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

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

Key Facts

Governing ordinance
Right-of-Way Utilization Ordinance, Sec. 42-31 to 42-56
Who may apply
Utilities, contractors, private citizens (Sec. 42-37)
Application form
Single form, Development Services Dept.
Permit status
License only, revocable as safety/maintenance hazard
Permit expiration
Void if unstarted in 90 days or unfinished in 1 year

Summary

Placing anything within a Palm Coast public right-of-way, from a landscaping bed to a utility line, requires a Right-of-Way Utilization Permit under Sec. 42-44. Private citizens, contractors and utility companies can all apply, but the application must be complete, typewritten or printed in ink, and the fee paid before the City issues the permit.

(a)A single application form furnished by the permitting office shall be used when applying for a right-of-way utilization permit. Applications forms may be obtained at the City's Development Services Department or at such other location as is determined by the City. Completed applications shall be submitted to that office.(b)Information provided by the applicant in completing the application form shall be typewritten or printed in ink. The application must be legible and all requested information must be provided. Instructions for completing the application are printed on the backside of the application. Incomplete applications will not be accepted.(c)Upon approval of the application and payment of the fee, one copy of the approved application (permit) with attachments will be returned to the applicant.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 44 | Land Development Code: Supplement 18).

Full Breakdown

Palm Coast's Right-of-Way Utilization Ordinance, codified at Sec. 42-31 through Sec. 42-56, requires a permit before any private party places, builds, installs or maintains a facility or structure within a City right-of-way, traveled way or dedicated easement. Sec. 42-37 opens permits to utility corporations, contractors responsible for installing or maintaining facilities, and private citizens, corporations or organizations with a legitimate purpose that poses no threat to public health, safety or welfare. Sec. 42-44 requires a single application form from the permitting office, available through the City's Development Services Department, filled out legibly in typewritten or printed ink with all requested information; incomplete applications are rejected outright. Only after the City approves the application and the applicant pays the fee does it return a signed copy as the permit.

Sec. 42-35(a) makes clear that the permit is a license for permissive use only, not a property right, and the City can revoke it if the work is or becomes a health or safety hazard or increases City maintenance burden. Sec. 42-45(b) requires the permit to stay on site while work is underway; any work found in progress without a valid permit on hand must stop until one is produced. Permits also expire: under Sec. 42-45(d), a permit becomes void if work does not begin within 90 days of the approval date or is not finished within one year, though a single 90-day extension is available on written request. Separately, Sec. 42-4 bars placing any nonfrangible item that poses a safety hazard within a right-of-way, with a narrow exception letting construction contractors stage equipment in the swale, at least two feet off the pavement, while a building permit is active.

Violations & Fines

Work performed in a Palm Coast right-of-way without a valid permit on site must be suspended under Sec. 42-45(b) until a permit is produced, and the City can revoke a permit outright under Sec. 42-35(a) if the work becomes a safety hazard or burdens City maintenance. Placing a safety hazard in the right-of-way outside any permit exception is separately barred under Sec. 42-4(e).

Frequently Asked Questions

Do I need a permit to install irrigation or landscaping near the street in Palm Coast?
Yes. Sec. 42-55 requires a Right-of-Way Utilization Permit before any landscaping or irrigation system, or related materials, goes into a dedicated or planned public right-of-way, and irrigation heads must be installed so spray does not cross sidewalks or roads.
Who can apply for a right-of-way utilization permit?
Sec. 42-37 opens permits to utility corporations, contractors responsible for installing or maintaining a facility, and private citizens, corporations or organizations with a legitimate purpose that poses no threat to public health, safety or welfare. The application itself is filed with the City's Development Services Department under Sec. 42-44.
How long is a Palm Coast right-of-way permit good for?
Under Sec. 42-45(d), the permit becomes void if work does not start within 90 days of approval or finish within one year of issuance, though the City allows one 90-day extension on written request explaining the delay.

Sources & Official References

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