Lee County, AL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Lee County Engineer / Highway Department
- Trigger
- Any driveway or road connecting to county ROW
- Surety required
- 150% of approved improvement cost
- Permit expiration
- Void if not commenced within 1 year
- Unpermitted access remedy
- County may barricade the access point
- Penalty
- Civil penalties plus full cost reimbursement
Summary
Anyone connecting a driveway, road or other access point to a Lee County-maintained road must first obtain a written access permit from the County Engineer. The Highway Department reviews every application for drainage, sight distance and right-of-way encroachments before granting it.
No person, firm, corporation, or other entity, public or private, shall construct or cause to be constructed or allow any driveway, highway, road, alley, street, other roadway, or any aspect or part thereof, to connect to or otherwise access or allow motor vehicle traffic on or onto any part of the Lee County public road system including the Lee County rights-of-ways, without first applying for and obtaining an access permit from the Lee County Commission, acting by and through the Lee County Engineer or his designee... No access permit will be granted or approved which does not properly address drainage, sight distance, and other safety criteria including but not limited to proper lane widths, guardrail, front and back slopes, right-of-way encroachments, or pavement buildup to support anticipated future traffic on the public highway and highway system at affected points, as established and determined to be appropriate by the Lee County Engineer
Full Breakdown
The Lee County Access Management Policy, adopted by the County Commission and administered by the County Engineer, bars any person, firm, corporation or entity from constructing or allowing a driveway, road, alley, street or other roadway to connect to or access the county road system, including the county rights-of-way, without first applying for and obtaining an access permit (Para. 1). Every application is reviewed by the County Engineer, who will not approve a permit that fails to address drainage, sight distance, lane widths, guardrail, front and back slopes, right-of-way encroachments or pavement buildup (Para.
2). Construction and materials must be consistent with the Lee County Subdivision Regulations (Para. 3). A single-family homeowner seeking access for one residence still needs a permit but is not required to submit engineering studies or detailed construction plans unless the County Engineer determines the specific access point raises safety or engineering concerns (Para. 12). For larger projects, the applicant must submit an engineer-sealed design, an approved cost estimate, and post a surety of not less than 150 percent of that approved cost with the Highway Department before any construction in the right-of-way may begin (Para.
9). No building or development permit will be issued by Lee County until Highway Department access approval is secured (Para. 11), and an issued permit becomes void if construction has not substantially begun within one year (Para. 10). This is a unincorporated-area rule only; Auburn, Opelika and Lee County's other incorporated cities administer their own right-of-way permits.
Violations & Fines
Connecting to or encroaching on a county road or right-of-way without a written access permit lets the County Engineer place impassable barricades between the traveled roadway and the unpermitted access point and remove items placed in the right-of-way without permission (Para. 13). A violator is also liable for civil penalties and must reimburse Lee County for all costs the county, Highway Department or County Engineer incurs bringing the access point into compliance, including design and construction costs; these remedies are cumulative with any other legal remedy available to the county (Para. 14).
Frequently Asked Questions
Do I need a permit to add a driveway onto a Lee County road?
What happens if I connect to a county road without a permit?
Does a homeowner have to submit engineering plans for a driveway permit?
Is there a deposit required for larger access projects?
Sources & Official References
Other rules in Lee County
Compare Lee County to another location·View the Alabama sidewalk & pedestrian rules overview
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