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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Permit required for
Cutting, excavating, trenching ROW
Also covers
Private driveways crossing county property
Issuing office
County Road Department / Road Superintendent
Appeal path
Board of Commissioners on rejection
Restoration cost if noncompliant
Repair cost plus 10%
Penalty
Up to $1,000 fine / 6 months (§1-13)

Summary

Walker County Code § 26-33 makes it unlawful to cut, excavate, or trench any county right-of-way, road, sidewalk, curb, or ditch, or build a driveway intersecting county property, without first obtaining a permit from the County Road Department.

These county ordinances apply to unincorporated areas of Walker County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)It shall be unlawful for any person to cut, excavate or trench any right-of-way, road, street, lane, sidewalk, curb or ditch, or other property belonging to the County (for purposes of this section, hereinafter referred to as "County property"), or cause the same to be cut, excavated or trenched without first obtaining a permit from the County. ... (e)It shall be unlawful for any person to construct a private road or driveway which intersects County property or cause the same to be constructed without first obtaining a permit from the County. That portion of a private road or driveway which is constructed within the County right-of-way must be constructed to the specifications and requirements of the County. ... (k)Any person violating the terms of this section or rules and regulations promulgated pursuant thereto, may be punished per section 1-13. Separate offenses shall be deemed to be committed on each day during or on which a violation occurs or continues.

Full Breakdown

Chapter 26, Article II, Street Specifications, governs work in county rights-of-way countywide in unincorporated Walker County. Section 26-33(a) makes it unlawful to cut, excavate, or trench any right-of-way, road, street, lane, sidewalk, curb, or ditch belonging to the county without first obtaining a permit. Subsection (b) requires digging to start promptly once a permit issues and be restored to its original condition under the county's supervision. Subsection (c) requires a written application stating the work's character, location, probable square yards of surface removed, and start and completion dates; the County Road Superintendent must grant or reject it without unreasonable delay, and a rejected applicant may appeal to the Board of Commissioners.

Subsection (d) lets the county perform restoration itself if the permittee fails to, billing the cost plus 10 percent as a debt owed to the county. Subsection (e) extends the permit requirement to any private road or driveway intersecting county property, with the in-right-of-way portion built to county specifications. Subsections (f) through (i) separately make it unlawful to build a driveway that washes debris onto county property, to ignore reasonable county specifications, to place material in a right-of-way that interferes with drainage without a permit, or to damage county property. Subsection (j) adds that a conviction under (e) through (i) carries the repair cost plus 10 percent.

Violations & Fines

Excavating, trenching, or building a driveway in county right-of-way without a permit is unlawful under § 26-33(a) and (e). A rejected application may be appealed to the Board of Commissioners. Failure to restore disturbed county property costs the violator the repair expense plus 10 percent, and any violation of the section is punished under the general penalty in § 1-13: up to a $1,000 fine, six months, or both, with each day a separate offense.

Frequently Asked Questions

Do I need a permit to install a culvert or driveway pipe under a county ditch?
Yes. Section 26-33 requires a written permit application to the County Road Department before cutting, excavating, or trenching any county right-of-way, road, sidewalk, curb, or ditch, alongside the drain tile installation process covered separately in § 26-3.
What happens if the County Road Superintendent denies my permit?
Under § 26-33(c), you have the right to present the matter to the Walker County Board of Commissioners for review after the Road Superintendent rejects an excavation or driveway permit application.
What if I don't restore the right-of-way after digging?
The county can perform the repairs itself and bill you the restoration cost plus 10 percent as a debt owed to the county, in addition to any criminal penalty for the underlying permit violation under § 26-33(d) and (k).

Sources & Official References

Other rules in Walker County

All Walker County rules

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