Whitfield County, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)
Key Facts
- Permit required for
- Any non-road-purpose right-of-way encroachment
- Who reviews
- Whitfield County Road Department
- May also require
- Landscaping plan and cross-section plan
- Cross-section interval
- Every 50 feet, if requested
- Maximum fine
- $1,000.00 per day of violation
Summary
Anyone wanting to encroach on a Whitfield County road right-of-way for a reason other than its intended use, such as landscaping, signage or a structure, must first file an encroachment permit application with a site plan meeting the road department's standards. The department can also require a landscaping plan and a cross-section plan before approving the work.
Any third party desiring to encroach upon a county right-of-way for any reason other than to use said right-of-way for its intended purposes must file an encroachment permit application including a site plan, and, if requested by the department, a landscaping plan and a cross-section plan, each of which conforms to the department's standards and specifications.
Full Breakdown
Section 13-26 of the Whitfield County Code requires any third party wanting to encroach on a county right-of-way, for a purpose other than the right-of-way's intended use, to file an encroachment permit application with the Whitfield County Road Department before doing the work. The application must include a site plan meeting the department's standards and specifications, and the department can also require a landscaping plan and a cross-section plan depending on the project. route numbers involved, the DOT milepost and posted speed limit, existing and proposed drainage features, and any existing trees, shrubs or vegetation located on the county right-of-way.
Where the department requests a cross-section plan, § 13-26(b) calls for cross-sections at 50-foot intervals with slopes within the right-of-way no steeper than 4:1, and a landscaping plan under § 13-26(c) must keep plants taller than 30 inches or with a trunk over four inches in diameter at least 30 feet from the pavement edge, or eight feet from the back of curb where the speed limit is 35 mph or less. This permit process runs separately from the driveway permit process in § 13-22 through § 13-25, which governs new or altered driveways onto county roads.
Violations & Fines
Encroaching on a Whitfield County right-of-way without the permit required by § 13-26 exposes a person to prosecution under state law, O.C.G.A. § 32-6-1 et seq., which Whitfield County enforces as noted in § 13-32, and the violator must reimburse the county for the cost of removing the encroachment and repairing any damage. A separate county ordinance violation under § 13-32(b) is a misdemeanor punishable by up to $1,000.00 per day the violation continues, or up to 12 months imprisonment, or both, with each day treated as a separate offense.
Frequently Asked Questions
Do I need a permit to put something in the Whitfield County right-of-way?
What has to be in a Whitfield County encroachment permit application?
What happens if I encroach on a county right-of-way without a permit?
Sources & Official References
Other rules in Whitfield County
Compare Whitfield County to another location·View the Georgia sidewalk & pedestrian rules overview
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