Skip to main content
CityRuleLookup

Lee County, AL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

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

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?
Yes. Paragraph 1 of the Access Management Policy requires a written access permit from the Lee County Engineer before any driveway, road or other connection is built onto a county-maintained road or its right-of-way, even for a single residence.
What happens if I connect to a county road without a permit?
The County Engineer can barricade the unpermitted access point, remove items placed in the right-of-way, and Lee County can pursue civil penalties plus reimbursement of every cost incurred bringing the access into compliance, under Paragraphs 13 and 14.
Does a homeowner have to submit engineering plans for a driveway permit?
Not automatically. Paragraph 12 exempts an access permit for a single-family residence from engineering studies and detailed construction plans, unless the County Engineer decides site-specific safety or engineering concerns require them.
Is there a deposit required for larger access projects?
Yes. Paragraph 9 requires the applicant to post a surety of at least 150 percent of the County Engineer-approved cost estimate with the Highway Department before construction in the right-of-way can start.

Sources & Official References

Other rules in Lee County

All Lee County rules

Compare Lee County to another location·View the Alabama sidewalk & pedestrian rules overview

Get notified when Encroachment Permits in Lee County, AL changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.