Smyrna, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Section 90-4 of the Smyrna Code applies to private underground utilities, and the code gives lawn sprinkler systems and yard lighting as examples. None of them can be installed within a public right-of-way or public easement except by written permit issued by the public works department. Homeowners who run irrigation lines or lighting cable under the strip between the sidewalk and the street are inside that rule.

The section also allocates risk. The owner of the private utility is responsible for damage to any public utility or other property incurred by the installation, maintenance or repair of the private facility. The owner also bears all repair cost of the privately owned facilities if they are damaged during installation, maintenance or repair of any of the public utilities, sidewalks, etc., within the right-of-way or easement. The city is not liable for damage it causes to any unpermitted private utility within the right-of-way or easement, which removes the usual claim a homeowner would bring after a public works crew cuts an unmarked sprinkler line.

Other Chapter 90 permits cover different intrusions. Section 90-1 says no person can remove, cut, dig into or tear up any portion of any paved street or sidewalk for any purpose without first obtaining a permit from the city superintendent of public works. Section 90-2 makes it unlawful to construct, open, grade or use a driveway or other opening from private property into any street, highway or thoroughfare, or across any sidewalk, without a permit from the superintendent of public works. The driveway must conform to the city's standard specifications from the curb or gutter line to the property line and cannot obstruct the free flow of water in gutters. Section 90-3 requires driveway openings to be covered with chert, stone, concrete, asphalt, brick or similar material that keeps dirt from washing onto the sidewalk or street.

A permit for a physical obstruction is a different matter. Section 90-31 requires consent of the Mayor and Council at a regularly constituted meeting, entered upon the minutes, before anything obstructs a street, easement or public sidewalk.