Miami, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Director of Resilience and Public Works
- Liability insurance
- $1,000,000 minimum (some exemptions)
- Removal deadline after denial
- 30 days
- Dedicated ROW encroachments
- City commission public hearing required
- Approval instrument
- Recorded covenant running with land
Summary
Miami requires a written permit from the resilience and public works director before installing a fence, wall, or hedge in the undedicated right-of-way strip between a property's base building line and the street.
(a)Whenever an owner of property within the city wishes to install a temporary encroachment, i.e., fence, wall, or hedge, within the undedicated area between the platted or dedicated right-of-way line and the established base building line, the owner shall, before beginning any installation, construction or planting, make formal request for such an encroachment, in writing, to the director of the department of resilience and public works, said request to be evaluated as indicated in subsection (c) hereinbelow.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 23 | Ordinance 11000 (Previous Zoning Code): Supplement 22 | Miami 21 (Zoning Code): ?).
Full Breakdown
Property owners who want a fence, wall, or hedge in the undedicated strip between the base building line and the dedicated right-of-way must apply in writing to the director of the department of resilience and public works, submitting a current survey plus a sketch of the encroachment. The director evaluates whether it creates a health, safety, or travel-impediment problem; encroachments within the dedicated right-of-way itself require city commission approval at a public hearing paid for by the owner. Approval requires a recorded covenant, and most owners must carry at least $1,000,000 in liability insurance naming the city: single-family homes and duplexes are exempt from that insurance requirement for fences, walls, or hedges.
Violations & Fines
An encroachment installed without an approved permit and covenant must be removed within 30 days of the director's written notice; if the owner fails to comply, the city removes it and places a lien on the property for the cost of removal.
Frequently Asked Questions
Do I need a permit for a fence in the right-of-way strip in Miami?
What happens if my Miami encroachment request is denied?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Miami-Dade County handle encroachment permits.