Collier County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Sec. 110-31, Permits
- Who needs one
- Anyone digging, building or parking in the ROW
- Application review
- County Manager approves, denies, or issues notice of intent
- Appeal path
- Special Magistrate, filed within 10 working days
- Maximum civil fine
- $1,000.00 per day (Sec. 110-36)
- Adopted
- Ord. No. 03-37, amended by Ord. No. 2026-06
Summary
Anyone who wants to dig, build, place material, or otherwise disturb the ground in a Collier County public right-of-way needs a right-of-way construction permit first. Sec. 110-31 requires a detailed application, a permit fee set by county resolution, and lets the County Manager deny, suspend or revoke the permit for noncompliance or safety concerns.
A.It shall be unlawful for any Responsible Party to dig, excavate, obstruct, or place any construction or other material, or perform any other work which disturbs the existing structure and/or compaction of soil in any right-of-way provided for public use in Collier County, including any public right-of-way maintained by Collier County within the boundaries of any municipal corporation, without first obtaining a permit for such work from the County as specified herein or in the Handbook as defined in Section 110-28. In addition, it shall be unlawful for any Responsible Party to park in any right-of-way provided for public use in Collier County, unless otherwise authorized by the County. ... C.The permittee shall be responsible for all conditions of the permit and to pay the applicable permit fee then established by resolution of the Board of County Commissioners (the Board).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 126 | Land Development Code: Supplement 33).
Full Breakdown
Sec. 110-31, part of the county's right-of-way construction ordinance (Ord. No. 03-37, amended through Ord. No. 2026-06), makes it unlawful for any 'responsible party' to dig, excavate, obstruct, or place construction material, or otherwise disturb the soil in any right-of-way provided for public use in Collier County, including county-maintained rights-of-way inside a municipality, without first getting a permit. It is likewise unlawful to park in a public right-of-way without county authorization. Applications must go on county-provided forms and include the precise location, total linear footage of the work area, type of facility, construction method, expected schedule, duplicate sketches and drawings, and the number of the applicant's other active right-of-way permits.
The County Manager or a designee can approve the permit as submitted, deny it for insufficient or inconsistent information, or issue a notice of intent valid up to a year when work won't start within 30 days. Every permittee pays the fee set by Board resolution and must follow the Construction Standards Handbook, current FDOT design and construction standards, and the county's Land Development Code, with the most restrictive rule controlling any conflict. The County Manager can suspend or revoke a permit for noncompliance, safety concerns, or unpaid damage to county property, and can issue stop-work orders that give the permittee 10 days to cure before revocation.
A denial, suspension or revocation can be appealed to the Collier County Special Magistrate within 10 working days, with a hearing set within 30 days and a final decision from the Magistrate.
Violations & Fines
Working in the right-of-way without a Sec. 110-31 permit, or ignoring a stop-work order, is a civil violation under Sec. 110-36 punishable by a fine of up to $1,000.00 per day of noncompliance, plus the county's costs and expenses, and the county can also seek an injunction or refer the case to the code enforcement board under F.S. ch. 162.
Frequently Asked Questions
Do I need a permit to put a driveway culvert in the county right-of-way?
What happens if the county denies my right-of-way permit?
What's the fine for working in the right-of-way without a permit?
Sources & Official References
Other rules in Collier County
Florida rules heatmap·Compare Collier County to another location·View the Florida sidewalk & pedestrian rules overview
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