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Pembroke Pines, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

View official code

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

22 explains it exists to drain surface water by percolation. 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. 5 feet over the roadway. 5-foot radius where the drive meets the road. 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?
Yes. Section 52.23 makes it unlawful to alter swale contours or pave the area without first getting a permit from the Building and Zoning Department. You must submit plans and specifications and meet the Department's conditions before starting work, even on your own frontage.
Can I pave my swale for extra parking?
Only if your lot is zoned commercial or industrial. Section 52.24(A) prohibits paved swales everywhere else, and even on commercial or industrial lots the owner needs a permit plus drainage that keeps runoff off neighboring land and the public right-of-way.
What happens if I alter the swale without a permit?
The Public Works Department can issue a notice of violation under § 52.28 giving you 15 days to correct or remove the work. Miss the deadline and the city fixes it and places a lien on your property for the cost, on top of the § 10.99 general fine.
How do I get a driveway permit to cross the swale?
Apply to the Building and Zoning Department under § 52.26. The permitted width depends on your lot's frontage and whether it is a single or double drive, and the finished apron must use a 2.5-foot radius at the road and grade flat from the sidewalk to the pavement.

Sources & Official References

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