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Cobb County, GA Sidewalk & Pedestrian Rules: Obstruction Rules (2026)

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

Key Facts

Governing section
Code of Ordinances § 106-10(c)
Enforcing agency
County Department of Transportation
Scope
Unincorporated Cobb County only
Permission required
Written DOT approval before placing anything in ROW
Penalty basis
General penalty, Code § 1-10
Last amended
November 20, 2025
Related duty
Restore pavement per DOT specs after work

Summary

In unincorporated Cobb County, sidewalks and other rights-of-way must stay clear of unnecessary obstructions. Placing any structure or material there, including junk or debris, without written permission from the county Department of Transportation exposes the responsible party to legal action or prosecution under Code of Ordinances section 106-10(c), the same section that requires DOT approval before any pavement or curb cut.

City-specific rules exist: Acworth has its own obstruction rules rules that differ from Cobb County's county-level regulations. If you live in Acworth, check the city-specific page instead.

(a)Any utility, contractor, firm or individual shall obtain approval through the county Department of Transportation prior to starting any pavement cuts, curb cuts or any utility repairs or installations on county rights-of-way. Allowances will be made for emergency conditions or maintenance activities... (c)The rights-of-way shall be kept clear of any form of unnecessary obstruction. Anyone not having written permission from the county Department of Transportation to place any type of structure or material, including junk or debris, on the rights-of-way shall be subject to legal action and/or prosecution as provided by law. (Ord. of 1-23-01; Amd. of 11-20-25)

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 53).

Full Breakdown

Section 106-10 of the Cobb County Code of Ordinances, titled "Pavement cuts, utility work; permission, restoration, obstructions," is the county's core sidewalk and right-of-way encroachment rule for unincorporated territory. Subsection (a) requires any utility, contractor, firm, or individual to get approval from the county Department of Transportation before starting pavement cuts, curb cuts, or utility repairs or installations on county rights-of-way, with allowances only for emergency conditions or maintenance activities. Subsection (b) then requires the party who did that work to repair the affected pavement or right-of-way to the department's satisfaction and to its filed work specifications.

Subsection (c) is the general obstruction rule: rights-of-way, which under this chapter's title expressly covers sidewalks, must be kept clear of any form of unnecessary obstruction, and anyone without written DOT permission who places a structure or material, including junk or debris, in the right-of-way is subject to legal action and/or prosecution as provided by law. Utilities defined under section 106-3(b)(1) must also follow the separate utility accommodation policy in sections 106-3 and 106-4. section 15-10-60, and continuing violations are treated as a nuisance that the county can abate through injunctive or other equitable relief in addition to any fine.

Section 106-10 was most recently amended November 20, 2025. This rule governs only the unincorporated county; Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, and Austell each enforce their own municipal right-of-way and sidewalk codes within their city limits.

Violations & Fines

A first offense is charged as a Code of Ordinances violation prosecuted under the county's general penalty, section 1-10, which authorizes a fine, imprisonment, and/or probation capped at the maximum a Georgia magistrate court may impose under O.C.G.A. section 15-10-60. Because section 106-10(c) treats an unpermitted obstruction as ongoing, the county can also pursue injunctive or other equitable relief to force removal, and a continuing obstruction is independently classified as a nuisance under section 1-10(e), so a fine does not preclude a forced abatement order.

Frequently Asked Questions

Does this rule apply if I live in Marietta or Smyrna?
No. Section 106-10 governs only unincorporated Cobb County. Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, and Austell each maintain their own municipal code and enforce their own right-of-way and sidewalk rules within city limits, so a property inside any of those cities is not covered by this county provision.
Can I put a dumpster, sign, or landscaping in the right-of-way near my driveway?
Not without written permission from the county Department of Transportation first. Section 106-10(c) requires the rights-of-way to stay clear of any unnecessary obstruction, and any structure or material placed there, including debris or junk, without that written DOT approval subjects the responsible party to legal action or prosecution.
What happens if a utility company cuts the pavement in front of my house?
The utility or contractor must first get Department of Transportation approval under section 106-10(a), except in emergencies or routine maintenance. Once the work is done, section 106-10(b) requires the party to repair the pavement or right-of-way to the department's filed specifications and to the department's satisfaction, not just patch it temporarily.
What penalty applies to an obstruction violation?
Section 106-10 has no standalone fine, so enforcement runs through the county's general penalty at section 1-10: a fine, imprisonment, and/or probation up to the maximum Georgia law permits under O.C.G.A. section 15-10-60. Continuing obstructions are also treated as a nuisance the county can force removed through injunctive relief.
Is this a new rule?
The obstruction and permit-based structure dates to an ordinance of January 23, 2001, but the county amended section 106-10 again on November 20, 2025, so the current text, including the written-permission requirement for obstructions in subsection (c), reflects that latest amendment rather than the original 2001 language.

Sources & Official References

Other rules in Cobb County

All Cobb County rules

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