Driveway permits, explained

Do you need a permit for a driveway?

Start with the building code, then forget it. The International Residential Code (IRC) lists sidewalks and driveways among the work exempt from a building permit in Section R105.2^[1]. Federal Way, Washington, which publishes that list, adds the sentence that matters: unless otherwise exempted, separate permits may be required for the exempted items^[1].

For driveways, those separate permits are the rule rather than the exception, because a driveway does two things the building code does not cover: it crosses public land to reach the street, and it changes how the lot looks and drains. That gives you up to three approvals to think about.

The curb cut: the permit almost everyone needs

The part of a driveway between your property line and the street, the apron, sits on public right-of-way. That is why cities handle it through public works:

• Seattle, Washington requires a curb cut permit when you make a new driveway in an existing sidewalk curb. The Seattle Department of Transportation oversees it, because curbs are on the city right-of-way, and the city checks the proposed width, location and number of curb cuts against its land use code^[2].
• Fairfield, Ohio requires a curb cut and driveway permit to modify or repair new and existing driveways between the property line and the street, and the Public Works Department inspects construction work in the right-of-way, driveway aprons included^[3].
• Santa Fe, New Mexico requires anyone who wants to build a driveway across a sidewalk or public right-of-way, or cut a curb, to apply first to public works with a plan showing the extent and character of the driveway and curb cuts^[6].

Repairs can count. Fairfield's permit covers the modification or repair of existing driveways between the property line and the street, not only new ones^[3].

On a state highway: a state permit

If your house faces a state road, the city may not be the right office at all. In Pennsylvania, building or altering a driveway that connects to a state highway requires a Highway Occupancy Permit from PennDOT under the State Highway Law. PennDOT reviews the location for sight distance, drainage and the proposed design, asks owners to apply at least 30 days before they plan to start, and inspects the finished driveway^[7]. It also recommends getting the driveway permit before a building permit, so the driveway location is settled before a house is built^[7].

The driveway itself: zoning rules

Zoning decides how big the driveway can be and where it can go on your lot. DeWitt, Michigan, requires a zoning permit, typically at no charge, for driveways with or without turnaround pads^[9]. Cleveland Heights, Ohio, writes the limits into its zoning code^[8]:

• a driveway that serves a garage is limited to 12 feet wide, with a wider apron allowed for 20 feet in front of the garage doors;
• driveways must be at least 3 feet from the side and rear lot lines, unless two neighbors agree to share one on the lot line;
• two paved wheel strips with grass between them are allowed;
• gravel and wood chips are prohibited.

Surface rules are where a "simple resurfacing" can go wrong: switching to gravel would break the Cleveland Heights code even if the width stays the same^[8].

What a driveway permit costs

Driveway fees are usually set by public works, separately from the building fee schedule. Real published examples:

Salem shows why the unit matters: next to that rate, its schedule describes a standard entrance as 14 feet at the back of the curb plus a 2-foot radius on each side, 18 feet in total^[5]. Your permit file shows your own city's fee, from its published schedule, with the link.

What the application includes

Driveway applications are light, but they are drawings. Santa Fe asks for an accurate drawing of the proposed driveway with respect to the public right-of-way, the legal plat of survey with any easements, and the subdivision plan if applicable^[6]. Seattle checks the curb cut against its site plan standards^[2]. The drawing must show the width at the curb, the distance to the property lines and to the nearest corner, and the surface.

How long it takes

Some public works departments are fast. Santa Fe asks applicants to allow up to five working days for approval^[6]. PennDOT asks for at least 30 days before work starts on a state highway^[7]. Work can also be time-limited once approved: Salem requires the work to be performed within 45 days of the permit^[5].

Building it without the permit

The curb is public property, which makes an unpermitted driveway a problem with the city or the state, not just with the building inspector.

• PennDOT: an owner who builds a new driveway, or alters the design of an existing one, onto a state highway without a permit is subject to a minimum $100 fine plus court costs, and to the cost of correcting an improperly installed driveway^[7].
• Santa Fe: failure to comply with the permit's conditions may result in revocation and the reconstruction of any nonconforming driveway to city standards at the property owner's expense^[6].
• Wharton, Texas, lists a fee of $100 per day for working without a permit^[10].

Our All-in offer prepares the drawing and the applications your city and, if needed, your state ask for, with the rules for your address, and follows them until the permit is issued.

Common questions