Wellington, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required from
- Public Works and/or Engineering Department
- Swale marker size cap
- 12 in. diameter, 4 in. height
- Landscaping limit
- Sod and trees only without permit
- Fine for violation
- Up to 4x permit cost (§ 20-4)
- Fee schedule
- Set by Council resolution (§ 20-7)
- Mailbox exemption
- Exempt if needed for mail delivery
Summary
Anyone wanting to build, plant, or install something in a Wellington street right-of-way needs Village sign-off first. Sec. 20-5 requires review and a permit from the Public Works Department and/or Engineering Department before work, structures, landscaping, walls, signage, or fencing go into a Wellington right-of-way or easement, unless Florida law or the Code expressly exempts the activity.
A.Review and permit required: All work, activities, or construction proposed to be performed in a Wellington right-of-way or easement and all structures proposed to be erected, located, or maintained in a Wellington right-of-way or easement must be reviewed and permitted by the Public Works Department and/or the Engineering Department unless expressly exempted by Florida law or this Code.
Full Breakdown
Sec. 20-5 of the Wellington Code, in Chapter 20's rights-of-way article, is the Village's general encroachment-permit provision. Subsection A requires review and a permit from the Public Works Department and/or the Engineering Department for all work, activities, or construction proposed in a Wellington right-of-way or easement and for all structures proposed to be erected, located, or maintained there, unless Florida law or the Code expressly exempts the activity. Subsection B requires the permit to be displayed at the work site through every phase of the job.
The section then itemizes specific encroachments: single-trunk palms may be planted in a right-of-way with Public Works approval (subsection C); landscaping is limited to sod and trees, and no shrub or hedge may go in without a permit (subsection D); open cut and jack-and-bore work needs Public Works approval and a permit (subsection E); and walls, entrance features, signage, and fencing in a right-of-way must be reviewed and permitted by Public Works (subsection F). Swale markers are capped at 12 inches in diameter and four inches in height (subsection G), and swales must keep their original shape and grade, with the swale center along local 60-foot rights-of-way generally running eight inches below the road centerline or the back of sidewalk (subsection H).
Sec. 20-6 carves out two narrow exemptions: mailboxes placed to receive mail, and properly packaged trash set on an unpaved right-of-way no more than 24 hours before pickup. Fees for the permit are set by Council resolution under the Village's Permit and Inspection Fee Schedule, per Sec. 20-7.
Violations & Fines
Failing to get the Sec. 20-5 permit, or building something in the right-of-way that was not permitted, triggers Sec. 20-4: the owner and any responsible party get notice to remove or repair the unpermitted work, and if it is not timely fixed, Wellington crews do the removal and bill the responsible party for the cost. The section also authorizes a civil fine of up to four times the permit's cost, referred to the special magistrate under Chapter 2 and F.S. ch. 162, with proceeds deposited to Wellington's general fund.
Frequently Asked Questions
Do I need a permit to put a fence near a Wellington right-of-way?
Can I plant shrubs in the swale in front of my house?
What happens if I build something in the right-of-way without a permit?
Sources & Official References
Other rules in Wellington
Florida rules heatmap·Compare Wellington to another location·View the Florida sidewalk & pedestrian rules overview
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Encroachment Permits in Nearby Cities
How other cities in Palm Beach County handle encroachment permits.