Monroe County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Engineering Services Director
- Application requirement
- Two scaled drawings plus fee (Sec. 19-38)
- Insurance minimum
- $300,000 combined single limit (Sec. 19-39)
- Driveway width cap
- 24 feet maximum (Sec. 19-41)
- Enforcement
- Chapter 8 code compliance, special magistrate
- County removal power
- Anything in ROW, any time, no notice
Summary
In the unincorporated Florida Keys (Monroe County), you need a county right-of-way use permit before building or maintaining any driveway, culvert, pavement, structure, or utility line in a public right-of-way. Sec. 19-33 of the Monroe County Code covers all such work, and the county can remove anything placed in its right-of-way at any time without notice if the work goes unpermitted or unmaintained.
(a)County public right-of-way use permits shall be required for all roads and streets to be constructed or improved in existing rights-of-way; and all roads and streets that are to be dedicated to the county; all construction or installation or maintenance of any public or private utility as provided for in section 19-36; and any structure, driveway, culvert, pavement, or object in the right-of-way or easement, other than those constructed or maintained by the county, within rights-of-way of the county road system as defined in F.S. § 334.03. ... (d)The county has the right to remove at any time anything within its right-of-way without notice.
Full Breakdown
The permit is issued by the Engineering Services Director under Sec. 19-33, and it covers construction or improvement of roads and streets in existing rights-of-way, utility installation, and any structure, driveway, culvert, pavement, or object placed in a county right-of-way or easement. Applicants file two scaled drawings plus the required fee with the engineering services department under Sec. 19-38, and all work must meet the technical standards in the Monroe County Public Works Manual and the Florida Greenbook. Sec. 00 naming the county as an additional insured before the permit takes effect.
Access driveways are capped at 24 feet wide under Sec. 19-41, limited to the fewest number needed to serve the property, and are reviewed for effects on sidewalks, ditches, swales, and curbs before installation. Some work is exempt from the permit under Sec. 19-34: utility construction completed under approved subdivision engineering plans before road acceptance, routine utility maintenance and repair covered by Sec. 19-36, and placing pea rock or ground cover, though pea rock must be a thin layer that does not block stormwater flow.
Sec. 19-40 makes the permittee responsible for restoring any county road or right-of-way it damages during construction, at its own expense, and requires written notice to the sheriff's department and fire and ambulance districts before any street closing approved by the board of county commissioners.
Violations & Fines
Failing to maintain permitted work, or building in the right-of-way without a permit, lets the county require the permittee to remove it, or remove it with county crews and prosecute under chapter 8 code enforcement before the special magistrate. Sec. 19-33(d) also gives the county the right to remove anything from its right-of-way at any time without notice, regardless of who placed it or when.
Frequently Asked Questions
Do I need a permit to install a driveway in unincorporated Monroe County?
Can I put landscaping in the right-of-way in front of my Keys property?
What happens if I build something in the right-of-way without a permit?
Sources & Official References
Other rules in Monroe County
Florida rules heatmap·Compare Monroe County to another location·View the Florida sidewalk & pedestrian rules overview
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