Almost certainly, for at least part of the job. In every Brevard jurisdiction we checked, a driveway that meets a public road needs at least one permit. Which permit, and who issues it, depends on two things: which government covers your address, and who controls the road in front of it.
Find your location below. Each rule links to the official page it comes from.
Driveway permit rules at a glance
| Where the property is | The driveway itself | Where it meets the road | Who to call |
|---|---|---|---|
| City of Melbourne | On the Building Department's permit list | Ask Engineering about a right-of-way use permit | Building: 321-608-7915 |
| Palm Bay | Ask Public Works | Public Works driveway permit, with pre-pour and final inspections | Public Works Permitting: (321) 952-3403 |
| West Melbourne | A listed permit project type | A City Use Permit "may be required" | Building: 321-837-7776 |
| Rockledge | On the City's permit list | Public Works approval | Building Division: 321-221-7540, option 2 |
| Titusville | A permit type on the City's application | Not stated; ask the City | City permits: 321-567-3775 |
| Cocoa | "Any driveway" needs a permit | Widening also needs a Public Works driveway permit | Building Division: 321.433.8501 |
| Cocoa Beach | On the City's permit list; the owner answers for it | Right-of-way or driveway permits may be required | Building Division: 321-868-3217 |
| Satellite Beach | On the City's permit list | Not stated; ask the City | Community Development: 321-773-4409 |
| Viera and unincorporated Brevard | Ask the County (see below) | County right-of-way/easement permit | Public Works: (321) 637-5437, Option 2 |
| A state road, such as US-1 | Your local rules still apply | FDOT connection permit | FDOT Brevard Operations: (321) 634-6100 |
| Any other Brevard city or town | Check with your city's building department | Check with your city | Your city's building department |
Rules last checked September 26, 2026, except Rockledge, Titusville, Cocoa and Cocoa Beach (September 28) and Satellite Beach (September 29). Codes and fees change, so confirm with the office before you pour.
Why do the answers online disagree?
Because two different permits are in play, and people mix them up.
- A building permit covers work on your property. Melbourne, West Melbourne, Rockledge, Titusville, Cocoa, Cocoa Beach and Satellite Beach all put driveways on their permit lists.
- A right-of-way permit covers work in the public road or its easement. That's often where the apron sits: the stretch between the street and your property. The city, the county or the state controls it, depending on who owns the road.
A forum post saying "you don't need a permit for flatwork" might be right about one permit in one place and wrong about the other. That's why this page goes city by city.
Do I need a permit to pour a concrete driveway in Florida?
Plan on it. The Florida Building Code requires a permit before construction, alterations and repairs, and Florida's version of the code's permit-exemption section doesn't exempt driveways. Which permit you need, and who issues it, is set by your city or county.
The state rule is quoted in Melbourne's Building FAQ. The exemption list is in Section 105.2 of the Florida Building Code, which lists only gas, mechanical and plumbing items.
A 2026 state-law exemption for some small jobs is covered below.
City of Melbourne
Melbourne's Building FAQ lists "fences, driveways, parking lots" among the work that "requires a permit" (Building FAQ). Applications go through the City's online permitting system. Questions go to the Building Department at 321-608-7915.
Once a permit is issued, you have 180 days to pass an inspection before it expires. The City's Engineering Department issues right-of-way use permits (321-608-7300). Ask whether your apron needs one.
Palm Bay
Palm Bay handles driveway permits through Public Works. City code says no one may build, repair or relocate a "curb, culvert, sidewalk, driveway, gutter, pavement, or other improvement in any city road or easement without obtaining a driveway permit from the Public Works Department" (§ 176.020).
- The permit expires after 90 days unless it's extended.
- There are two inspections: a pre-pour and a final.
- The City says its right-of-way is "usually defined as the roadway plus 10 - 15 feet behind the curb or edge of pavement."
- Building a new home? The driveway permit can be applied for at the same time as the building permit, and the home can't get its certificate of occupancy until the driveway permit is finaled (§ 176.021).
Contact Public Works Permitting at (321) 952-3403 or pwdriveway@palmbayfl.gov, Mon–Fri, 8:30am–4:30pm. More on our Palm Bay page.
West Melbourne
West Melbourne's Building Department lists "Driveways / Pavers/Patio Concrete Slabs" as a permit project type. The application asks for a survey and plans showing the pavement type, how deep it is, the wire or fiber mesh and the concrete's psi (Building Department Forms).
The same page says: "A CITY USE PERMIT may be required if the driveway goes through the City right-of-way." It doesn't say exactly when, so ask. The department says it "can help you determine which permits are required for a project": 321-837-7776 or buildingpermits@westmelbourne.gov.
Rockledge
Rockledge lists driveways on its residential permit requirements, with a site plan or survey showing the existing and proposed driveway. "If construction is in the right-of-way, Public Works approval is required."
Not sure about your job? The City's FAQ says staff "will be happy to determine whether a permit is required."
The City's driveway handout adds two rules from its land development code:
- Apply to Public Works at least 48 hours before right-of-way work starts.
- Aprons in the city right-of-way can't be painted, etched or built from other materials without the City Manager's approval.
Building Division: 321-221-7540, option 2. More on our Rockledge page.
Titusville
Titusville's building permit application lists "Driveway" and "Slab" as permit types (Building Permit application). Paving in a public drainage or utility easement also takes the owner's signed Pavement Waiver of Liability: the City can remove that pavement without notice, at the owner's cost to repair.
We didn't find a City rule on apron right-of-way permits, so ask: 321-567-3775 (Permits, Forms & Policies). More on our Titusville page.
Cocoa
The City of Cocoa's FAQ says a permit is required for "Any driveway" (City of Cocoa FAQ). Widening an existing driveway also needs a Public Works driveway permit, and the City asks you to contact Planning and Zoning first (City permitting portal).
Building Division: 321.433.8501. Owner-builder rules are on our Cocoa page.
Cocoa Beach
Cocoa Beach requires permits for "Driveways and curb cuts" and puts the duty on the owner: "Property owners are ultimately responsible for obtaining building permits - not the contractor." (Building Division)
City code also lets the building official require right-of-way or driveway permits first (Code Sec. 6-4). Building Division: 321-868-3217. See our Cocoa and Cocoa Beach page.
Satellite Beach
Satellite Beach puts driveways on its permit list, and unpermitted work "must stop until permits are obtained" (Permit Information). On single-family and two-family lots, City Code caps impervious area, concrete included, at 50 percent (Sec. 30-407), and a lot-coverage worksheet goes in with the application.
We didn't find a City rule for aprons, so ask Community Development: 321-773-4409. Lot rules are on our Satellite Beach page.
Viera and unincorporated Brevard County
Viera isn't a city. It isn't one of Brevard's 16 cities and towns (Brevard County; Supervisor of Elections), so a Viera home outside city limits falls under the County's rules. Mailing addresses and city limits don't always match, so confirm which government covers your address.
In unincorporated Brevard, a driveway that connects to a county road needs a right-of-way/easement permit from Public Works (County Code Ch. 86). The County's residential application sets these limits:
- Apron width: 12 feet minimum, 24 feet maximum with a two-car garage, 28 feet maximum with a three-car garage.
- Distance to the nearest side property line: at least 5 feet.
- Fees: $25 to process the application, plus $150 for each permanent residential driveway connection.
A stand-alone driveway permit is good for 12 months. As the owner, you're responsible for the driveway materials in the county right-of-way, including any culvert and the sidewalk section inside the driveway.
Send applications to ROWPermitting@BrevardFL.gov or call (321) 637-5437, Option 2. Pre-pour and final inspections: (321) 633-2079, Option 1 (Public Works Engineering). The County's pages don't say whether a driveway entirely on your lot also needs a County building permit, so ask when you apply. More on our Viera page.
Driveways on a state road (FDOT)
If your driveway meets a state road, such as US-1, the Florida Department of Transportation controls that connection. As Brevard County puts it, "State Roads fall under the jurisdiction of the Florida Department of Transportation (FDOT)" (Brevard County).
A state rule says no one may "construct, relocate, or alter a connection" to a state road "without first obtaining a connection permit from the Department... regardless of governmental entity permits and approvals" (Rule 14-96.003, F.A.C.). The same rule leaves you responsible for any local permits too. So on a state road, you may need both.
Apply through FDOT's One Stop Permitting. Questions go to FDOT Brevard Operations at (321) 634-6100.
Other Brevard cities and towns
Live in Cape Canaveral, Indian Harbour Beach, Indialantic, Melbourne Beach, Malabar or another town? Check with your city's building department before you pour. Ask two questions: does the driveway need a permit, and does the apron need a separate right-of-way permit?
Do I need a permit to replace my concrete driveway?
None of the official pages we checked answers that directly for a like-for-like replacement, so ask your building department before tear-out day.
What the rules do say: Melbourne's permit list includes "alteration of existing structures" as well as driveways. Palm Bay's and the County's right-of-way rules cover anyone who will "alter" or "reconstruct" a driveway in a city or county road or easement. So if the new driveway changes the part in the right-of-way, expect those rules to apply.
How much concrete can you pour without a permit?
We couldn't find a square-foot limit for driveways in any official Brevard or Florida source, and Florida's Building Code has no driveway exemption. What a 2026 state law does allow is a request: on a single-family home, some small jobs can be exempted if the building department approves. The limit is set by the job's cost, not its size.
The law took effect July 1, 2026 (Florida Senate bill summary). Satellite Beach's request form sets the conditions: a home outside a designated flood hazard area, labor and materials under $7,500, no structural, electrical, plumbing, mechanical or gas work, and no splitting the job. Work waits for written approval. We've read only that City's form, so ask your building department whether your job qualifies.
Rockledge's list names patios larger than 100 sq ft without calling smaller ones exempt, and West Melbourne's no-permit list doesn't include driveways or slabs. If someone quotes you a square-footage cutoff, ask where it comes from. Then ask the building department.
What happens if you build a driveway without a permit in Brevard?
It can cost you more, and in the worst case the driveway itself. Melbourne can charge a penalty of 100% of the usual permit fee, Cocoa Beach charges at least twice the normal permit fee, and unincorporated Brevard charges double its right-of-way permit fee for work started without a permit.
- Melbourne: the Building FAQ says an owner or contractor who starts without a permit "could be subject to a penalty of 100% of the usual permit fee." The City also warns that unpermitted projects "can result in greatly increased costs, delays, and even removal of structures" (Building FAQ).
- Cocoa Beach: a "cease work" order, and "twice the normal fee for the building permit" at minimum (Cocoa Beach FAQ).
- Unincorporated Brevard: the County's fee for "Work Commencing without a permit" is "Double the Permit fee" (residential application).
- Palm Bay, on a new home: no certificate of occupancy until the driveway permit is finaled (§ 176.021).
Who pulls the permit: you or your contractor?
Either can, depending on the job and the city. Melbourne allows owner/builder permits when the owner is an individual and the property isn't for sale or lease for a year. Rockledge takes an Owner/Builder Affidavit. Brevard County has owner/builders apply in person.
Cocoa and Satellite Beach also have owner-builders sign in person; Cocoa excludes corporation- and LLC-owned property, and Satellite Beach limits it to a primary residence. In Cocoa Beach, the owner answers for the permit either way.
Whoever pulls it, settle that before you sign, and make sure the permit is listed on the written quote. If you're comparing contractors, our guide to choosing a concrete contractor in Brevard covers licenses, insurance and the questions to ask.
If your job needs a permit, we handle getting it.
Is HOA approval the same as a permit?
No. A building permit is the government's check that the work meets state and local codes. Melbourne's FAQ says permits "ensure that the construction meets the requirements of all state, city and fire prevention codes." Your HOA's approval is about your community's own rules. One doesn't replace the other, so if you have an HOA, check its approval process before you schedule the pour.
Planning a driveway?
- What the job itself involves: our concrete driveway page.
- Typical market prices, with sources: our driveway cost guide.
- Your city's rules: our locations page.
- Fixing a public sidewalk instead? See sidewalk and walkway repair.
Not sure which rules cover your address? Call or text 321-321-9704, Mon–Fri, 7am–7pm, or request a free estimate.
Rules last checked September 26–29, 2026, as dated under the table above. This page summarizes official sources. It isn't legal advice.