

Full Breakdown

Sec. 46-23 requires anyone digging, excavating, tunneling, or performing construction in a Johns Creek street, sidewalk, or right-of-way to first submit a completed right-of-way encroachment permit application and plans, approved by the public works director; the approved permit must stay at the construction site, and work must follow GDOT's utility accommodation policy and standards. A separate permit is also required to open a new driveway from private property onto a public street, other than a driveway to a personal residence. The permit is a revocable license for permissive use only and creates no property right in the holder.

Violations & Fines

Civil penalty up to $1,000 per violation plus $500 per day it continues; willful violations up to $5,000 per day. Violations are also punishable as a code violation under Sec. 1-7.

Frequently Asked Questions

Who issues a Johns Creek right-of-way encroachment permit?
The city public works director or a designee, under Sec. 46-23, before any excavation, trenching, or construction in a street, sidewalk, or right-of-way.
What's the penalty for encroaching without a permit in Johns Creek?
Up to $1,000 per violation plus $500 for each additional day, rising to $5,000 per day for willful violations, under Sec. 46-23(d).

Sources & Official References

Other rules in Johns Creek

All Johns Creek rules

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Encroachment Permits in Nearby Cities

How other cities in Fulton County handle encroachment permits.

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Roswell, GA
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Atlanta, GA
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