Brevard County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- curb, sidewalk, driveway, culvert, utility work
- Issuing agency
- Public Works Department
- Driveway permit term
- 12 months, extendable 6 months
- Max penalty
- $500 fine or 60 days jail
- Applies only in
- unincorporated Brevard County
Summary
Building a driveway, sidewalk crossing, or utility line into a county right-of-way in unincorporated Brevard requires a right-of-way/easement permit from Public Works before work starts.
No person shall construct, remove, alter, reconstruct or relocate any curb, sidewalk, driveway, gutter, pavement, utility installation or other improvement in any county road or easement without obtaining a right-of-way/easement permit from the public works department. When a driveway or other existing improvement is relocated, changed, or abandoned, making any portion or all of the driveway or other improvement unnecessary, the owner of the abutting property shall obtain a permit and shall remove the driveway or other improvement and shall, at his own expense, install or replace all necessary curbs, gutters and sidewalks,
(Ord. No. 2006-16, § 8, 4-11-06; Ord. No. 2017-015, § 9, 7-11-17)
Sec. 86-101.5. - Permit application for small wireless facilities and support structures.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 135).
Full Breakdown
Unincorporated Brevard County bars construction, removal, or alteration of any curb, sidewalk, driveway, gutter, pavement, or utility installation within a county road or easement without a right-of-way/easement permit from the Public Works Department. Driveway permits run 12 months from issuance (extendable 6 months) unless tied to a building permit, in which case they expire with it. Commercial and utility work needs signed engineering drawings, contractor license copies, and often performance/maintenance bonding. This applies only to county-maintained rights-of-way in unincorporated areas. Palm Bay, Melbourne, Titusville, Cocoa, and the other Brevard cities issue their own right-of-way permits under their own codes.
Violations & Fines
Constructing without a permit is a Code violation punishable under § 1-7: up to a $500 fine and/or 60 days in jail, with each day of ongoing violation a separate offense. Unauthorized objects or attachments in the right-of-way can be removed by Public Works at the owner's expense without notice liability.
Frequently Asked Questions
Do I need a permit to replace a driveway in unincorporated Brevard?
Does this apply inside Palm Bay or Melbourne?
Sources & Official References
Other rules in Brevard County
Florida rules heatmap·Compare Brevard County to another location·View the Florida sidewalk & pedestrian rules overview
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