Pembroke Pines, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Building and Zoning Department
- Governing section
- § 52.23
- Correction notice window
- 15 days (§ 52.28)
- Paved swales
- Banned outside commercial/industrial zones
- Driveway apron radius
- 2.5 feet where it meets the road
- General penalty
- Up to $500 or 90 days (§ 10.99)
Summary
Pembroke Pines bars anyone from altering the contours of a swale, the strip of city right-of-way between the road and the sidewalk or property line, or paving it over, without a permit from the Building and Zoning Department. Applicants must submit plans and specifications and follow the Department's conditions first.
It shall be unlawful for any person to alter the existing contours of the swales, or pave the same as provided in § 52.24, without first obtaining a permit from the Building and Zoning Department. The person or firm seeking such a permit shall first submit plans and specifications to the Building and Zoning Department and shall comply with the conditions prescribed by the Department.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-61: Supplement contains: Local legislation current through Ord. 2056, passed 12-11-25).
Full Breakdown
The swale is defined in § 52.20 as the land immediately adjacent to the paved road surface, lying between the edge of the pavement and the lot line of the sidewalk or the property line, and § 52.22 explains it exists to drain surface water by percolation. Because that strip is city right-of-way even though it borders private lots, § 52.23 requires a Building and Zoning Department permit before any owner alters swale contours or paves them, and the applicant must first submit plans and specifications and meet the Department's conditions.
Section 52.24 sets the standards the permit has to satisfy: paved swales are banned outright except on commercially or industrially zoned lots, where paving needs a permit plus subsurface drainage that keeps runoff off neighboring land and the public right-of-way; other impervious paving or stabilizing material in the swale is prohibited; grass sodding or seeding is required and encouraged; and single-trunk trees are allowed only from an approved species list, spaced at least 25 feet apart, at least 20 feet from a corner, at least six feet tall at planting, and trimmed to an 8.5-foot clearance over sidewalks and 14.5 feet over the roadway.
Section 52.26 separately lets the Department permit driveway aprons crossing the swale, sized by lot frontage for single or double drives, graded flat from the sidewalk to the pavement without a dip, and built with a 2.5-foot radius where the drive meets the road. Abutting owners, not the city, must maintain the swale under § 52.25, and county tax-assessor records showing ownership serve as prima facie proof of who is responsible when a violation is found.
Violations & Fines
Altering or paving a swale, or building a driveway crossing it, without the § 52.23 permit is a chapter violation. Under § 52.28 the Public Works Department issues a written notice giving the abutting owner 15 days to correct or remove unpermitted work; if the owner doesn't act, the city performs the correction and charges the cost against the owner as a property lien. Section 52.99 otherwise punishes chapter violations under the citywide § 10.99 general penalty: up to $500 or 90 days in jail, each day a separate offense.
Frequently Asked Questions
Do I need a permit to pave or alter the swale in front of my house in Pembroke Pines?
Can I pave my swale for extra parking?
What happens if I alter the swale without a permit?
How do I get a driveway permit to cross the swale?
Sources & Official References
Other rules in Pembroke Pines
Florida rules heatmap·Compare Pembroke Pines to another location·View the Florida sidewalk & pedestrian rules overview
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