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Port St. Lucie, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

Key Facts

Easement width covered
20 feet
Max fence/wall encroachment
0 to 20 feet
Max patio/deck encroachment
10 feet
Pool encroachment
pool: none; deck: 10 feet
Permit issued by
Public Works Department
Recording required
St. Lucie County public records

Summary

Port St. Lucie allows fences, pools, patios, sheds and other removable improvements to extend into a city-owned 20-foot easement only under a revocable encroachment permit issued by the public works department. Section 55.30's table caps how far each item may reach, and Section 55.02 makes any unpermitted alteration in a city easement illegal, with removal at the property owner's expense.

The city may issue a revocable encroachment permit that allows removable items to encroach into a 20-foot wide easement. The removable structure shall meet the required zoning setbacks. The following table shows the allowed items and maximum encroachment distance with a revocable encroachment permit.

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 103).

Full Breakdown

Chapter 55 of the Port St. Lucie Code of Ordinances governs city-owned easements reserved for stormwater and drainage facilities, water and sewer utilities, reuse lines, access and maintenance. 02(a) prohibits unpermitted alterations or improvements that limit or hinder use of a city-owned easement, but subsection (b) allows alterations within a 20-foot wide city-owned easement if the property owner first obtains a revocable encroachment permit under Article III. 30 authorizes the city to issue that permit for removable items that meet required zoning setbacks, and sets a table of maximum encroachment distances into the 20-foot easement: a residential fence or wall may run the full 20 feet, a residential patio, deck, screen enclosure, solar energy system, generator pad, flagpole or sidewalk may reach 10 feet, and on commercial property an accessory pad or dumpster, detention area, lighting, moveable accessory building or parking lot may reach 10 feet, while a pool deck itself may extend 10 feet though the pool may not encroach at all.

31 requires the application to go through the public works department, which charges a review and processing fee, and the applicant separately pays the recording fees; the approved permit must then be recorded in the public records of St. Lucie County. 03 makes any unauthorized structure, object or material in a city easement a code violation unless it is covered by a revocable encroachment permit, a contract or other specific city authorization.

Violations & Fines

Placing a fence, shed, pool deck or other improvement in a city easement without a recorded revocable encroachment permit violates Section 55.03. If the city later needs the easement, Section 55.02(c) lets it order removal of even a permitted improvement, and the property owner bears the full cost of removing it and restoring the easement; the city can take whatever action is necessary to collect those costs if the owner does not comply.

Frequently Asked Questions

Can I build a fence inside the drainage easement behind my house?
Yes, if you first get a revocable encroachment permit from the public works department. Section 55.30's table allows a residential fence to encroach the full 20 feet of a standard city easement, but the fence must still meet the required zoning setbacks and remains removable if the city ever needs the easement back.
Can my swimming pool go inside the easement?
No. Section 55.30's table lets the deck of a pool reach up to 10 feet into a residential easement, but the pool structure itself may not encroach at all. Anything placed without a matching permit is treated as a Section 55.03 violation regardless of how far it extends.
What happens if the city needs the easement back after I've built in it?
Because the permit is revocable, Section 55.02(c) lets the city require you to remove any permitted or unpermitted alteration in the easement on request, and you pay the full cost of removing it. Recording the permit in St. Lucie County's public records under Section 55.31(d) does not make the encroachment permanent.

Sources & Official References

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