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Wellington, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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?
Yes, if the fence, wall, or entrance feature sits within the right-of-way itself. Sec. 20-5(F) requires walls, entrance enhancements, signage, and fencing in a Wellington right-of-way to be reviewed and permitted by the Public Works Department before installation.
Can I plant shrubs in the swale in front of my house?
Not without a permit. Sec. 20-5(D) limits right-of-way landscaping to sod and trees and states that no shrubs, hedges, or other material may be planted in the right-of-way unless properly permitted by the Public Works Department first.
What happens if I build something in the right-of-way without a permit?
Wellington gives notice to remove or repair it under Sec. 20-4. If it is not fixed in time, Village crews remove it and bill the responsible party, who can also face a civil fine of up to four times the permit cost.

Sources & Official References

Other rules in Wellington

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