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Macon-Bibb County, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Engineering/survey fee
$250 (§ 24-127(a))
Legal review fee
$250 (§ 24-127(b))
Minimum consideration
$100 (§ 24-127(c))
Approval body
Macon-Bibb County Commission and mayor
Payment deadline
30 days after adoption (§ 24-129)

Summary

Anyone wanting to build a fence, steps, portico or other structure that crosses their lot line into a Macon-Bibb County street or sidewalk right-of-way needs an encroachment agreement approved by the county commission under Sec. 24-126. Sec. 24-127 adds a $250 survey/engineering fee, a $250 legal-review fee, and a $100 minimum consideration payment.

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

(a)It shall be unlawful for any person to advance their lots from the original boundary on any of the streets of Macon-Bibb County without making application to the Macon-Bibb County commission for an encroachment agreement and having such encroachment agreement granted as provided in this article.(b)No building of any description shall ever be erected upon any lot in Macon-Bibb County outside of the lot line.(c)No person shall be allowed to erect a fence, steps, portico, or other obstruction beyond the line of his lot so as to be an encroachment upon the street right-of-way without an approved encroachment agreement.(d)In all cases of unauthorized, illegal, or nonconforming encroachments upon streets, lanes or alleys, the mayor shall cause the nonconforming encroachment to be removed upon reasonable notice to the party maintaining the nonconforming encroachment, or in the mayor's and commission's discretion, permit and sanction the nonconforming encroachment for such fair consideration as the parties at interest may agree upon, due regard being first had to the interest of the other property holders likely to be affected thereby.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Comprehensive Land Development Resolution: Supplement 4 | Code of Ordinances: Supplement 20).

Full Breakdown

Article VI of Chapter 24, Encroachments, in the Macon-Bibb County general code governs private use of the public right-of-way. Sec. 24-126(a) bars advancing a lot from its original boundary onto a county street without first applying to the Macon-Bibb County Commission for an encroachment agreement, (b) bars erecting any building outside a lot line, and (c) bars a fence, steps, portico, or other obstruction beyond the lot line without an approved agreement. Under (d), unauthorized or nonconforming encroachments can be ordered removed by the mayor on reasonable notice, or, at the mayor and commission's discretion, sanctioned to remain for a negotiated fair consideration that accounts for the interests of other nearby property holders.

Sec. 24-127 sets the price of doing this the right way: a $250 fee to the county engineer for any required survey, investigation or map; a separate $250 fee to the county attorney if legal work is needed; and a $100 minimum consideration for the encroachment grant itself, on top of those service fees. Sec. 24-128 requires the application to include the applicant's deed and a plat prepared by a registered land surveyor showing the street center line, property line, and encroachment dimensions, routed first to the county engineer for survey and report, then to the county attorney's office. Sec. 24-129 gives the applicant 30 days from the commission's favorable vote to pay the finance director before the mayor executes a deed.

Violations & Fines

An unauthorized or nonconforming encroachment is subject to mayor-ordered removal on reasonable notice under Sec. 24-126(d); alternatively, the mayor and commission may let it remain for a negotiated fair-consideration payment. Advancing a lot line onto a county street without ever applying is itself declared unlawful, exposing the property owner to the Sec. 1-6 general penalty of up to a $1,000 fine or 180 days in jail.

Frequently Asked Questions

Do I need a permit to build a fence that crosses into the county right-of-way?
Yes. Sec. 24-126(c) bars erecting a fence, steps, portico or other obstruction beyond your lot line into the street right-of-way without an approved encroachment agreement from the Macon-Bibb County Commission.
How much does an encroachment agreement cost?
Sec. 24-127 charges $250 for the county engineer's survey and investigation, another $250 if the county attorney has to do legal work on the application, and a minimum $100 consideration for the encroachment grant itself, in addition to those fees.
What happens to an existing encroachment that was never approved?
Under Sec. 24-126(d), the mayor can order it removed on reasonable notice, or, at the mayor and commission's discretion, let it stay for a negotiated fair-consideration payment that weighs the interests of other nearby property owners.

Sources & Official References

Other rules in Macon-Bibb County

All Macon-Bibb County rules

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