Miami-Dade County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Governing section
- Miami-Dade County Code § 28-18
- Approving official
- Director, Public Works Department
- Minimum fence setback
- 10 feet from roadway pavement
- Removal deadline
- 60 days after director's notice
- Masonry walls
- Require non-use variance, § 33-311
Summary
Miami-Dade County bars any structure on a mapped street or right-of-way without the Public Works Director's written approval, covering pump houses, wire fences, and masonry walls across the incorporated and unincorporated county.
No building or any other type of structure shall be permitted on or in, a mapped street, except required and approved underground installations, and further excepting that pump houses for drip irrigation may be permitted to encroach into public rights-of-way providing prior written approval is obtained from the Director of Public Works Department, and further providing that a building permit is secured for such pump house placement.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).
Full Breakdown
Miami-Dade County Code § 28-18 bars any structure on or in a mapped street or right-of-way, but the Public Works Director may approve encroachments case by case. Pump houses for drip irrigation need written approval and a building permit, weighed against sight distance, pavement location, and effect on adjacent land uses. Wire fences without barbed wire need Director approval plus neighbor consent, and no fence or wall may sit closer than 10 feet from existing roadway pavement. Masonry walls need a non-use variance under § 33-311. Approved owners must record a covenant to remove the encroachment within 60 days if it becomes contrary to the public interest.
Violations & Fines
Encroaching without approval, or ignoring a Public Works Director removal notice, exposes the owner to code enforcement citation and forced removal of the pump house, fence, or wall at the owner's expense.
Frequently Asked Questions
Can I build a fence in the Miami-Dade right-of-way?
What happens if the county later says my encroachment is a problem?
Sources & Official References
Other rules in Miami-Dade County
Florida rules heatmap·Compare Miami-Dade County to another location·View the Florida sidewalk & pedestrian rules overview
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