Skip to main content
CityRuleLookup

Whitfield County, GA Sidewalk & Pedestrian Rules: Encroachment Permits (2026)

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

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

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?
Yes. Section 13-26 requires anyone encroaching on a county road right-of-way for a purpose other than the right-of-way's intended use to first file an encroachment permit application, including a site plan meeting the road department's standards, with the Whitfield County Road Department.
What has to be in a Whitfield County encroachment permit application?
A site plan is always required, showing property lines, the distance from the road centerline to the right-of-way line, route numbers, drainage features, and existing vegetation on the right-of-way. Section 13-26 lets the department also demand a cross-section plan and a landscaping plan depending on the project.
What happens if I encroach on a county right-of-way without a permit?
Whitfield County can pursue the encroachment under state law, O.C.G.A. § 32-6-1 et seq., and require reimbursement for removal and repair costs under § 13-32. A related county ordinance violation is a misdemeanor punishable by up to $1,000.00 per day, up to 12 months in jail, or both.

Sources & Official References

Other rules in Whitfield County

All Whitfield County rules

Compare Whitfield County to another location·View the Georgia sidewalk & pedestrian rules overview

Get notified when Encroachment Permits in Whitfield County, GA changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.