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

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

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 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?
Yes. Section 25-273(b) bans any structure that encroaches into, under or over a public right-of-way or easement without a current minor easement permit from the POD, and § 25-273(a)(2) lists new minor accessory structures, including docks and entry features, as exactly what this permit is meant to authorize.
Does a minor easement permit give me ownership of that piece of right-of-way?
No. Section 25-273(e) is explicit that 'a minor easement permit shall be deemed a license and not an easement or other property interest,' and it lasts only for the useful life of the structure: the City can terminate it for good cause on 30 days' notice.
How close to the curb can an encroaching structure be built?
Section 25-273(d)(6) requires structures built under a minor easement permit to stay at least four feet from the face of the curb or edge of pavement, meet the intersection-visibility standards in Chapter 16, and not significantly impede vehicular or pedestrian access.

Sources & Official References

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Encroachment Permits in Nearby Cities

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