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Palm Beach Gardens, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Permit required
before any right-of-way improvement/alteration
Application filed with
city building department
Utility locate call
required under Ch. 556, F.S.
Registrant requirement
membership in Sunshine 811
Source
Ordinance No. 4, 2015

Summary

Anyone who wants to improve, alter, or modify a public right-of-way in the City of Palm Beach Gardens needs a right-of-way permit first. Code of Ordinances section 62-4 routes the application, plus fees, through the building department, requires the work to promote positive drainage or serve its intended use, and makes anyone digging in a right-of-way call Sunshine State One Call before breaking ground.

(a)No person shall undertake to improve, alter, or modify any right-of-way without first obtaining a right-of-way permit from the city.(b)Any work performed within a right-of-way shall meet the requirements to promote positive drainage or the intended use of such area, as determined with the issuance of the right-of-way permit.(c)The application for a right-of-way permit, together with the required fees and other charges, shall be filed with the building department on a form prescribed and furnished for that purpose. The application shall describe the nature of the proposed construction or improvements, the right-of-way location, and such other information as may be required by the city engineer or designee.

Full Breakdown

Section 62-4 sets the permitting gate for private work in the public right-of-way. No person may undertake to improve, alter, or modify a right-of-way without first getting a right-of-way permit from the city, and any work that does happen has to meet requirements that promote positive drainage or serve the right-of-way's intended use, as spelled out when the permit is issued. Applicants file with the building department on a prescribed form, pay the required fees and other charges, and describe the proposed construction or improvements, the right-of-way location, and any other information the city engineer or a designee asks for.

Before anyone digs, section 62-4(d) layers on a separate notice duty tied to state law: the applicant or the contiguous property owner must call to locate underground facilities in accordance with Chapter 556 of the Florida Statutes, and every city registrant, meaning a company registered under section 66-37, must belong to Sunshine State One Call of Florida, Inc., known as Sunshine 811, or its successor alert and warning system. That permit sits alongside section 62-5's separate rules on what structures can go in a right-of-way without a permit at all, such as USPS-approved mailboxes, city-approved traffic signs, and modular news racks, and section 62-3's maintenance duties for the contiguous property owner. The whole framework traces to Ordinance No. 4, 2015.

Violations & Fines

Section 62-4 does not attach its own fine schedule, but undertaking right-of-way work without the required permit violates the section outright, and section 62-6 lets the city relocate any facilities installed without proper authorization, or facilities that block a later city project, at the responsible party's expense, recorded as a lien on the property if left unpaid.

Frequently Asked Questions

Do I need a permit to work in the right-of-way in front of my house?
Yes. Section 62-4 requires anyone who wants to improve, alter, or modify a public right-of-way to obtain a right-of-way permit from the city first. The application goes to the building department with the required fees, a description of the work, and the right-of-way location.
Do I have to call before I dig in the right-of-way?
Yes. Section 62-4(d) requires the applicant or the contiguous property owner to call to locate underground facilities under Chapter 556 of the Florida Statutes before any excavation, and city registrants must belong to Sunshine State One Call of Florida, Inc., known as Sunshine 811.
What happens if I install something in the right-of-way without a permit?
Under section 62-6, the city can relocate facilities installed in the right-of-way without proper authorization, or that block a later city street or sidewalk project, and bill the cost to the registrant or contiguous property owner. Unpaid costs become a lien on the property until paid in full.

Sources & Official References

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