Permit required for disturbing, cutting into, digging up, drilling, boring under, or excavating any public street, swale, or sidewalk; cost of restoration; obstruction of right-of-way.
Miami City Code § 54-42
in effectSec. 54-42. - Permit required for disturbing, cutting into, digging up, drilling, boring under, or excavating any public street, swale, or sidewalk; cost of restoration; obstruction of right-of-way.
(a) Permit required. Except as provided in subsection (b) when any person desires to disturb, cut into, dig up, drill into, bore under, or excavate any public street, swale, or sidewalk, whether the same is paved or unpaved, or to cause the same to be done, application shall be made to the director of the department of resilience and public works for permission therefore. No person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one or more person(s) on behalf of any other person(s) for using, constructing, excavating, maintaining, owning or operating any type or manner of system, equipment, or device within the public right-of-way, then both/all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/their interest/participation/representation in the permit application or to fulfill all city requirements for issuance of the permit shall result in (1) an immediate revocation by the city of any excavation permit previously granted resulting in such permit becoming null and void (without the necessity of any further action, hearing or proceeding), or (2) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. Except for applications for permits by non-revenue generating government entities, no person(s) or those performing the work on behalf of any other person(s) may apply for and/or receive a permit if the person(s) or those performing the work on their behalf currently owe outstanding fines, debts, or delinquencies to the city related to prior permits issued by the department of resilience and public works. If such outstanding fines, debts, or delinquencies are owed by those performing the work on behalf of another, then the denial of the ability to apply for and/or receive a permit shall be accompanied by a notice, mailed to the person(s) applying for the permit, notifying them of the outstanding fines owed by those attempting to perform the work on their behalf and stating the amounts owed. Such permit shall set forth minimal reasonable conditions, as permitted by law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on-going maintenance or reparations for un-repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth or any violations under applicable law shall render such permit automatically null and void, without the necessity of any further action or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. Additionally, unless otherwise provided by general law, any continuing use of the public right-of-way by any such person(s) shall require such person(s) to also enter into a continuing maintenance and restoration agreement, registration, or a franchise agreement, as applicable by Florida Statutes or the City Code, with the city, and to provide such continuing insurance and such continuing surety that may be required by the agreement or registration relating to such continuing maintenance and potential restoration. A permit application form will not be required to be submitted for multiple sanitary sewer laterals, water service laterals or water meters installed by the Miami-Dade Water and Sewer Department, if such multiple installations are combined into a single written request for permit to the director of the department of resilience and public works. A request for multiple water and sewer installations shall be submitted to the director of the department of resilience and public works prior to construction work and shall not require submittal of a surety for restoring the street or sidewalk as described in subsection(c).
(b) Underground utilities; underground facility. All persons shall fully comply with F.S. ch. 556, entitled "The Underground Facility Damage Prevention and Safety Act" as amended ("Chapter 556"). No city permit will be required from operators of underground facilities in order to identify underground facilities. In other instances permits required by this section shall be required. F.S. ch. 556 is deemed as being incorporated by reference herein as though set forth in full. Excavators and member operators shall comply with low-impact marking practices, including, without limitation, a subsequent notice, as required by F.S. § 556.114, as amended. Markings required by F.S. ch. 556 shall be made with flags or stakes, or temporary, non-permanent paint or other industry-accepted low-impact marking practices. Failure to comply with these provisions or the provisions detailed in F.S. ch. 556 shall subject all persons including the persons on whose behalf such work in the public right-of-way is being performed or conducted to the procedures, violations, penalties prescribed in F.S. ch. 556, or code enforcement proceedings pursuant to chapter 2, article X of this Code, or both.
(c) Calculation of cost of restoration. Upon compliance with the terms of subsection (a) of this section, the director of the department of resilience and public works shall calculate the cost of fully restoring the street or sidewalk to the condition in which it is found upon the filing of such application. The cost shall be calculated on the basis of the following rates:
Clearing and grubbing (removal of sod, shrubs, ground cover plantings, trees less than 4" diameter, rocks up to 50lbs each, topsoil/gravel surface up to 3" deep, and other non-structural improvements in the right-of-way) ..... $5.00/square foot ("SF")
Asphalt removal (2" thick average) ..... 5.00/square yard ("SY")
Concrete removal (6" thick average) ..... 3.00/SF
Backfill ..... 15.00/cubic yard ("CY")
Eight-inch limerock base ..... 25.00/SY
Permanent paving (asphalt concrete and rock base) ..... 30.00/SY
1" Milling and resurfacing (Superpave asphalt) ..... 14.50/SY
Superpave asphalt (only) ..... 18.00/SF
Stamped/color asphalt concrete (only) ..... 18.00/SF
Six-inch driveway paving (plain concrete) ..... 8.00/SF
Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) ..... 18.00/SF
Six-inch concrete sidewalk (plain concrete) ..... 8.00/SF
Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) ..... 8.50/SF
Six-inch reinforced concrete protective slab ..... 20.00/SF
Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) ..... 15.00/SF
Sod (St. Augustine or Bahia) ..... 4.50/SY
Curb ..... 15.00/linear foot ("LF")
Valley gutter ..... 18.00/LF
Curb and gutter ..... 20.00/LF
Swale trench ..... 200.00/SY
Swale grading ..... 8.00/SY
Exfiltration trench ..... 200.00/LF
Solid pipe up to 24" RCP, HP-PP, or dual wall HDPE with water-tight joints ..... 150.00/LF
Solid pipe > 24": 200.00/LF minimum or at the discretion at of the director of resilience and public works
Drainage structure (inlet, manhole, etc.) ..... 3,000.00/each
Decorative pedestrian lighting (fixture/pole/mounting) ..... 6,000.00
Roadway lighting (fixture/pole/mounting) ..... 12,000.00/each
Street furniture (benches, waste receptacles, bicycle racks, etc.) ..... 500.00/each
(d) Payment of amount of costs for restoration; issuance of permit; time for completion; consequences of failure to complete street restoration.
(1) Whenever any individual, company, or agency applies for a permit for work requiring disturbing, cutting into, digging up, drilling, boring under, or excavating of a street, swale, sidewalk, or other public right-of-way, or easement, as required by subsection (a) of this section, the individual, company, or agency shall deliver to the director of the department of resilience and public works a bond or surety in the amount of one and one-half of the cost of the restoration as calculated by the director of the department of resilience and public works. The bond or surety shall be of one of the following types.
a. A site restoration bond written by an approved domestic surety. Except for bonds for a wireless service provider as defined in F.S. § 337.401(7)(b)(13), as amended, all bonds shall carry the name and address of a local representative, be for an initial period of one year, and shall be automatically extended in increments of one year until the permittee and the surety company are notified in writing of the acceptance of the street restoration and closure of the permit. A site restoration bond for a wireless service provider shall be time-limited to not more than 18 months after the construction to which the bond applies is completed and the department of resilience and public works shall accept the city's addition to any existing bond, insurance policy, or other relevant financial instrument without condition except as to consent to venue for litigation purposes (provided the same provides the required amount of coverage).
b. Cashier's check, drawn on a local bank, to be returned to the permittee on acceptance of the street restoration and closure of the permit.
c. Irrevocable letter of credit drawn on a local bank, valid for an initial period of one year, with automatic renewal in increments of one year until the permittee and the issuing bank are notified in writing of the acceptance of the street restoration and the closure of the permit.
(2) The director of the department of resilience and public works may establish written rules and procedures to accept a blanket surety in the form of a bond or letter of credit for cost of the restoration of the public right-of-way or easement for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Additionally, any such blanket surety shall be subject to periodic review by the director of the department of resilience and public works and shall be required to be adjusted as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application.
(3) Upon receipt of the above-referenced surety, payment of the applicable permit fees, and completion of the appropriate application, the director of the department of resilience and public works shall deliver a permit for the work, and shall determine when the work is to be completed, including restoration of the street, right-of-way or easement in accordance with the standards and specifications of the department of resilience and public works. The individual, company, or agency shall thereafter, and not before, be authorized to proceed with the work and shall complete the same within the time prescribed by the permit and applicable permit conditions.
(4) Upon proper completion of the work by the permittee, as determined by the director of the department of resilience and public works in accordance with the requirements of this chapter and other applicable codes, including the above restoration, within the time prescribed by the permit, the director of the department of resilience and public works shall cause the amount of the surety to be returned to the person, company or agency to whom the permit was issued.
(5) In the event that the permitted person, company or agency fails or refuses to complete the work, including restoration, within the time specified by the permit and/or applicable permit conditions, all payments, including the above-referenced surety, shall be deemed forfeited. The director of the department of resilience and public works shall then be empowered to cause restoration to be done by contract, or by city forces, without regard to the status of the work sought to be done under the permit, and all costs thereof shall be payable by the permitted individual, company, or agency. If the required amount is not remitted within ten days of written notice by the director of the department of resilience and public works to the permitted individual, company, or agency, the forfeited monies shall be used to complete the work. Any costs in excess of the available forfeited monies shall constitute and become a lien against the private real property if owned by said permitted individual, company, or agency, which adjoins or abuts the street or right-of-way for which the permit was issued. Any forfeited monies remaining after restoration costs have been paid in full may be returned to the permittee if the reason for the delay has been due to causes beyond the control of the permittee. Additionally, the director of the department of resilience and public works may administratively establish and enforce written rules and procedures pertaining to the withholding of the issuance of new permits to any individual, company, or agency that fails or refuses to complete the restoration work and obtain from the department of resilience and public works a final inspection approval within the term of the previously issued excavation permit(s) to said individuals, company or agency.
(e) Indemnity, hold harmless, and insurance. It shall be a condition precedent to the issuance of any such permit that the applicant agree to indemnify, defend, and hold harmless the city, its officials, employees, agents, and, if applicable, its instrumentalities and each of them from and against all loss, cost, penalties, fines damages, claims of any nature, including expenses and attorneys' fees, and any and all liabilities by reason of injury to or death of any person, damage to, destruction, or loss to any property including the city, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permit/agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence, whether active or passive, of the applicant, its employees, agents, servants, or contractors, unless such act or omission is solely caused by the city, its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the city, its instrumentalities, officials, employees, and agents against all liabilities which may be asserted by an employee or former employee of the applicant, or any of its contractors as provided above, for which the applicant's liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar laws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the city, its instrumentalities, officials, employees, or agents, the city shall not be liable for any loss, injury, or damage to any personal property or equipment of the applicant, its employees, agents, contractors, business licensees, or invitees placed on city property, and its instrumentalities, and shall be at the risk of the applicant thereof. The applicant shall be solely responsible for all activities and the installation and maintenance of traffic-control devices. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the permit. It shall be a further condition precedent to the issuance of any such permit for work to be performed in the public right-of-way that the permit holder(s) is/are jointly and severally responsible, at each permit holder's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of this permit/agreement.
(1) Non-governmental applicants: Prior to the issuance of any such permit, the non-governmental applicant(s) shall submit to the city a certificate of insurance for each non-governmental applicant in an amount not less than $1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto, including, but not limited to, premises and operations liability, contingent and contractual exposures, XCU hazards, personal and advertising injury, products, and completed operations. In addition, the applicant hereby agrees to provide additional insurance requirements as required by the city, including but not limited to umbrella liability, or any additional requirements or endorsements as may be applicable, in connection with the scope of services contemplated by the permit/agreement. The certificate must reflect primary and noncontributory language and list the city as an additional insured. The certificate must also include coverage for all owned, hired, and non-owned vehicles with a combined single limit of $500,000.00 per accident also listing the city as an additional insured, and must further afford coverage for workers' compensation including waiver of subrogation subject to the statutory limits of the State of Florida. The insurance herein required shall remain in full force and effect during the entire term of the permit. Additionally, all such insurance for non-governmental applicant(s) shall be subject to annual review by the city's risk management department and the applicant shall be required to update as necessary to protect the city as set forth in this section.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications:
The company must be rated no less than "A-" as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide published by A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the approval of the city's department of risk management. Companies not meeting the above rating requirements shall submit proof of reinsurance from qualifying insurers having or exceeding the required rating criteria.
Certificates of insurance shall contain 30 days as to changes or modifications with notice to the certificate holder.
(2) Governmental applicants: Prior to the issuance of any permit, the governmental applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance for each governmental applicant in accordance with and subject to the limitations as set forth in F.S. § 768.28.
(3) Additional permit conditions: It shall be a condition precedent to the issuance, to both governmental and non-governmental applicants, of any permit for work to be performed in the public right-of-way that the person(s) applying for such permit shall provide to the city's department of resilience and public works a surety in such amount(s) and such form(s) acceptable to the director of the department of resilience and public works to ensure that such work: (i) complies with applicable codes, (ii) is conducted and performed in a satisfactory, safe and professional manner, (iii) pertaining to the public right-of-way is restored or maintained as required by the circumstances and extent of the work under such permit and any continuing maintenance and restoration agreement. Furthermore, the permit holders are jointly and severally responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right-of-way to its original condition before installation of the facilities and for any damages regarding continuing maintenance of the public right-of-way.
(f) Obstruction of the right-of-way. A separate permit shall be required pursuant to section 54-3 for the permitted individual, company, or agency to obstruct or temporarily close any portion of the right-of-way. No person shall be allowed under a permit provided for in this section to excavate, dig up or obstruct more than two adjacent blocks at a time, and the work on one of such blocks shall be completed and the sidewalk and street pavement shall be placed in as good condition as existed prior to the work being commenced before such person to whom such permit has been granted by the city shall be allowed to begin work in a new block.
(g) Supervision by the director of the department of resilience and public works. All disturbances, digging up or excavation of streets, avenues, sidewalks, pavements, swales, or sidewalk pavements in the city shall be made under the supervision and direction of the director of the department of resilience and public works.
(Code 1967, §§ 54-27—54-31; Ord. No. 9740, § 1, 11-16-83; Code 1980, §§ 54-37—54-41; Ord. No. 12886, § 2, 2-8-07; Ord. No. 12977, § 3, 3-13-08; Ord. No. 13087, § 2, 9-10-09; Ord. No. 13226, § 2, 11-18-10; Ord. No. 13792, § 1, 10-11-18; Ord. No. 13884, § 2, 12-12-19; Ord. No. 13915, § 5, 9-24-20)
Source: City of Miami, Florida, City Code, City Charter, Special Acts and Related General Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/miami/codes/code_of_ordinances?nodeId=PTIITHCO_CH54STSI_ARTIICOEXRE_S54-42PEREDICUINDIUPDRBOUNEXANPUSTSWSICOREOBRI-WFetched: 11/1/2026