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

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

Key Facts

Governing section
Sec. 42-62
Permit required for
Work within/on/under/above ROW
Grandfathered
Existing installations in place
State law tie-in
F.S. §§ 337.401-337.404

Summary

Hillsborough County requires a rights-of-way use permit before anyone builds, installs, or works within, on, under, or above county rights-of-way, including sidewalks.

City-specific rules exist: Tampa has its own encroachment permits rules that differ from Hillsborough County's county-level regulations. If you live in Tampa, check the city-specific page instead.

It shall be unlawful for any person, corporation, partnership, association, or other entity to construct, install, remove, relocate, or perform other work activities on utilities or installations within, on, under or above rights-of-way without first having obtained a rights-of-way use permit, unless such activity is specifically exempted by the Utility Accommodation Guide and Rights-of-Way Use Procedures Manual.

Full Breakdown

Under Sec. 42-62 of the county code, it is unlawful for any person, corporation, partnership, association, or other entity to construct, install, remove, relocate, or perform other work activities on utilities or installations within, on, under, or above rights-of-way without first obtaining a rights-of-way use permit. The application and fee are filed with the County per the Utility Accommodation Guide and Rights-of-Way Use Procedures Manual, and work must also meet F.S. §§ 337.401-337.404. Existing installations already in place when the article took effect are grandfathered and need no permit unless further work is done.

Violations & Fines

Working in the right-of-way without a permit is a violation of Sec. 42-62 and is enforceable under Sec. 42-66 of the same article, in addition to any civil action the County may bring to compel compliance or removal.

Frequently Asked Questions

Do I need a permit to install a driveway apron or fence near the sidewalk in unincorporated Hillsborough County?
Yes: any work within, on, under, or above the county right-of-way, which includes the area behind the curb where sidewalks sit, requires a rights-of-way use permit under Sec. 42-62 before you start.
Is an existing structure already in the right-of-way required to get a permit?
No. Sec. 42-58 exempts installations that were completely in place when the article became effective, unless further work is later performed on them.

Sources & Official References

Other rules in Hillsborough County

All Hillsborough County rules

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