Manatee County, FL Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- any work within, on, under or above county ROW
- Governing section
- Manatee County Code Sec. 2-28-22
- Working hours
- 7:00 a.m.-7:00 p.m., Mon-Sat
- Bond guarantee period
- 2 years after installation
- Permit term
- up to 1 year, one extension allowed
- Appeal path
- county engineer, then special magistrate
Summary
Anyone who builds, installs, removes, relocates or performs work within, on, under or above a county right-of-way in unincorporated Manatee County needs a right-of-way use permit first. The right-of-way manager reviews engineering drawings, requires a surety bond, and can deny, condition, suspend or revoke the permit under Sec. 2-28-22 through 2-28-35 of the county code.
Before any person, corporation, partnership, association, or other entity constructs, installs, removes, relocates, or performs any work activities within, on, under or above a right-of-way, a right-of-way use permit shall first be obtained, unless such activity is specifically exempted by federal or state law or other applicable rules or codes or this article.(b)Permittees and licensees shall not be required to obtain separate permits for:(1)Routine maintenance provided such work does not involve excavation, closure of a sidewalk, or closure of a vehicular lane;(2)Replacement of existing wireless facilities with wireless facilities that are substantially similar or of the same or smaller size provided such work does not involve excavation, closure of a sidewalk or closure of a vehicular lane; or(3)Installation, placement, maintenance or replacement of micro wireless facilities that are suspended on cables strung between existing utility poles in compliance with applicable codes by or for a communications services provider authorized to occupy the rights-of-way and who is remitting taxes under Chapter 202, Florida Statutes, provided such work does not involve excavation, closure of a sidewalk or closure of a vehicular lane.(c)No permit is required for a utility company to perform emergency repairs. (Ord. No. 17-21, § 3, 3-7-17; Ord. No. 17-48 § 3, 11-7-17)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 124 | Land Development Code: Supplement 21).
Full Breakdown
Sec. 2-28-22 makes a right-of-way use permit mandatory before any person, corporation, partnership or association constructs, installs, removes, relocates or performs work within, on, under or above a county right-of-way, unless the activity is exempted by state or federal law. Routine maintenance that does not involve excavation or closing a sidewalk or vehicular lane, replacement of substantially similar wireless facilities, and utility emergency repairs are excused from the permit requirement. Applications under Sec. 2-28-25 must include a completed form, signed and sealed engineering drawings showing the offset from the right-of-way centerline, right-of-way and pavement width, and a cost estimate; the right-of-way manager can also require a traffic control and management plan meeting FDOT Series 600 or MUTCD standards when the work will encroach on vehicle, bicycle or pedestrian traffic.
Sec. 2-28-33 lets the board set the fee schedule, exempts county employees and contractors, and charges half price for permit extensions. Sec. 2-28-34 requires a surety bond, or cash, certified check or letter of credit in lieu of bond, sized to a licensed engineer's or contractor's cost estimate, held for a two-year guarantee period after installation is complete. Permits run no more than one year and may be extended once for up to another year (Sec. 2-28-28(c)). , Monday through Saturday, unless the right-of-way manager approves a deviation; emergency repairs and nighttime water tie-ins are excepted (Sec.
2-28-30). A copy of the permit must stay on site while work is underway (Sec. 2-28-28(d)), and the permittee must restore any disturbed area, including sod, shrubbery and damaged pavement, to its pre-work condition at its own expense (Sec. 2-28-31).
Violations & Fines
Under Sec. 2-28-35(a), the right-of-way manager or any county code enforcement officer can order a work site secured and closed until a valid permit copy is produced on site, and anyone violating a site-securing order faces the maximum code enforcement fines and penalties allowed by law. The right-of-way manager, designated a code enforcement officer under Section 162.21(2), Florida Statutes, can issue citations enforced under Chapter 162, Florida Statutes, and can revoke or suspend a permit for any violation of the article or for a condition that endangers public health or safety (Sec. 2-28-35(b)).
Frequently Asked Questions
Do I need a permit to dig or build in the road right-of-way in unincorporated Manatee County?
What happens if I work in the right-of-way without a permit in Manatee County?
How long does a Manatee County right-of-way permit last?
Is a bond required for right-of-way work in Manatee County?
Sources & Official References
Other rules in Manatee County
Florida rules heatmap·Compare Manatee County to another location·View the Florida sidewalk & pedestrian rules overview
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