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Manatee County, 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 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.

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

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)

View official code

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?
Yes. Sec. 2-28-22 requires a right-of-way use permit before any construction, installation, removal, relocation or work activity within, on, under or above a county right-of-way, unless the work is routine maintenance that skips excavation and lane or sidewalk closures, or is otherwise exempted by state or federal law.
What happens if I work in the right-of-way without a permit in Manatee County?
The right-of-way manager or a code enforcement officer can order the site secured and closed until a valid permit is produced, and Sec. 2-28-35(a) subjects anyone who violates that order to the maximum code enforcement fines and penalties allowed by law under Chapter 162, Florida Statutes.
How long does a Manatee County right-of-way permit last?
Up to one year from issuance under Sec. 2-28-28(c). The right-of-way manager can extend it once for up to another year, and the extension fee is half the original permit fee under Sec. 2-28-33(d).
Is a bond required for right-of-way work in Manatee County?
Yes. Sec. 2-28-34 requires a surety bond, or an equivalent like cash, a certified check or an irrevocable letter of credit, sized to a licensed engineer's or contractor's cost estimate, and held for a two-year guarantee period after the work is finished.

Sources & Official References

Other rules in Manatee County

All Manatee County rules

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