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Right of Way Use Permits

Any work in a county right-of-way including, but not limited to, driveways, utilities (electric, cable, water, sewer) will require a Use Permit. Click here to view the Use Permit Ordinance.

Use Permit Application review generally takes less than seven working days. To determine the applicable review fee, please refer to page 4 of the Fee Schedule.  

Current fee schedule

Utility and commercial Use Permit requirements

As specified in Section 72-704 of the Volusia County Land Development Code, the applicant must provide a Maintenance of Traffic (MOT) detail for the proposed work, based on the location of the work proposed and its relationship to the roadway.  Please note that the MOT Index number(s) must be shown on the Use Permit plans and a copy of the MOT Index sheet(s) must be attached to each plan set.

All plans for Utility and Commercial Use Permits must contain the following plan notes, and the stated notification requirements must be observed.

1. Notify Volusia County Development Engineering Division at (386) 736-5926 a minimum of 24 hours prior to the start of construction. Failure of the permittee to obtain the appropriate inspections prior to proceeding with work shall not relieve the permittee from reexcavation or other measures necessary for the inspection of work..
2. Volusia County Traffic Engineering (386) 736-5968 is not a member of Sunshine One Call.  When requesting locates, please provide a minimum advanced notification of two (2) business days prior to proposed work.
3. Coordination with Volusia County Traffic Operations (386) 239-6535 is required with a minimum advanced notice of seven (7) days prior to any sidewalk, lane or road closure (including flagging operations).
4. Operations within the County right-of-way shall normally be conducted 7:00 am to 7:00 pm, Monday through Friday. Any deviation from these hours requires prior approval from the County Development Engineer. Emergency repairs are excluded from this time restriction.
5. All existing sidewalks within County right-of-way shall either remain open or be provided a temporary walkway in accordance with the current version of Florida Department of Transportation Standard Index No. 660.  Any damage to sidewalks shall be repaired and/or replaced in like kind by the contractor. New sidewalks and sections through driveways must be at a 1.5% cross slope and 2% maximum cross slope per ADA standards.
6. Driving or staging of construction vehicles or materials is not permitted within the County right-of-way or on pedestrian walkways and paths. There shall be no overnight construction vehicle related parking, construction material placement or storage of any kind permitted within the County right-of-way.
7. No trench or excavation shall be left open or unattended overnight, unless approved by the County Development Engineering Inspector. Excavations shall meet the Drop off Protection Requirements of the latest FDOT Design Standard Index No. 600.
8. Restoration shall be required for any damage to sidewalks, curbs, or other existing structures in the right-of-way. All disturbed areas within the County right of way shall be re-graded and sodded.  Seed and mulch is not an acceptable alternative to sodding.

Residential driveways
The minimum width at the right-of-way line is 10 feet and the maximum is 24 feet. The driveway width shall flare an additional minimum 5 feet starting at a point a minimum of 8 feet from the edge of the traveled way. The driveway shall be a minimum thickness of 4 inches with reinforcement steel or wire or fiber mesh, or a minimum of 6 inches thickness without reinforcement. Driveways are required to be asphalt or concrete within the public right-of-way along all existing paved roadways. An unpaved driveway to a dirt county-maintained road shall be a minimum thickness of 6 inches of stabilized material. No driveway shall be located closer than 5 feet from an adjacent property line.

Paver brick driveways are allowed as long as they meet certain structural requirements.  The Paver Detail Sheet must be submitted as a part of your plans, and the work shown on the plans must conform to the specifications shown on the detail sheet.

Also required for paver driveway aprons and stamped concrete is a Hold Harmless/Release form for paver driveways.  The property owner is required to sign the release form, have it notarized and recorded with the Volusia County Clerk of Court, and provide this office with a recorded copy prior to issuance of the permit.  It is important to note that although an authorized agent may apply for the permit, that agent cannot sign the hold harmless/release agreement, as it is legally binding on the property owner.

Pavers must be installed by a licensed contractor; we require the paving contractor’s information (name, address, contact information), and a copy of the paving contractor’s Volusia County Competency Card. (This can be a Paver Contractor, General Contractor, Residential Contractor, or Building Contractor)

Notes on hiring a contractor
To protect your investment and avoid code compliance issues, be sure you hire a contractor with a Volusia County contractor’s license, and ask to see it.  Note that a Business Tax Receipt is not a license. If you have questions about a license, please call Volusia County Contractor Licensing at (386) 736-5957 (option 2), or at contractorlicensing@volusia.org.

Obtain and keep a copy of the Use Permit and the approved plan.  Work performed must conform to the approved plans.

Make sure the contractor seeks the required inspections during and at the completion of the job.  If you have questions about whether the job has passed inspections, please call Development Engineering at (386) 736-5926.

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    123 W. Indiana Ave.
    DeLand, FL 32720
    (386) 736-2700

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