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

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

Key Facts

Banned in right-of-way
Parked vehicles, stored materials, plant life
Exception
Temporary parking of disabled vehicles only
Stormwater rule
No diversion into highway drainage system
Structures
Walls, fences, signs need encroachment permit
Maximum fine
$1,000.00 per day, up to 12 months

Summary

Whitfield County bars parking or storing vehicles, materials, walls, fences, signs or plant life in a county road right-of-way without department authorization, and bans diverting stormwater or commercial wastewater into the county's highway drainage system. Violators can be prosecuted under state law and must reimburse the county for removing the obstruction.

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.

[The following encroachments are prohibited:] ... (1)County R/W must not be used for parking or storage of any vehicle, except for temporary parking of disabled vehicles on the shoulder of roads.(2)No materials can be stored or placed upon county R/W unless authorized by the department.(3)Stormwater from property adjacent to the R/W may not be diverted into the highway drainage system. Commercial wastewater will not be allowed on county R/W.(4)No walls, fences, signs, large rocks, monuments, structures, trees or other plant life can be placed on or removed from county R/W without a special encroachment permit.

Full Breakdown

Section 13-27 of the Whitfield County Code lists four categories of prohibited right-of-way encroachments enforced by the Whitfield County Road Department. County right-of-way cannot be used for parking or storing any vehicle, except for temporary parking of a disabled vehicle on the road shoulder, and no materials may be stored or placed on the right-of-way unless the department authorizes it. The section also bars diverting stormwater from adjacent property into the county's highway drainage system and bars commercial wastewater on the right-of-way altogether, and it prohibits placing or removing walls, fences, signs, large rocks, monuments, structures, trees or other plant life on county right-of-way without a special encroachment permit obtained under the process in § 13-26.

These obstruction rules sit inside Article II, Road Use Regulations, alongside the county's authority in § 13-21 to require a utility to remove or relocate a facility that obstructs a road the department is improving, on 60 days' written notice followed by a ten-day final notice if the utility fails to act. Because § 13-32 makes "this article," meaning every section from § 13-21 through § 13-32, enforceable as a county ordinance violation, an obstruction placed under § 13-27 without authorization is punishable the same way as an unpermitted driveway or encroachment elsewhere in the chapter.

Violations & Fines

Placing a prohibited obstruction on a Whitfield County right-of-way without department authorization is enforceable both as a state-law violation under O.C.G.A. § 32-6-1 et seq. and as a county ordinance violation under § 13-32(b) of Article II. State law entitles the county to reimbursement for the cost of removing the obstruction, repairing the road, and any traffic management like flagging or detours the obstruction made necessary. The county ordinance violation is a misdemeanor punishable by a fine of up to $1,000.00 per day the violation continues, up to 12 months' imprisonment, or both, prosecuted through the magistrate's court.

Frequently Asked Questions

Can I store materials or park a trailer on the county right-of-way in Whitfield County?
No, not without department authorization. Section 13-27 bars using the county right-of-way for parking or storing any vehicle, except for temporary parking of a disabled vehicle on the shoulder, and bars storing or placing materials on the right-of-way unless the Whitfield County Road Department approves it.
Can I put up a fence or plant trees in the Whitfield County right-of-way?
Only with a special encroachment permit. Section 13-27 prohibits placing or removing walls, fences, signs, large rocks, monuments, structures, trees or other plant life on county right-of-way without first obtaining the encroachment permit described in § 13-26.
What is the penalty for an unauthorized obstruction in a Whitfield County right-of-way?
The county can pursue the obstruction under state law, O.C.G.A. § 32-6-1 et seq., recovering removal and repair costs, and can separately prosecute it as a misdemeanor under § 13-32 punishable by up to $1,000.00 per day, up to 12 months imprisonment, or both.

Sources & Official References

Other rules in Whitfield County

All Whitfield County rules

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