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Nassau County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit issued by
engineering services director
Barred uses
commercial sales/service, camping, sleeping
Permitted uses
utility/water/sewer lines, driveways, event parking
Lead time
2-45 days depending on use
Appeal window
30 days to BOCC
Max penalty
$500 fine and/or 60 days jail

Summary

Using any county right-of-way in Nassau County, above or below ground, requires a permit from the engineering services director. Commercial use, camping and other traffic-obstructing activities are barred outright, while special-event parking, driveway and drainage work, utility lines and roadway improvements can be permitted.

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

Any utilization of the rights-of-way or appendages thereof whether above ground or underground is prohibited without obtaining a permit from the engineering services director or his designee for items for which a permit may be granted. ... (a)Commercial use. Prohibited commercial use includes, but is not limited to, the sale or display of any merchandise servicing or repair of vehicles, except the rendering of emergency service, and the display of advertising of any sort. Commercial use shall not include any utilization by public authorities or county road crews.(b)Recreational use. Those uses include camping, sleeping, and any other use that obstructs traffic or poses a safety problem as determined by the engineering services director. ... (1)Parking for special events;(2)Installation of driveways or drainage structures;(3)Utility lines either above grade or below ground;(4)Water and sewer lines;(5)Roadway improvements. ... It is unlawful for any person to violate this article. A violation of any section of this article shall subject the violator to a penalty, upon conviction, of up to five hundred dollars ($500.00) and/or sixty (60) days in the county jail.

Full Breakdown

Nassau County Code Article II, Rights-of-Way Usage (§§ 25-31 through 25-37), covers any county right-of-way in the incorporated or unincorporated areas of the county and its appendages. Section 25-32 makes any above-ground or underground utilization of a right-of-way unlawful without a permit from the engineering services director or a designee. Section 25-33 flatly bars permits for commercial use, such as selling or displaying merchandise or servicing vehicles (except emergency roadside service), and for recreational use such as camping, sleeping, or anything that obstructs traffic or creates a safety problem.

Section 25-34 lists what can be permitted: special-event parking, driveway or drainage structure installation, above- or below-grade utility lines, water and sewer lines, and roadway improvements. Section 25-35 sets the timelines: special-event parking applications go in at least forty-five days ahead, construction-activity permits (utility installation, driveway connections, sidewalks, drainage alterations) at least two weeks ahead, and utility-line permits at least thirty days ahead; utility-line permits are issued as a license requiring the licensee to repair any road damage and to move lines at its own expense if the county later widens or rebuilds the road.

Fees are set by separate board resolution on the engineering services director's recommendation. A denied applicant may appeal to the board of county commissioners within thirty days under § 25-36, filing the appeal with the clerk of the court.

Violations & Fines

Section 25-37 makes it unlawful to violate any part of Article II. A violation carries a penalty, on conviction, of up to $500 and/or sixty days in the county jail, the same penalty structure applied elsewhere in the county's roads and rights-of-way chapter.

Frequently Asked Questions

Can I set up a food stand on the road shoulder?
No. Section 25-33 bars any commercial use of a county right-of-way, including selling or displaying merchandise, except emergency vehicle service performed by public authorities or county road crews.
How far ahead do I need to apply for a driveway permit?
At least two weeks before the construction activity begins, under § 25-35(2), which covers driveway connections, utility installation, sidewalks and drainage alterations.
What if the engineering services director denies my right-of-way permit?
You can appeal to the board of county commissioners within thirty days of the denial by filing with the clerk of the court, under § 25-36.
What's the penalty for using a right-of-way without a permit?
Up to a $500 fine and/or sixty days in the county jail under § 25-37, the general penalty for the entire Article II right-of-way usage article.

Sources & Official References

Other rules in Nassau County

All Nassau County rules

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