Volusia County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Consent
- County written consent required for private ROW use
- Covers
- Merchandise sales, vehicle repair, storage, advertising
- Peddler exception
- Licensed peddlers can sell only to abutting occupants
- Penalty basis
- Enforced under general penalty, Sec. 1-7
- Fine range
- Fine up to $500 plus 60 days jail
- Ordinance history
- Adopted 1979, amended by Ord. 2025-07
Summary
Volusia County bars any private use of a county right-of-way for anything besides its intended purpose unless the property owner first secures the county's written consent. Section 94-1 sweeps in commercial displays, vehicle repair and storage, and advertising placed on the road shoulder, verge, or drainage swale fronting a home or business.
(a)County consent required. Pursuant to the police power of the county, the county council hereby determines, in the interest of the health, safety and welfare of its citizens, that the use of any county right-of-way, including appendages thereto, and the use of any public lands under the authority of the county council, except for their intended purpose, without prior written consent of the county shall be prohibited.(b)Commercial use. The prohibition set out in subsection (a) of this section includes any commercial use, including but not limited to the sale of and display for sale of any merchandise, the servicing or repair of any vehicles except the rendering of emergency service, the storage or parking of vehicles and the display of advertising of any sort.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 108 Update 1).
Full Breakdown
Under Sec. 94-1(a) of the county code, the county council determined that using any county right-of-way, or public lands under the county council's authority, for anything but its intended purpose without prior written county consent is prohibited outright. Subsection (b) spells out what counts as commercial use: selling or displaying merchandise for sale, repairing or servicing vehicles (except emergency roadside help), parking or storing vehicles, and posting advertising of any kind on the ROW. Subsection (c) adds a parallel ban on camping, sleeping, and any use that would obstruct traffic along the right-of-way without prior written approval.
Subsection (d) carves out one narrow exception: a person holding a valid peddler's license from the appropriate government may sell from a vehicle stopped on the ROW, but only to occupants of the abutting property, not to passersby generally. , where the actual permit application is processed. Enforcement runs through Sec. 1-7, the Code's general penalty provision, so anyone using a right-of-way for a prohibited purpose without consent risks the same fine and jail exposure as any other code violation. The section was adopted by Ord.
No. 79-24 in 1979 and most recently amended by Ord. No. 2025-07 on February 4, 2025, showing the county still actively updates this ROW-use gate.
Violations & Fines
Using a county right-of-way without written consent, parking a trailer, storing equipment, posting a sales sign, or running a roadside repair stand, is punishable under Sec. 1-7: a fine up to $500.00, up to 60 days in the county jail, or both, and each day the unauthorized use continues counts as a separate offense. The county can also seek injunctive relief and recover its attorney's fees in any enforcement litigation.
Frequently Asked Questions
Can I put a for-sale sign or park equipment on the road shoulder in front of my property?
Does a roadside repair stand or mobile mechanic violate this rule?
Are traveling peddlers allowed to sell from the right-of-way?
What happens if I'm cited for an unpermitted right-of-way use?
Sources & Official References
Other rules in Volusia County
Florida rules heatmap·Compare Volusia County to another location·View the Florida sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.