St. Petersburg, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit issuer
- Planning & Economic Development Dept. (POD)
- Legal status
- revocable license, not a property interest
- Clearance from curb
- minimum 4 feet
- Termination notice
- 30 days' written notice by POD
- Nonpayment remedy
- City may remove & lien the property
Summary
Building or maintaining a structure that reaches into a St. Petersburg public right-of-way or easement, a dock, entry feature, or similar minor accessory structure, requires a minor easement permit from the Planning and Economic Development Department (POD) under City Code § 25-273, and it functions only as a revocable license, not a property right.
(a)The purpose of the minor easement permit is to:(1)Provide for minor encroachments into public rights-of-way or easements as a result of prior structures occupying such right-of-way or easement by right or error, where vacation is not practical or does not adequately protect the public interest; ... (b)No person shall construct, operate, maintain or allow to exist a building or structure or appurtenance thereto which encroaches in whole or in part into, under, or over any public rights-of-way, or easements, within the City without having a current minor easement permit issued by the POD in accordance with this section, unless the encroachment consists of an approved incidental architectural detail, an approved underground foundation or footing, or a building or structure for which air rights have been vacated.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 54).
Full Breakdown
Section 25-273(b) states: 'No person shall construct, operate, maintain or allow to exist a building or structure or appurtenance thereto which encroaches in whole or in part into, under, or over any public rights-of-way, or easements, within the City without having a current minor easement permit issued by the POD in accordance with this section,' with narrow carve-outs for approved incidental architectural details, approved underground foundations, or structures where air rights have already been vacated. Under § 25-273(a), the permit exists to let the City authorize minor encroachments, prior structures occupying the right-of-way by right or error, new minor accessory structures like docks, entry features or decorative paving, and minor private utilities, where a full right-of-way vacation isn't practical.
Section 25-273(c) requires the applicant to pay a City Council-set application fee, and § 25-273(d) lets the POD or Council attach conditions, including a hold-harmless and indemnity agreement, a duty to restore any disturbed street or sidewalk to standard, and a requirement to relocate or remove the encroachment on City demand for utility work or other public need. Structures built into a right-of-way under this permit can't sit within four feet of the curb face and must meet Chapter 16's intersection-visibility standards. Under § 25-273(e), the permit is 'deemed a license and not an easement or other property interest' and lasts only for the useful life of the structure; the POD can terminate it for good cause on 30 days' written notice, and denials or terminations are appealable to City Council under Chapter 16 procedures.
Violations & Fines
Encroaching into a public right-of-way or easement without a current minor easement permit violates § 25-273(b) directly. If the structure becomes a safety threat and the owner doesn't remove it after POD notice, § 25-273(e)(1) lets the POD demolish it under Chapter 8 procedures and assess the cost as a lien against the property, superior to all other liens until paid.
Frequently Asked Questions
Do I need a permit for a dock or entry feature that extends into the City right-of-way?
Does a minor easement permit give me ownership of that piece of right-of-way?
How close to the curb can an encroaching structure be built?
Sources & Official References
Other rules in St. Petersburg
Florida rules heatmap·Compare St. Petersburg to another location·View the Florida sidewalk & pedestrian rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Encroachment Permits in Nearby Cities
How other cities in Pinellas County handle encroachment permits.