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

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

Key Facts

Permit administrator
City Manager, § 131.02
Permit fee
Set by City Commission resolution
No-permit penalty
Double fee plus damage deposit
First-offense civil fine
Up to $250, § 131.42(A)
Repeat-violation fine
Up to $500 per offense
Irreparable-injury fine
Up to $5,000
Exempt activity
Owner planting/maintaining a swale or median

Summary

In the City of Weston, Florida, nobody may construct, install, repair, remove, relocate or otherwise work in a public right-of-way, including sidewalk and swale areas, without first getting a right-of-way permit from the City. Weston Code of Ordinances § 131.04 sets the permit requirement; the City Manager administers the program under § 131.02.

131.04(A) Permit requirement. Except as otherwise provided in the Code, no Person may construct in any Rights-Of-Way without first having obtained a permit from the City. 131.04(B) A permit will allow the holder to construct in that part of the Rights-Of-Way described in such permit and to hinder free and open passage over the specified portion of the Rights-Of-Way by placing facilities described therein, subject to applicable permit terms.

Full Breakdown

Weston Code § 131.03(B) bars any person from constructing, installing, repairing, removing, relocating or performing other work on, or using, facilities in any right-of-way without a City permit, and § 131.04(A) repeats the bar specifically for construction work. A permit application must include a traffic maintenance plan showing protective measures for pedestrians and vehicles, the applicant's contact and emergency contact information, and a preliminary construction schedule with an estimated completion date (§ 131.04(F)). The City can refuse a permit to anyone who has not applied, is not in substantial compliance with this chapter, owes the City an outstanding debt tied to right-of-way work, or has an uncorrected permit violation (§ 131.04(G)).

Once issued, the permit must be posted conspicuously at the work site and is available for inspection by City inspectors (§ 131.04(E), (J)). Permit fees are set by resolution of the City Commission, and no permit issues before the fee is paid; fees already paid are non-refundable if the City revokes the permit for a breach (§ 131.05). One narrow carve-out exists: property owners planting or maintaining medians or swales between their property and the street curb are not deemed to be using or occupying the right-of-way and need no permit for that planting (§ 131.03(B)). The chapter does not apply to franchised communications or personal wireless providers, who are separately regulated under Chapters 132 and 133.

Violations & Fines

Anyone who does right-of-way work without first getting a permit must still obtain one after the fact, pay double the normal permit fee, and deposit funds with the City to cover any damage to the right-of-way (§ 131.06(A)). Under § 131.42(A), violating this chapter carries a civil penalty of up to $250 for a first offense and up to $500 for a repeat violation, or up to $5,000 if a court finds the violation caused irreparable injury; each day a violation continues is a separate offense, enforced under F.S. Chapter 162. The City can also sue for injunctive relief to stop the work (§ 131.42(B)(1)).

Frequently Asked Questions

Do I need a permit to work in a right-of-way in Weston, Florida?
Yes. Weston Code § 131.04(A) bars anyone from constructing in a City right-of-way, which includes sidewalk and swale areas, without first obtaining a right-of-way permit from the City, administered by the City Manager under § 131.02.
What happens if I do the work before getting a permit?
Under § 131.06(A), you must still obtain a permit afterward, pay double the normal permit fee, and deposit with the City the funds needed to repair any damage caused to the right-of-way, on top of complying with every other requirement of Chapter 131.
Can I be fined for an unpermitted encroachment in Weston?
Yes. Section 131.42(A) sets a civil penalty of up to $250 for a first offense and up to $500 for a repeat violation, rising to as much as $5,000 if the violation is found to have caused irreparable injury, with each day counted as a separate offense.
Do I need a permit just to plant grass or shrubs in my swale?
No. Section 131.03(B) specifically exempts residents planting or maintaining medians or swales between their property and the street curb from the right-of-way permit and occupation requirements of this chapter.

Sources & Official References

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