Do you need a permit for a driveway?

Who issues a driveway permit depends on the road it meets. Each state's highway permit, curb cuts at city streets, and the few state rules on paved area near water.

Updated October 15, 2026 · 72 official sources
On this page: 5 sections
  1. 1Who issues the permit
  2. 2Curb cuts and aprons
  3. 3What a permit costs
  4. 4Rules on paved area near water
  5. 5State highway permits, state by state

Most driveway permits are about where the driveway meets the road. Who issues the permit depends on which road that is.

Who issues the permit

  • A state highway. The state transportation department issues the permit for a driveway onto a state highway. The table below names each state's permit.
  • A city or county street. For a driveway onto a city or county street, check with the city or county.
  • The District of Columbia. Any driveway work in public space needs a DDOT public space permit.1
  • New Hampshire town roads. On a town road, a town whose planning board regulates streets issues driveway permits under its own rules.2

Replacing a driveway can need a permit too, not only building a new one. In Troy, Michigan, for example, replacing more than 50 square feet of a sidewalk or driveway approach needs a permit.3 Missouri's DOT asks for one to change an existing driveway's width, grade, location or surface type on its roads.4

Curb cuts and aprons

The apron is the part of the driveway between the street and your property line, and a curb cut is the opening in the curb. Both are usually in the public right-of-way, so the city, county or state that owns the street decides how they're built. In DC, a DDOT public space permit covers a residential driveway and its curb cut, and a second permit covers the work zone.1 In Chicago, a residential driveway permit is taken out once for as long as you own the home, with no yearly fee.5

What a permit costs

Cost guides put a driveway permit at $50 to $200 where one's needed.6-7 City and state fees differ a lot, and some add an inspection fee or a deposit, so ask the office that issues yours.

Rules on paved area near water

A single driveway rarely reaches the federal construction stormwater permit, which starts at 1 acre of disturbed ground.8 A few states have rules that can reach one, mostly on lots near lakes, rivers or the coast:

  • California and Nevada, in the Lake Tahoe Basin. The Tahoe Regional Planning Agency regulates land coverage, which counts driveways.9
  • Delaware. An approved sediment and stormwater plan applies at 5,000 square feet of disturbed ground.10-11
  • Maine. In a shoreland zone, the state's minimum rule caps non-vegetated surfaces, driveways included, at 20% of the part of a lot inside the zone in most districts.12
  • Maryland. In the Chesapeake Bay and Atlantic Coastal Bays Critical Area, lot coverage in the limited development and resource conservation areas is capped at 15% of a lot, or 25% for lots of half an acre or less that existed before the Critical Area began.13 Statewide, an erosion and sediment control plan applies at 5,000 square feet of disturbed ground.14
  • Michigan. A soil erosion permit is generally needed for an earth change within 500 feet of a lake or stream, or of 1 acre or more.15
  • Minnesota. Local shoreland ordinances cap impervious surface at 25% of a lot.16
  • New Hampshire. In the protected shoreland, a lot over 20% impervious needs a system to soak up stormwater.17
  • New Jersey. The state stormwater rule applies to major development, which includes a quarter acre of new impervious or vehicle surface.18
  • Pennsylvania. A written erosion and sediment control plan is needed for 5,000 square feet or more of earth disturbance.19
  • Vermont. In protected shoreland, impervious surface is capped at 20% of the shoreland part of a parcel unless the extra runoff is treated.20
  • Virginia. A state erosion and stormwater plan applies at 10,000 square feet of disturbed ground, or 2,500 in Chesapeake Bay Preservation Areas, and localities can set lower limits.21
  • Wisconsin. County shoreland ordinances apply impervious surface limits to new or replaced paving within 300 feet of a lake or river on waterfront lots.22

Elsewhere, any rule on paved area is local. Ask your city or county.

State highway permits, state by state

State The permit for a driveway onto a state highway
Alabama ALDOT turnout (driveway) permit for any driveway onto a state route; ALDOT allows one access per single-family parcel (Access Management Manual 2022, 1.6.1 and 4.3.4).23
Alaska Driveway and approach road permit from Alaska DOT&PF for a driveway in state highway right-of-way (17 AAC 10, article 2).24
Arizona ADOT encroachment permit from the district permits office for work in state right-of-way; driveways are named.25
Arkansas ArDOT access driveway permit, required for residential or commercial access to a state highway, issued by the district permit officer.26
California Caltrans encroachment permit (applied through CEPS) for work in state highway right-of-way; driveways are named as an example.27
Colorado CDOT State Highway Access Permit (form 0137) to build, relocate, close or modify a driveway to a state highway, under the State Highway Access Code 2 CCR 601-1.28
Connecticut CTDOT encroachment permit (form PMT-1) from the district office; authority includes C.G.S. 13a-143a (driveway permits).29
Delaware DelDOT entrance permit to build or modify an entrance (17 Del. C. 146), applied online by county.30
District of Columbia DDOT public space permit for a residential driveway and curb cut, applied through TOPS; any driveway work in DC's public space needs one.1
Florida FDOT driveway connection permit under Rule 14-96, F.A.C.; Category A covers up to 20 vehicle trips a day, which is a single-family home.31
Georgia GDOT residential driveway permit, administered by the GDOT area engineer (Regulations for Driveway and Encroachment Control, chapter 8).32
Hawaii HDOT permit for the occupancy and use of state highway right-of-way, applied for at the district office. HDOT's page doesn't name driveways.33
Idaho ITD right-of-way permit for access or approaches, applied through the online Right of Way Permit Tool.34
Illinois IDOT highway permit for an access driveway, under the Policy on Permits for Access Driveways to State Highways; apply to the IDOT district.35
Indiana INDOT driveway permit for connecting private property to an INDOT road.36
Iowa Iowa DOT access permit, required before building or modifying an access connection to a primary highway (761 IAC 112.3 and 112.4), applied through eps.iowadot.gov.37
Kansas KDOT Highway Permit (DOT Form 309) from the KDOT Area office for a private or commercial driveway to a state highway; non-commercial approval typically takes 2 to 4 weeks.38
Kentucky Kentucky Transportation Cabinet permit; anyone wanting access to a state highway must get one, and entrance permits are covered by the KYTC Permits Manual.39
Louisiana DOTD access connection permit under the Access Connections Rule (LAC 70:I, chapter 15); single-family residential is its own permit category.40
Maine MaineDOT driveway/entrance permit from the regional office, under the Driveway and Entrance Rules.41
Maryland MDOT SHA residential entrance permit, required for anyone accessing a state highway from a residential property; the district engineer approves.42
Massachusetts MassDOT Highway Division highway access permit, requested through its web-based permit system.43
Michigan MDOT right-of-way construction permit for driveways under Public Act 200 of 1969 (Driveway, Banner and Parade Act).44
Minnesota MnDOT access/driveway permit (Application for Access/Driveway Permit) for any driveway to a trunk highway.45
Mississippi MDOT driveway permit for new or altered driveways on state highways (Rule 941-7501-04002; Access Management Manual 2012).46
Missouri MoDOT right-of-way permit, required to build a driveway or change an existing one (width, grade, location or surface type).4
Montana MDT approach permit, issued through MDT's maintenance permit system.47
Nebraska NDOT driveway and approach road permit (Title 410 NAC, chapter 2).48
Nevada NDOT right-of-way occupancy permit for work in state right-of-way. NDOT's page doesn't name driveways.49
New Hampshire NHDOT driveway permit required by RSA 236:13 for driveways on class I and III highways and state-maintained class II roads; on town roads, a planning board or governing body with street-regulation powers issues permits under its own regulations (RSA 236:13 V).2
New Jersey NJDOT driveway access permit (form MT-32).50
New Mexico NMDOT access permit, applied through NMDOT ePermitting.51
New York NYSDOT highway work permit for a residential driveway, applied through PermiTrack; a contractor doing the work must be listed on the permit and insured.52
North Carolina NCDOT Street and Driveway Access Permit, filed with the district engineer.53
North Dakota NDDOT driveway application and permit (SFN 5918), covering field, private and commercial driveways.54
Ohio ODOT right-of-way permit; driveway access on a state highway requires one (district office).55
Oklahoma ODOT driveway agreement (form TE-2000), approved by the division engineer, for a new or modified non-commercial or commercial driveway.56
Oregon ODOT state highway approach permit; ORS 374.305(1) requires written permission to build a new approach or change the use of an existing one.57
Pennsylvania PennDOT highway occupancy permit (HOP), driveway type, through the Electronic Permitting System; Publication 312 covers minimum use driveways.58-59
Rhode Island RIDOT physical alteration permit; no driveway access to a state highway without one (290-RICR-20-00-4).60
South Carolina SCDOT encroachment permit through EPPS Next; SCDOT charges no fee.61
South Dakota SDDOT highway access permit under ARSD 70:09.62
Tennessee TDOT residential entrance permit, required before building or changing a driveway on state highway right-of-way.63
Texas TxDOT Form 1058, Permit to Construct Access Driveway Facilities on Highway Right of Way, from the district office; 24-hour notice to TxDOT before work starts.64
Utah UDOT encroachment permit; Utah Code 72-7-102 bars digging in state right-of-way for a driveway without a permit.65
Vermont VTrans State Highway Access and Work Permit (Standard B-71a for residential access).66
Virginia VDOT land use permit, required to build a permanent entrance or upgrade an existing one (24VAC30-151-30).67-68
Washington WSDOT connection permit for any new or altered connection to a state highway where access rights were not acquired (WAC 468-51-030; RCW 47.50).69
West Virginia WVDOH driveway encroachment permit (form MM-109) from the district or county permit office.70
Wisconsin WisDOT state highway connection permit (driveways).71
Wyoming WYDOT access permit for direct access to a state highway (WYDOT Access Manual 2014).72

Each company on this site is listed with its phone number where it has one, so you can ask who'll pull the permit when you call. You can also send a request through the request form.

Permit rules from state transportation departments, state legislatures and environmental agencies, checked September 2026.

Sources (72)

  1. DDOT: residential driveway guide ↑
  2. New Hampshire RSA 236:13 ↑
  3. City of Troy: sidewalks ↑
  4. MoDOT: permits ↑
  5. Chicago Department of Transportation: driveway permits ↑
  6. HomeAdvisor: asphalt driveway resurfacing cost ↑
  7. HomeGuide: concrete driveway cost ↑
  8. EPA: stormwater discharges from construction activities ↑
  9. Tahoe Regional Planning Agency: land coverage ↑
  10. Delaware DNREC: sediment and stormwater ↑
  11. 7 DE Admin. Code 5101 ↑
  12. 06-096 CMR chapter 1000 ↑
  13. Maryland Natural Resources 8-1808.3 ↑
  14. Maryland Department of the Environment: erosion and sediment control ↑
  15. Michigan EGLE: soil erosion and sedimentation control ↑
  16. Minnesota Rules 6120.3300 ↑
  17. New Hampshire RSA 483-B:9 ↑
  18. N.J.A.C. 7:8-1.2 ↑
  19. 25 Pa. Code 102.4 ↑
  20. 10 V.S.A. 1444 ↑
  21. Code of Virginia 62.1-44.15:34 ↑
  22. Wisconsin NR 115.05 ↑
  23. ALDOT ↑
  24. Alaska DOT&PF ↑
  25. ADOT ↑
  26. ArDOT ↑
  27. Caltrans ↑
  28. CDOT ↑
  29. CTDOT ↑
  30. DelDOT ↑
  31. FDOT ↑
  32. GDOT ↑
  33. HDOT ↑
  34. ITD ↑
  35. IDOT ↑
  36. INDOT ↑
  37. Iowa DOT ↑
  38. KDOT ↑
  39. Kentucky Transportation Cabinet ↑
  40. Louisiana DOTD ↑
  41. MaineDOT ↑
  42. MDOT SHA ↑
  43. MassDOT ↑
  44. Michigan DOT ↑
  45. MnDOT ↑
  46. Mississippi DOT ↑
  47. Montana DOT ↑
  48. Nebraska DOT ↑
  49. Nevada DOT ↑
  50. NJDOT ↑
  51. NMDOT ↑
  52. NYSDOT ↑
  53. NCDOT ↑
  54. NDDOT ↑
  55. ODOT (Ohio) ↑
  56. ODOT (Oklahoma) ↑
  57. ODOT (Oregon) ↑
  58. PennDOT ↑
  59. PennDOT Publication 312 ↑
  60. RIDOT ↑
  61. SCDOT ↑
  62. SDDOT ↑
  63. TDOT ↑
  64. TxDOT ↑
  65. UDOT ↑
  66. VTrans ↑
  67. VDOT ↑
  68. Virginia 24VAC30-151-30 ↑
  69. Washington WAC 468-51-030 ↑
  70. WVDOH ↑
  71. WisDOT ↑
  72. WYDOT ↑

Find contractors in your county

Request a quoteSearch by ZIPContractors near you