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

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

Key Facts

Permit required
Right-of-way use permit
Issuing authority
County Engineer
Security required
110% of work cost
Review window
60 days after complete
Exempt
County's own maintenance work

Summary

Working or placing anything in a Martin County road right-of-way, sidewalks included, requires a right-of-way use permit from the County Engineer before you start.

These county ordinances apply to unincorporated areas of Martin County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

It shall be unlawful for anyone to work in a County-maintained road right-of-way, as listed in the County's road inventory, without having obtained a right-of-way use permit in accordance with this article. All construction and maintenance work by the County or its contractors in the County road right-of-way is exempt from the requirement of obtaining a right-of-way use permit.155.32.C.A right-of-way maintenance agreement, which expressly defines the maintenance responsibilities being delegated and is recorded in the public records of Martin County, shall be required as a prerequisite to the issuance of a right-of-way use permit for work that is considered an enhancement as determined by the County Engineer, such as, but not limited to, landscape and irrigation, decorative streetlights, brick pavers, or neighborhood identification signs. (Ord. No. 1132, pt. 2, subpt. 2, 5-5-2020)

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 62 | Land Development Regulations: Supplement 62).

Full Breakdown

Martin County makes it unlawful to work in any County-maintained road right-of-way without a right-of-way use permit issued by the County Engineer. That covers utilities, landscaping, driveways, signs, and other private improvements placed in or over the sidewalk and roadway corridor. Applicants submit an engineered plan showing exact location and dimensions, a temporary sidewalk closure plan if the work blocks pedestrian access, a cost estimate, security equal to 110 percent of the work's cost, and proof of liability insurance naming the County as additional insured. Enhancement work like landscaping or decorative streetlights also needs a recorded maintenance agreement before the permit issues.

Violations & Fines

Working in the right-of-way without a permit is unlawful under Sec. 155.32; the County Engineer can deny or condition applications and require removal of unpermitted encroachments.

Frequently Asked Questions

Do I need a permit to put a driveway or sign near the sidewalk in Martin County?
Yes: any work in a County-maintained road right-of-way, including near sidewalks, needs a right-of-way use permit from the County Engineer under Sec. 155.32.
What does a Martin County right-of-way use permit application require?
An engineered plan, sidewalk closure plan if needed, cost estimate, security at 110% of cost, and liability insurance naming the County as additional insured.

Sources & Official References

Other rules in Martin County

All Martin County rules

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