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

Section 5-4-020(A) sets the baseline rule for private encroachment on Marietta's rights-of-way: no person may make an excavation, opening, ditch, trench, tunnel or hole in, along, across or under any street, sidewalk or other city property, whether to lay pipe, wires, poles or for any other purpose, unless a completed permit application form and plans have been submitted and approved by the public works director or a designee. The section builds in a narrow exception for city-directed work: a permit is not required when the work is performed under the direction of the public works department itself, but even then, if the job requires wholly or partially obstructing a sidewalk or street, the person doing the work must notify the director and the police department at least two hours beforehand, unless a sudden emergency prevents it.

The application itself, per Section 5-4-030, must show the location of the proposed opening, its purpose, and the approximate square yardage of surface to be cut. Once work is authorized, Section 5-4-060 requires refilling the excavation to essentially the condition that existed before the work began, to the public works director's standards and specifications, and Section 5-4-050 requires the permit holder to indemnify the city against claims or expenses, including attorneys' fees, arising from the work. Leaving an excavation unprotected, without guard rails, signal lights or other warnings, is separately made unlawful under Section 5-4-070.