Orange County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit type
- Right-of-way utilization permit
- Issuing office
- County engineer
- Covers
- Fences, driveways, landscaping, utility lines
- Applies to
- Private citizens and contractors alike
Summary
Orange County requires a right-of-way utilization permit before any private contractor, citizen, or utility installs a fence, driveway, landscaping, or other facility within a county right-of-way.
The regulations in this article are enacted under the home rule power of the county for the purpose of providing necessary regulations for use of any county right-of-way or traveled ways and shall apply to all private contractors, private citizens, utility companies, municipalities and to any person or group proposing to install, construct, maintain or repair any facility or structure within any of the existing or planned rights-of-way, or traveled ways or drainage easements...
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 128).
Full Breakdown
Sec. 21-172 applies the county's right-of-way utilization regulations to 'all private contractors, private citizens, utility companies, municipalities and to any person or group proposing to install, construct, maintain or repair any facility or structure' within an existing or planned county right-of-way, traveled way, or drainage easement. Sec. 21-173 defines 'facility' to include fences, landscaping, signage, driveways, and utility lines. Applications go through the county engineer under Sec. 21-196, and violations are punishable under Sec. 21-174.
Violations & Fines
Placing a facility or structure in a county right-of-way without an approved right-of-way utilization permit is punishable under Sec. 21-174, and the permit may be revoked if the work is found detrimental to the public interest under Sec. 21-175(a).
Frequently Asked Questions
Do I need a permit to put a fence near the road?
Who reviews right-of-way permit applications?
Sources & Official References
Other rules in Orange County
Florida rules heatmap·Compare Orange County to another location·View the Florida sidewalk & pedestrian rules overview
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